HB0011 Enrolled LRB098 00182 CEL 30183 b
1		AN ACT concerning regulation.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Illinois Horse Racing Act of 1975 is amended
5		by changing Sections 26, 27, and 28.1 and by adding Sections
6		26.8 and 26.9 as follows:
7		(230 ILCS 5/26) (from Ch. 8, par. 37-26)
8		Sec. 26. Wagering.
9		(a) Any licensee may conduct and supervise the pari-mutuel
10		system of wagering, as defined in Section 3.12 of this Act, on
11		horse races conducted by an Illinois organization licensee or
12		conducted at a racetrack located in another state or country
13		and televised in Illinois in accordance with subsection (g) of
14		Section 26 of this Act. Subject to the prior consent of the
15		Board, licensees may supplement any pari-mutuel pool in order
16		to guarantee a minimum distribution. Such pari-mutuel method of
17		wagering shall not, under any circumstances if conducted under
18		the provisions of this Act, be held or construed to be
19		unlawful, other statutes of this State to the contrary
20		notwithstanding. Subject to rules for advance wagering
21		promulgated by the Board, any licensee may accept wagers in
22		advance of the day of the race wagered upon occurs.
23		(b) No other method of betting, pool making, wagering or

HB0011 Enrolled - 2 - LRB098 00182 CEL 30183 b
1		gambling shall be used or permitted by the licensee. Each
2		licensee may retain, subject to the payment of all applicable
3		taxes and purses, an amount not to exceed 17% of all money
4		wagered under subsection (a) of this Section, except as may
5		otherwise be permitted under this Act.
6		(b-5) An individual may place a wager under the pari-mutuel
7		system from any licensed location authorized under this Act
8		provided that wager is electronically recorded in the manner
9		described in Section 3.12 of this Act. Any wager made
10		electronically by an individual while physically on the
11		premises of a licensee shall be deemed to have been made at the
12		premises of that licensee.
13		(c) Until January 1, 2000, the sum held by any licensee for
14		payment of outstanding pari-mutuel tickets, if unclaimed prior
15		to December 31 of the next year, shall be retained by the
16		licensee for payment of such tickets until that date. Within 10
17		days thereafter, the balance of such sum remaining unclaimed,
18		less any uncashed supplements contributed by such licensee for
19		the purpose of guaranteeing minimum distributions of any
20		pari-mutuel pool, shall be paid to the Illinois Veterans'
21		Rehabilitation Fund of the State treasury, except as provided
22		in subsection (g) of Section 27 of this Act.
23		(c-5) Beginning January 1, 2000, the sum held by any
24		licensee for payment of outstanding pari-mutuel tickets, if
25		unclaimed prior to December 31 of the next year, shall be
26		retained by the licensee for payment of such tickets until that

HB0011 Enrolled - 3 - LRB098 00182 CEL 30183 b
1		date. Within 10 days thereafter, the balance of such sum
2		remaining unclaimed, less any uncashed supplements contributed
3		by such licensee for the purpose of guaranteeing minimum
4		distributions of any pari-mutuel pool, shall be evenly
5		distributed to the purse account of the organization licensee
6		and the organization licensee.
7		(d) A pari-mutuel ticket shall be honored until December 31
8		of the next calendar year, and the licensee shall pay the same
9		and may charge the amount thereof against unpaid money
10		similarly accumulated on account of pari-mutuel tickets not
11		presented for payment.
12		(e) No licensee shall knowingly permit any minor, other
13		than an employee of such licensee or an owner, trainer, jockey,
14		driver, or employee thereof, to be admitted during a racing
15		program unless accompanied by a parent or guardian, or any
16		minor to be a patron of the pari-mutuel system of wagering
17		conducted or supervised by it. The admission of any
18		unaccompanied minor, other than an employee of the licensee or
19		an owner, trainer, jockey, driver, or employee thereof at a
20		race track is a Class C misdemeanor.
21		(f) Notwithstanding the other provisions of this Act, an
22		organization licensee may contract with an entity in another
23		state or country to permit any legal wagering entity in another
24		state or country to accept wagers solely within such other
25		state or country on races conducted by the organization
26		licensee in this State. Beginning January 1, 2000, these wagers

HB0011 Enrolled - 4 - LRB098 00182 CEL 30183 b
1		shall not be subject to State taxation. Until January 1, 2000,
2		when the out-of-State entity conducts a pari-mutuel pool
3		separate from the organization licensee, a privilege tax equal
4		to 7 1/2% of all monies received by the organization licensee
5		from entities in other states or countries pursuant to such
6		contracts is imposed on the organization licensee, and such
7		privilege tax shall be remitted to the Department of Revenue
8		within 48 hours of receipt of the moneys from the simulcast.
9		When the out-of-State entity conducts a combined pari-mutuel
10		pool with the organization licensee, the tax shall be 10% of
11		all monies received by the organization licensee with 25% of
12		the receipts from this 10% tax to be distributed to the county
13		in which the race was conducted.
14		An organization licensee may permit one or more of its
15		races to be utilized for pari-mutuel wagering at one or more
16		locations in other states and may transmit audio and visual
17		signals of races the organization licensee conducts to one or
18		more locations outside the State or country and may also permit
19		pari-mutuel pools in other states or countries to be combined
20		with its gross or net wagering pools or with wagering pools
21		established by other states.
22		(g) A host track may accept interstate simulcast wagers on
23		horse races conducted in other states or countries and shall
24		control the number of signals and types of breeds of racing in
25		its simulcast program, subject to the disapproval of the Board.
26		The Board may prohibit a simulcast program only if it finds

HB0011 Enrolled - 5 - LRB098 00182 CEL 30183 b
1		that the simulcast program is clearly adverse to the integrity
2		of racing. The host track simulcast program shall include the
3		signal of live racing of all organization licensees. All
4		non-host licensees and advance deposit wagering licensees
5		shall carry the signal of and accept wagers on live racing of
6		all organization licensees. Advance deposit wagering licensees
7		shall not be permitted to accept out-of-state wagers on any
8		Illinois signal provided pursuant to this Section without the
9		approval and consent of the organization licensee providing the
10		signal. Non-host licensees may carry the host track simulcast
11		program and shall accept wagers on all races included as part
12		of the simulcast program upon which wagering is permitted. All
13		organization licensees shall provide their live signal to all
14		advance deposit wagering licensees for a simulcast commission
15		fee not to exceed 6% of the advance deposit wagering licensee's
16		Illinois handle on the organization licensee's signal without
17		prior approval by the Board. The Board may adopt rules under
18		which it may permit simulcast commission fees in excess of 6%.
19		The Board shall adopt rules limiting the interstate commission
20		fees charged to an advance deposit wagering licensee. The Board
21		shall adopt rules regarding advance deposit wagering on
22		interstate simulcast races that shall reflect, among other
23		things, the General Assembly's desire to maximize revenues to
24		the State, horsemen purses, and organizational licensees.
25		However, organization licensees providing live signals
26		pursuant to the requirements of this subsection (g) may

HB0011 Enrolled - 6 - LRB098 00182 CEL 30183 b
1		petition the Board to withhold their live signals from an
2		advance deposit wagering licensee if the organization licensee
3		discovers and the Board finds reputable or credible information
4		that the advance deposit wagering licensee is under
5		investigation by another state or federal governmental agency,
6		the advance deposit wagering licensee's license has been
7		suspended in another state, or the advance deposit wagering
8		licensee's license is in revocation proceedings in another
9		state. The organization licensee's provision of their live
10		signal to an advance deposit wagering licensee under this
11		subsection (g) pertains to wagers placed from within Illinois.
12		Advance deposit wagering licensees may place advance deposit
13		wagering terminals at wagering facilities as a convenience to
14		customers. The advance deposit wagering licensee shall not
15		charge or collect any fee from purses for the placement of the
16		advance deposit wagering terminals. The costs and expenses of
17		the host track and non-host licensees associated with
18		interstate simulcast wagering, other than the interstate
19		commission fee, shall be borne by the host track and all
20		non-host licensees incurring these costs. The interstate
21		commission fee shall not exceed 5% of Illinois handle on the
22		interstate simulcast race or races without prior approval of
23		the Board. The Board shall promulgate rules under which it may
24		permit interstate commission fees in excess of 5%. The
25		interstate commission fee and other fees charged by the sending
26		racetrack, including, but not limited to, satellite decoder

HB0011 Enrolled - 7 - LRB098 00182 CEL 30183 b
1		fees, shall be uniformly applied to the host track and all
2		non-host licensees.
3		Notwithstanding any other provision of this Act, until
4		February 1, 2017 January 31, 2014, an organization licensee,
5		with the consent of the horsemen association representing the
6		largest number of owners, trainers, jockeys, or standardbred
7		drivers who race horses at that organization licensee's racing
8		meeting, may maintain a system whereby advance deposit wagering
9		may take place or an organization licensee, with the consent of
10		the horsemen association representing the largest number of
11		owners, trainers, jockeys, or standardbred drivers who race
12		horses at that organization licensee's racing meeting, may
13		contract with another person to carry out a system of advance
14		deposit wagering. Such consent may not be unreasonably
15		withheld. Only with respect to an appeal to the Board that
16		consent for an organization licensee that maintains its own
17		advance deposit wagering system is being unreasonably
18		withheld, the Board shall issue a final order within 30 days
19		after initiation of the appeal, and the organization licensee's
20		advance deposit wagering system may remain operational during
21		that 30-day period. The actions of any organization licensee
22		who conducts advance deposit wagering or any person who has a
23		contract with an organization licensee to conduct advance
24		deposit wagering who conducts advance deposit wagering on or
25		after January 1, 2013 and prior to the effective date of this
26		amendatory Act of the 98th General Assembly taken in reliance

HB0011 Enrolled - 8 - LRB098 00182 CEL 30183 b
1		on the changes made to this subsection (g) by this amendatory
2		Act of the 98th General Assembly are hereby validated, provided
3		payment of all applicable pari-mutuel taxes are remitted to the
4		Board. All advance deposit wagers placed from within Illinois
5		must be placed through a Board-approved advance deposit
6		wagering licensee; no other entity may accept an advance
7		deposit wager from a person within Illinois. All advance
8		deposit wagering is subject to any rules adopted by the Board.
9		The Board may adopt rules necessary to regulate advance deposit
10		wagering through the use of emergency rulemaking in accordance
11		with Section 5-45 of the Illinois Administrative Procedure Act.
12		The General Assembly finds that the adoption of rules to
13		regulate advance deposit wagering is deemed an emergency and
14		necessary for the public interest, safety, and welfare. An
15		advance deposit wagering licensee may retain all moneys as
16		agreed to by contract with an organization licensee. Any moneys
17		retained by the organization licensee from advance deposit
18		wagering, not including moneys retained by the advance deposit
19		wagering licensee, shall be paid 50% to the organization
20		licensee's purse account and 50% to the organization licensee.
21		With the exception of any organization licensee that is owned
22		by a publicly traded company that is incorporated in a state
23		other than Illinois and advance deposit wagering licensees
24		under contract with such organization licensees, organization
25		licensees that maintain advance deposit wagering systems and
26		advance deposit wagering licensees that contract with

HB0011 Enrolled - 9 - LRB098 00182 CEL 30183 b
1		organization licensees shall provide sufficiently detailed
2		monthly accountings to the horsemen association representing
3		the largest number of owners, trainers, jockeys, or
4		standardbred drivers who race horses at that organization
5		licensee's racing meeting so that the horsemen association, as
6		an interested party, can confirm the accuracy of the amounts
7		paid to the purse account at the horsemen association's
8		affiliated organization licensee from advance deposit
9		wagering. If more than one breed races at the same race track
10		facility, then the 50% of the moneys to be paid to an
11		organization licensee's purse account shall be allocated among
12		all organization licensees' purse accounts operating at that
13		race track facility proportionately based on the actual number
14		of host days that the Board grants to that breed at that race
15		track facility in the current calendar year. To the extent any
16		fees from advance deposit wagering conducted in Illinois for
17		wagers in Illinois or other states have been placed in escrow
18		or otherwise withheld from wagers pending a determination of
19		the legality of advance deposit wagering, no action shall be
20		brought to declare such wagers or the disbursement of any fees
21		previously escrowed illegal.
22		(1) Between the hours of 6:30 a.m. and 6:30 p.m. an
23		intertrack wagering licensee other than the host track may
24		supplement the host track simulcast program with
25		additional simulcast races or race programs, provided that
26		between January 1 and the third Friday in February of any

HB0011 Enrolled - 10 - LRB098 00182 CEL 30183 b
1		year, inclusive, if no live thoroughbred racing is
2		occurring in Illinois during this period, only
3		thoroughbred races may be used for supplemental interstate
4		simulcast purposes. The Board shall withhold approval for a
5		supplemental interstate simulcast only if it finds that the
6		simulcast is clearly adverse to the integrity of racing. A
7		supplemental interstate simulcast may be transmitted from
8		an intertrack wagering licensee to its affiliated non-host
9		licensees. The interstate commission fee for a
10		supplemental interstate simulcast shall be paid by the
11		non-host licensee and its affiliated non-host licensees
12		receiving the simulcast.
13		(2) Between the hours of 6:30 p.m. and 6:30 a.m. an
14		intertrack wagering licensee other than the host track may
15		receive supplemental interstate simulcasts only with the
16		consent of the host track, except when the Board finds that
17		the simulcast is clearly adverse to the integrity of
18		racing. Consent granted under this paragraph (2) to any
19		intertrack wagering licensee shall be deemed consent to all
20		non-host licensees. The interstate commission fee for the
21		supplemental interstate simulcast shall be paid by all
22		participating non-host licensees.
23		(3) Each licensee conducting interstate simulcast
24		wagering may retain, subject to the payment of all
25		applicable taxes and the purses, an amount not to exceed
26		17% of all money wagered. If any licensee conducts the

HB0011 Enrolled - 11 - LRB098 00182 CEL 30183 b
1		pari-mutuel system wagering on races conducted at
2		racetracks in another state or country, each such race or
3		race program shall be considered a separate racing day for
4		the purpose of determining the daily handle and computing
5		the privilege tax of that daily handle as provided in
6		subsection (a) of Section 27. Until January 1, 2000, from
7		the sums permitted to be retained pursuant to this
8		subsection, each intertrack wagering location licensee
9		shall pay 1% of the pari-mutuel handle wagered on simulcast
10		wagering to the Horse Racing Tax Allocation Fund, subject
11		to the provisions of subparagraph (B) of paragraph (11) of
12		subsection (h) of Section 26 of this Act.
13		(4) A licensee who receives an interstate simulcast may
14		combine its gross or net pools with pools at the sending
15		racetracks pursuant to rules established by the Board. All
16		licensees combining their gross pools at a sending
17		racetrack shall adopt the take-out percentages of the
18		sending racetrack. A licensee may also establish a separate
19		pool and takeout structure for wagering purposes on races
20		conducted at race tracks outside of the State of Illinois.
21		The licensee may permit pari-mutuel wagers placed in other
22		states or countries to be combined with its gross or net
23		wagering pools or other wagering pools.
24		(5) After the payment of the interstate commission fee
25		(except for the interstate commission fee on a supplemental
26		interstate simulcast, which shall be paid by the host track

HB0011 Enrolled - 12 - LRB098 00182 CEL 30183 b
1		and by each non-host licensee through the host-track) and
2		all applicable State and local taxes, except as provided in
3		subsection (g) of Section 27 of this Act, the remainder of
4		moneys retained from simulcast wagering pursuant to this
5		subsection (g), and Section 26.2 shall be divided as
6		follows:
7		(A) For interstate simulcast wagers made at a host
8		track, 50% to the host track and 50% to purses at the
9		host track.
10		(B) For wagers placed on interstate simulcast
11		races, supplemental simulcasts as defined in
12		subparagraphs (1) and (2), and separately pooled races
13		conducted outside of the State of Illinois made at a
14		non-host licensee, 25% to the host track, 25% to the
15		non-host licensee, and 50% to the purses at the host
16		track.
17		(6) Notwithstanding any provision in this Act to the
18		contrary, non-host licensees who derive their licenses
19		from a track located in a county with a population in
20		excess of 230,000 and that borders the Mississippi River
21		may receive supplemental interstate simulcast races at all
22		times subject to Board approval, which shall be withheld
23		only upon a finding that a supplemental interstate
24		simulcast is clearly adverse to the integrity of racing.
25		(7) Notwithstanding any provision of this Act to the
26		contrary, after payment of all applicable State and local

HB0011 Enrolled - 13 - LRB098 00182 CEL 30183 b
1		taxes and interstate commission fees, non-host licensees
2		who derive their licenses from a track located in a county
3		with a population in excess of 230,000 and that borders the
4		Mississippi River shall retain 50% of the retention from
5		interstate simulcast wagers and shall pay 50% to purses at
6		the track from which the non-host licensee derives its
7		license as follows:
8		(A) Between January 1 and the third Friday in
9		February, inclusive, if no live thoroughbred racing is
10		occurring in Illinois during this period, when the
11		interstate simulcast is a standardbred race, the purse
12		share to its standardbred purse account;
13		(B) Between January 1 and the third Friday in
14		February, inclusive, if no live thoroughbred racing is
15		occurring in Illinois during this period, and the
16		interstate simulcast is a thoroughbred race, the purse
17		share to its interstate simulcast purse pool to be
18		distributed under paragraph (10) of this subsection
19		(g);
20		(C) Between January 1 and the third Friday in
21		February, inclusive, if live thoroughbred racing is
22		occurring in Illinois, between 6:30 a.m. and 6:30 p.m.
23		the purse share from wagers made during this time
24		period to its thoroughbred purse account and between
25		6:30 p.m. and 6:30 a.m. the purse share from wagers
26		made during this time period to its standardbred purse

HB0011 Enrolled - 14 - LRB098 00182 CEL 30183 b
1		accounts;
2		(D) Between the third Saturday in February and
3		December 31, when the interstate simulcast occurs
4		between the hours of 6:30 a.m. and 6:30 p.m., the purse
5		share to its thoroughbred purse account;
6		(E) Between the third Saturday in February and
7		December 31, when the interstate simulcast occurs
8		between the hours of 6:30 p.m. and 6:30 a.m., the purse
9		share to its standardbred purse account.
10		(7.1) Notwithstanding any other provision of this Act
11		to the contrary, if no standardbred racing is conducted at
12		a racetrack located in Madison County during any calendar
13		year beginning on or after January 1, 2002, all moneys
14		derived by that racetrack from simulcast wagering and
15		inter-track wagering that (1) are to be used for purses and
16		(2) are generated between the hours of 6:30 p.m. and 6:30
17		a.m. during that calendar year shall be paid as follows:
18		(A) If the licensee that conducts horse racing at
19		that racetrack requests from the Board at least as many
20		racing dates as were conducted in calendar year 2000,
21		80% shall be paid to its thoroughbred purse account;
22		and
23		(B) Twenty percent shall be deposited into the
24		Illinois Colt Stakes Purse Distribution Fund and shall
25		be paid to purses for standardbred races for Illinois
26		conceived and foaled horses conducted at any county

HB0011 Enrolled - 15 - LRB098 00182 CEL 30183 b
1		fairgrounds. The moneys deposited into the Fund
2		pursuant to this subparagraph (B) shall be deposited
3		within 2 weeks after the day they were generated, shall
4		be in addition to and not in lieu of any other moneys
5		paid to standardbred purses under this Act, and shall
6		not be commingled with other moneys paid into that
7		Fund. The moneys deposited pursuant to this
8		subparagraph (B) shall be allocated as provided by the
9		Department of Agriculture, with the advice and
10		assistance of the Illinois Standardbred Breeders Fund
11		Advisory Board.
12		(7.2) Notwithstanding any other provision of this Act
13		to the contrary, if no thoroughbred racing is conducted at
14		a racetrack located in Madison County during any calendar
15		year beginning on or after January 1, 2002, all moneys
16		derived by that racetrack from simulcast wagering and
17		inter-track wagering that (1) are to be used for purses and
18		(2) are generated between the hours of 6:30 a.m. and 6:30
19		p.m. during that calendar year shall be deposited as
20		follows:
21		(A) If the licensee that conducts horse racing at
22		that racetrack requests from the Board at least as many
23		racing dates as were conducted in calendar year 2000,
24		80% shall be deposited into its standardbred purse
25		account; and
26		(B) Twenty percent shall be deposited into the

HB0011 Enrolled - 16 - LRB098 00182 CEL 30183 b
1		Illinois Colt Stakes Purse Distribution Fund. Moneys
2		deposited into the Illinois Colt Stakes Purse
3		Distribution Fund pursuant to this subparagraph (B)
4		shall be paid to Illinois conceived and foaled
5		thoroughbred breeders' programs and to thoroughbred
6		purses for races conducted at any county fairgrounds
7		for Illinois conceived and foaled horses at the
8		discretion of the Department of Agriculture, with the
9		advice and assistance of the Illinois Thoroughbred
10		Breeders Fund Advisory Board. The moneys deposited
11		into the Illinois Colt Stakes Purse Distribution Fund
12		pursuant to this subparagraph (B) shall be deposited
13		within 2 weeks after the day they were generated, shall
14		be in addition to and not in lieu of any other moneys
15		paid to thoroughbred purses under this Act, and shall
16		not be commingled with other moneys deposited into that
17		Fund.
18		(7.3) If no live standardbred racing is conducted at a
19		racetrack located in Madison County in calendar year 2000
20		or 2001, an organization licensee who is licensed to
21		conduct horse racing at that racetrack shall, before
22		January 1, 2002, pay all moneys derived from simulcast
23		wagering and inter-track wagering in calendar years 2000
24		and 2001 and paid into the licensee's standardbred purse
25		account as follows:
26		(A) Eighty percent to that licensee's thoroughbred

HB0011 Enrolled - 17 - LRB098 00182 CEL 30183 b
1		purse account to be used for thoroughbred purses; and
2		(B) Twenty percent to the Illinois Colt Stakes
3		Purse Distribution Fund.
4		Failure to make the payment to the Illinois Colt Stakes
5		Purse Distribution Fund before January 1, 2002 shall result
6		in the immediate revocation of the licensee's organization
7		license, inter-track wagering license, and inter-track
8		wagering location license.
9		Moneys paid into the Illinois Colt Stakes Purse
10		Distribution Fund pursuant to this paragraph (7.3) shall be
11		paid to purses for standardbred races for Illinois
12		conceived and foaled horses conducted at any county
13		fairgrounds. Moneys paid into the Illinois Colt Stakes
14		Purse Distribution Fund pursuant to this paragraph (7.3)
15		shall be used as determined by the Department of
16		Agriculture, with the advice and assistance of the Illinois
17		Standardbred Breeders Fund Advisory Board, shall be in
18		addition to and not in lieu of any other moneys paid to
19		standardbred purses under this Act, and shall not be
20		commingled with any other moneys paid into that Fund.
21		(7.4) If live standardbred racing is conducted at a
22		racetrack located in Madison County at any time in calendar
23		year 2001 before the payment required under paragraph (7.3)
24		has been made, the organization licensee who is licensed to
25		conduct racing at that racetrack shall pay all moneys
26		derived by that racetrack from simulcast wagering and

HB0011 Enrolled - 18 - LRB098 00182 CEL 30183 b
1		inter-track wagering during calendar years 2000 and 2001
2		that (1) are to be used for purses and (2) are generated
3		between the hours of 6:30 p.m. and 6:30 a.m. during 2000 or
4		2001 to the standardbred purse account at that racetrack to
5		be used for standardbred purses.
6		(8) Notwithstanding any provision in this Act to the
7		contrary, an organization licensee from a track located in
8		a county with a population in excess of 230,000 and that
9		borders the Mississippi River and its affiliated non-host
10		licensees shall not be entitled to share in any retention
11		generated on racing, inter-track wagering, or simulcast
12		wagering at any other Illinois wagering facility.
13		(8.1) Notwithstanding any provisions in this Act to the
14		contrary, if 2 organization licensees are conducting
15		standardbred race meetings concurrently between the hours
16		of 6:30 p.m. and 6:30 a.m., after payment of all applicable
17		State and local taxes and interstate commission fees, the
18		remainder of the amount retained from simulcast wagering
19		otherwise attributable to the host track and to host track
20		purses shall be split daily between the 2 organization
21		licensees and the purses at the tracks of the 2
22		organization licensees, respectively, based on each
23		organization licensee's share of the total live handle for
24		that day, provided that this provision shall not apply to
25		any non-host licensee that derives its license from a track
26		located in a county with a population in excess of 230,000

HB0011 Enrolled - 19 - LRB098 00182 CEL 30183 b
1		and that borders the Mississippi River.
2		(9) (Blank).
3		(10) (Blank).
4		(11) (Blank).
5		(12) The Board shall have authority to compel all host
6		tracks to receive the simulcast of any or all races
7		conducted at the Springfield or DuQuoin State fairgrounds
8		and include all such races as part of their simulcast
9		programs.
10		(13) Notwithstanding any other provision of this Act,
11		in the event that the total Illinois pari-mutuel handle on
12		Illinois horse races at all wagering facilities in any
13		calendar year is less than 75% of the total Illinois
14		pari-mutuel handle on Illinois horse races at all such
15		wagering facilities for calendar year 1994, then each
16		wagering facility that has an annual total Illinois
17		pari-mutuel handle on Illinois horse races that is less
18		than 75% of the total Illinois pari-mutuel handle on
19		Illinois horse races at such wagering facility for calendar
20		year 1994, shall be permitted to receive, from any amount
21		otherwise payable to the purse account at the race track
22		with which the wagering facility is affiliated in the
23		succeeding calendar year, an amount equal to 2% of the
24		differential in total Illinois pari-mutuel handle on
25		Illinois horse races at the wagering facility between that
26		calendar year in question and 1994 provided, however, that

HB0011 Enrolled - 20 - LRB098 00182 CEL 30183 b
1		a wagering facility shall not be entitled to any such
2		payment until the Board certifies in writing to the
3		wagering facility the amount to which the wagering facility
4		is entitled and a schedule for payment of the amount to the
5		wagering facility, based on: (i) the racing dates awarded
6		to the race track affiliated with the wagering facility
7		during the succeeding year; (ii) the sums available or
8		anticipated to be available in the purse account of the
9		race track affiliated with the wagering facility for purses
10		during the succeeding year; and (iii) the need to ensure
11		reasonable purse levels during the payment period. The
12		Board's certification shall be provided no later than
13		January 31 of the succeeding year. In the event a wagering
14		facility entitled to a payment under this paragraph (13) is
15		affiliated with a race track that maintains purse accounts
16		for both standardbred and thoroughbred racing, the amount
17		to be paid to the wagering facility shall be divided
18		between each purse account pro rata, based on the amount of
19		Illinois handle on Illinois standardbred and thoroughbred
20		racing respectively at the wagering facility during the
21		previous calendar year. Annually, the General Assembly
22		shall appropriate sufficient funds from the General
23		Revenue Fund to the Department of Agriculture for payment
24		into the thoroughbred and standardbred horse racing purse
25		accounts at Illinois pari-mutuel tracks. The amount paid to
26		each purse account shall be the amount certified by the

HB0011 Enrolled - 21 - LRB098 00182 CEL 30183 b
1		Illinois Racing Board in January to be transferred from
2		each account to each eligible racing facility in accordance
3		with the provisions of this Section.
4		(h) The Board may approve and license the conduct of
5		inter-track wagering and simulcast wagering by inter-track
6		wagering licensees and inter-track wagering location licensees
7		subject to the following terms and conditions:
8		(1) Any person licensed to conduct a race meeting (i)
9		at a track where 60 or more days of racing were conducted
10		during the immediately preceding calendar year or where
11		over the 5 immediately preceding calendar years an average
12		of 30 or more days of racing were conducted annually may be
13		issued an inter-track wagering license; (ii) at a track
14		located in a county that is bounded by the Mississippi
15		River, which has a population of less than 150,000
16		according to the 1990 decennial census, and an average of
17		at least 60 days of racing per year between 1985 and 1993
18		may be issued an inter-track wagering license; or (iii) at
19		a track located in Madison County that conducted at least
20		100 days of live racing during the immediately preceding
21		calendar year may be issued an inter-track wagering
22		license, unless a lesser schedule of live racing is the
23		result of (A) weather, unsafe track conditions, or other
24		acts of God; (B) an agreement between the organization
25		licensee and the associations representing the largest
26		number of owners, trainers, jockeys, or standardbred

HB0011 Enrolled - 22 - LRB098 00182 CEL 30183 b
1		drivers who race horses at that organization licensee's
2		racing meeting; or (C) a finding by the Board of
3		extraordinary circumstances and that it was in the best
4		interest of the public and the sport to conduct fewer than
5		100 days of live racing. Any such person having operating
6		control of the racing facility may also receive up to 6
7		inter-track wagering location licenses. In no event shall
8		more than 6 inter-track wagering locations be established
9		for each eligible race track, except that an eligible race
10		track located in a county that has a population of more
11		than 230,000 and that is bounded by the Mississippi River
12		may establish up to 7 inter-track wagering locations and an
13		eligible race track located in Cook County may establish up
14		to 8 inter-track wagering locations. An application for
15		said license shall be filed with the Board prior to such
16		dates as may be fixed by the Board. With an application for
17		an inter-track wagering location license there shall be
18		delivered to the Board a certified check or bank draft
19		payable to the order of the Board for an amount equal to
20		$500. The application shall be on forms prescribed and
21		furnished by the Board. The application shall comply with
22		all other rules, regulations and conditions imposed by the
23		Board in connection therewith.
24		(2) The Board shall examine the applications with
25		respect to their conformity with this Act and the rules and
26		regulations imposed by the Board. If found to be in

HB0011 Enrolled - 23 - LRB098 00182 CEL 30183 b
1		compliance with the Act and rules and regulations of the
2		Board, the Board may then issue a license to conduct
3		inter-track wagering and simulcast wagering to such
4		applicant. All such applications shall be acted upon by the
5		Board at a meeting to be held on such date as may be fixed
6		by the Board.
7		(3) In granting licenses to conduct inter-track
8		wagering and simulcast wagering, the Board shall give due
9		consideration to the best interests of the public, of horse
10		racing, and of maximizing revenue to the State.
11		(4) Prior to the issuance of a license to conduct
12		inter-track wagering and simulcast wagering, the applicant
13		shall file with the Board a bond payable to the State of
14		Illinois in the sum of $50,000, executed by the applicant
15		and a surety company or companies authorized to do business
16		in this State, and conditioned upon (i) the payment by the
17		licensee of all taxes due under Section 27 or 27.1 and any
18		other monies due and payable under this Act, and (ii)
19		distribution by the licensee, upon presentation of the
20		winning ticket or tickets, of all sums payable to the
21		patrons of pari-mutuel pools.
22		(5) Each license to conduct inter-track wagering and
23		simulcast wagering shall specify the person to whom it is
24		issued, the dates on which such wagering is permitted, and
25		the track or location where the wagering is to be
26		conducted.

HB0011 Enrolled - 24 - LRB098 00182 CEL 30183 b
1		(6) All wagering under such license is subject to this
2		Act and to the rules and regulations from time to time
3		prescribed by the Board, and every such license issued by
4		the Board shall contain a recital to that effect.
5		(7) An inter-track wagering licensee or inter-track
6		wagering location licensee may accept wagers at the track
7		or location where it is licensed, or as otherwise provided
8		under this Act.
9		(8) Inter-track wagering or simulcast wagering shall
10		not be conducted at any track less than 5 miles from a
11		track at which a racing meeting is in progress.
12		(8.1) Inter-track wagering location licensees who
13		derive their licenses from a particular organization
14		licensee shall conduct inter-track wagering and simulcast
15		wagering only at locations which are either within 90 miles
16		of that race track where the particular organization
17		licensee is licensed to conduct racing, or within 135 miles
18		of that race track where the particular organization
19		licensee is licensed to conduct racing in the case of race
20		tracks in counties of less than 400,000 that were operating
21		on or before June 1, 1986. However, inter-track wagering
22		and simulcast wagering shall not be conducted by those
23		licensees at any location within 5 miles of any race track
24		at which a horse race meeting has been licensed in the
25		current year, unless the person having operating control of
26		such race track has given its written consent to such

HB0011 Enrolled - 25 - LRB098 00182 CEL 30183 b
1		inter-track wagering location licensees, which consent
2		must be filed with the Board at or prior to the time
3		application is made. In the case of any inter-track
4		wagering location licensee initially licensed after
5		December 31, 2013, inter-track wagering and simulcast
6		wagering shall not be conducted by those inter-track
7		wagering location licensees that are located outside the
8		City of Chicago at any location within 8 miles of any race
9		track at which a horse race meeting has been licensed in
10		the current year, unless the person having operating
11		control of such race track has given its written consent to
12		such inter-track wagering location licensees, which
13		consent must be filed with the Board at or prior to the
14		time application is made.
15		(8.2) Inter-track wagering or simulcast wagering shall
16		not be conducted by an inter-track wagering location
17		licensee at any location within 500 feet of an existing
18		church or existing school, nor within 500 feet of the
19		residences of more than 50 registered voters without
20		receiving written permission from a majority of the
21		registered voters at such residences. Such written
22		permission statements shall be filed with the Board. The
23		distance of 500 feet shall be measured to the nearest part
24		of any building used for worship services, education
25		programs, residential purposes, or conducting inter-track
26		wagering by an inter-track wagering location licensee, and

HB0011 Enrolled - 26 - LRB098 00182 CEL 30183 b
1		not to property boundaries. However, inter-track wagering
2		or simulcast wagering may be conducted at a site within 500
3		feet of a church , school or residences of 50 or more
4		registered voters if such church , school or residences
5		have been erected or established, or such voters have been
6		registered, after the Board issues the original
7		inter-track wagering location license at the site in
8		question. Inter-track wagering location licensees may
9		conduct inter-track wagering and simulcast wagering only
10		in areas that are zoned for commercial or manufacturing
11		purposes or in areas for which a special use has been
12		approved by the local zoning authority. However, no license
13		to conduct inter-track wagering and simulcast wagering
14		shall be granted by the Board with respect to any
15		inter-track wagering location within the jurisdiction of
16		any local zoning authority which has, by ordinance or by
17		resolution, prohibited the establishment of an inter-track
18		wagering location within its jurisdiction. However,
19		inter-track wagering and simulcast wagering may be
20		conducted at a site if such ordinance or resolution is
21		enacted after the Board licenses the original inter-track
22		wagering location licensee for the site in question.
23		(9) (Blank).
24		(10) An inter-track wagering licensee or an
25		inter-track wagering location licensee may retain, subject
26		to the payment of the privilege taxes and the purses, an

HB0011 Enrolled - 27 - LRB098 00182 CEL 30183 b
1		amount not to exceed 17% of all money wagered. Each program
2		of racing conducted by each inter-track wagering licensee
3		or inter-track wagering location licensee shall be
4		considered a separate racing day for the purpose of
5		determining the daily handle and computing the privilege
6		tax or pari-mutuel tax on such daily handle as provided in
7		Section 27.
8		(10.1) Except as provided in subsection (g) of Section
9		27 of this Act, inter-track wagering location licensees
10		shall pay 1% of the pari-mutuel handle at each location to
11		the municipality in which such location is situated and 1%
12		of the pari-mutuel handle at each location to the county in
13		which such location is situated. In the event that an
14		inter-track wagering location licensee is situated in an
15		unincorporated area of a county, such licensee shall pay 2%
16		of the pari-mutuel handle from such location to such
17		county.
18		(10.2) Notwithstanding any other provision of this
19		Act, with respect to intertrack wagering at a race track
20		located in a county that has a population of more than
21		230,000 and that is bounded by the Mississippi River ("the
22		first race track"), or at a facility operated by an
23		inter-track wagering licensee or inter-track wagering
24		location licensee that derives its license from the
25		organization licensee that operates the first race track,
26		on races conducted at the first race track or on races

HB0011 Enrolled - 28 - LRB098 00182 CEL 30183 b
1		conducted at another Illinois race track and
2		simultaneously televised to the first race track or to a
3		facility operated by an inter-track wagering licensee or
4		inter-track wagering location licensee that derives its
5		license from the organization licensee that operates the
6		first race track, those moneys shall be allocated as
7		follows:
8		(A) That portion of all moneys wagered on
9		standardbred racing that is required under this Act to
10		be paid to purses shall be paid to purses for
11		standardbred races.
12		(B) That portion of all moneys wagered on
13		thoroughbred racing that is required under this Act to
14		be paid to purses shall be paid to purses for
15		thoroughbred races.
16		(11) (A) After payment of the privilege or pari-mutuel
17		tax, any other applicable taxes, and the costs and expenses
18		in connection with the gathering, transmission, and
19		dissemination of all data necessary to the conduct of
20		inter-track wagering, the remainder of the monies retained
21		under either Section 26 or Section 26.2 of this Act by the
22		inter-track wagering licensee on inter-track wagering
23		shall be allocated with 50% to be split between the 2
24		participating licensees and 50% to purses, except that an
25		intertrack wagering licensee that derives its license from
26		a track located in a county with a population in excess of

HB0011 Enrolled - 29 - LRB098 00182 CEL 30183 b
1		230,000 and that borders the Mississippi River shall not
2		divide any remaining retention with the Illinois
3		organization licensee that provides the race or races, and
4		an intertrack wagering licensee that accepts wagers on
5		races conducted by an organization licensee that conducts a
6		race meet in a county with a population in excess of
7		230,000 and that borders the Mississippi River shall not
8		divide any remaining retention with that organization
9		licensee.
10		(B) From the sums permitted to be retained pursuant to
11		this Act each inter-track wagering location licensee shall
12		pay (i) the privilege or pari-mutuel tax to the State; (ii)
13		4.75% of the pari-mutuel handle on intertrack wagering at
14		such location on races as purses, except that an intertrack
15		wagering location licensee that derives its license from a
16		track located in a county with a population in excess of
17		230,000 and that borders the Mississippi River shall retain
18		all purse moneys for its own purse account consistent with
19		distribution set forth in this subsection (h), and
20		intertrack wagering location licensees that accept wagers
21		on races conducted by an organization licensee located in a
22		county with a population in excess of 230,000 and that
23		borders the Mississippi River shall distribute all purse
24		moneys to purses at the operating host track; (iii) until
25		January 1, 2000, except as provided in subsection (g) of
26		Section 27 of this Act, 1% of the pari-mutuel handle

HB0011 Enrolled - 30 - LRB098 00182 CEL 30183 b
1		wagered on inter-track wagering and simulcast wagering at
2		each inter-track wagering location licensee facility to
3		the Horse Racing Tax Allocation Fund, provided that, to the
4		extent the total amount collected and distributed to the
5		Horse Racing Tax Allocation Fund under this subsection (h)
6		during any calendar year exceeds the amount collected and
7		distributed to the Horse Racing Tax Allocation Fund during
8		calendar year 1994, that excess amount shall be
9		redistributed (I) to all inter-track wagering location
10		licensees, based on each licensee's pro-rata share of the
11		total handle from inter-track wagering and simulcast
12		wagering for all inter-track wagering location licensees
13		during the calendar year in which this provision is
14		applicable; then (II) the amounts redistributed to each
15		inter-track wagering location licensee as described in
16		subpart (I) shall be further redistributed as provided in
17		subparagraph (B) of paragraph (5) of subsection (g) of this
18		Section 26 provided first, that the shares of those
19		amounts, which are to be redistributed to the host track or
20		to purses at the host track under subparagraph (B) of
21		paragraph (5) of subsection (g) of this Section 26 shall be
22		redistributed based on each host track's pro rata share of
23		the total inter-track wagering and simulcast wagering
24		handle at all host tracks during the calendar year in
25		question, and second, that any amounts redistributed as
26		described in part (I) to an inter-track wagering location

HB0011 Enrolled - 31 - LRB098 00182 CEL 30183 b
1		licensee that accepts wagers on races conducted by an
2		organization licensee that conducts a race meet in a county
3		with a population in excess of 230,000 and that borders the
4		Mississippi River shall be further redistributed as
5		provided in subparagraphs (D) and (E) of paragraph (7) of
6		subsection (g) of this Section 26, with the portion of that
7		further redistribution allocated to purses at that
8		organization licensee to be divided between standardbred
9		purses and thoroughbred purses based on the amounts
10		otherwise allocated to purses at that organization
11		licensee during the calendar year in question; and (iv) 8%
12		of the pari-mutuel handle on inter-track wagering wagered
13		at such location to satisfy all costs and expenses of
14		conducting its wagering. The remainder of the monies
15		retained by the inter-track wagering location licensee
16		shall be allocated 40% to the location licensee and 60% to
17		the organization licensee which provides the Illinois
18		races to the location, except that an intertrack wagering
19		location licensee that derives its license from a track
20		located in a county with a population in excess of 230,000
21		and that borders the Mississippi River shall not divide any
22		remaining retention with the organization licensee that
23		provides the race or races and an intertrack wagering
24		location licensee that accepts wagers on races conducted by
25		an organization licensee that conducts a race meet in a
26		county with a population in excess of 230,000 and that

HB0011 Enrolled - 32 - LRB098 00182 CEL 30183 b
1		borders the Mississippi River shall not divide any
2		remaining retention with the organization licensee.
3		Notwithstanding the provisions of clauses (ii) and (iv) of
4		this paragraph, in the case of the additional inter-track
5		wagering location licenses authorized under paragraph (1)
6		of this subsection (h) by this amendatory Act of 1991,
7		those licensees shall pay the following amounts as purses:
8		during the first 12 months the licensee is in operation,
9		5.25% of the pari-mutuel handle wagered at the location on
10		races; during the second 12 months, 5.25%; during the third
11		12 months, 5.75%; during the fourth 12 months, 6.25%; and
12		during the fifth 12 months and thereafter, 6.75%. The
13		following amounts shall be retained by the licensee to
14		satisfy all costs and expenses of conducting its wagering:
15		during the first 12 months the licensee is in operation,
16		8.25% of the pari-mutuel handle wagered at the location;
17		during the second 12 months, 8.25%; during the third 12
18		months, 7.75%; during the fourth 12 months, 7.25%; and
19		during the fifth 12 months and thereafter, 6.75%. For
20		additional intertrack wagering location licensees
21		authorized under this amendatory Act of 1995, purses for
22		the first 12 months the licensee is in operation shall be
23		5.75% of the pari-mutuel wagered at the location, purses
24		for the second 12 months the licensee is in operation shall
25		be 6.25%, and purses thereafter shall be 6.75%. For
26		additional intertrack location licensees authorized under

HB0011 Enrolled - 33 - LRB098 00182 CEL 30183 b
1		this amendatory Act of 1995, the licensee shall be allowed
2		to retain to satisfy all costs and expenses: 7.75% of the
3		pari-mutuel handle wagered at the location during its first
4		12 months of operation, 7.25% during its second 12 months
5		of operation, and 6.75% thereafter.
6		(C) There is hereby created the Horse Racing Tax
7		Allocation Fund which shall remain in existence until
8		December 31, 1999. Moneys remaining in the Fund after
9		December 31, 1999 shall be paid into the General Revenue
10		Fund. Until January 1, 2000, all monies paid into the Horse
11		Racing Tax Allocation Fund pursuant to this paragraph (11)
12		by inter-track wagering location licensees located in park
13		districts of 500,000 population or less, or in a
14		municipality that is not included within any park district
15		but is included within a conservation district and is the
16		county seat of a county that (i) is contiguous to the state
17		of Indiana and (ii) has a 1990 population of 88,257
18		according to the United States Bureau of the Census, and
19		operating on May 1, 1994 shall be allocated by
20		appropriation as follows:
21		Two-sevenths to the Department of Agriculture.
22		Fifty percent of this two-sevenths shall be used to
23		promote the Illinois horse racing and breeding
24		industry, and shall be distributed by the Department of
25		Agriculture upon the advice of a 9-member committee
26		appointed by the Governor consisting of the following

HB0011 Enrolled - 34 - LRB098 00182 CEL 30183 b
1		members: the Director of Agriculture, who shall serve
2		as chairman; 2 representatives of organization
3		licensees conducting thoroughbred race meetings in
4		this State, recommended by those licensees; 2
5		representatives of organization licensees conducting
6		standardbred race meetings in this State, recommended
7		by those licensees; a representative of the Illinois
8		Thoroughbred Breeders and Owners Foundation,
9		recommended by that Foundation; a representative of
10		the Illinois Standardbred Owners and Breeders
11		Association, recommended by that Association; a
12		representative of the Horsemen's Benevolent and
13		Protective Association or any successor organization
14		thereto established in Illinois comprised of the
15		largest number of owners and trainers, recommended by
16		that Association or that successor organization; and a
17		representative of the Illinois Harness Horsemen's
18		Association, recommended by that Association.
19		Committee members shall serve for terms of 2 years,
20		commencing January 1 of each even-numbered year. If a
21		representative of any of the above-named entities has
22		not been recommended by January 1 of any even-numbered
23		year, the Governor shall appoint a committee member to
24		fill that position. Committee members shall receive no
25		compensation for their services as members but shall be
26		reimbursed for all actual and necessary expenses and

HB0011 Enrolled - 35 - LRB098 00182 CEL 30183 b
1		disbursements incurred in the performance of their
2		official duties. The remaining 50% of this
3		two-sevenths shall be distributed to county fairs for
4		premiums and rehabilitation as set forth in the
5		Agricultural Fair Act;
6		Four-sevenths to park districts or municipalities
7		that do not have a park district of 500,000 population
8		or less for museum purposes (if an inter-track wagering
9		location licensee is located in such a park district)
10		or to conservation districts for museum purposes (if an
11		inter-track wagering location licensee is located in a
12		municipality that is not included within any park
13		district but is included within a conservation
14		district and is the county seat of a county that (i) is
15		contiguous to the state of Indiana and (ii) has a 1990
16		population of 88,257 according to the United States
17		Bureau of the Census, except that if the conservation
18		district does not maintain a museum, the monies shall
19		be allocated equally between the county and the
20		municipality in which the inter-track wagering
21		location licensee is located for general purposes) or
22		to a municipal recreation board for park purposes (if
23		an inter-track wagering location licensee is located
24		in a municipality that is not included within any park
25		district and park maintenance is the function of the
26		municipal recreation board and the municipality has a

HB0011 Enrolled - 36 - LRB098 00182 CEL 30183 b
1		1990 population of 9,302 according to the United States
2		Bureau of the Census); provided that the monies are
3		distributed to each park district or conservation
4		district or municipality that does not have a park
5		district in an amount equal to four-sevenths of the
6		amount collected by each inter-track wagering location
7		licensee within the park district or conservation
8		district or municipality for the Fund. Monies that were
9		paid into the Horse Racing Tax Allocation Fund before
10		the effective date of this amendatory Act of 1991 by an
11		inter-track wagering location licensee located in a
12		municipality that is not included within any park
13		district but is included within a conservation
14		district as provided in this paragraph shall, as soon
15		as practicable after the effective date of this
16		amendatory Act of 1991, be allocated and paid to that
17		conservation district as provided in this paragraph.
18		Any park district or municipality not maintaining a
19		museum may deposit the monies in the corporate fund of
20		the park district or municipality where the
21		inter-track wagering location is located, to be used
22		for general purposes; and
23		One-seventh to the Agricultural Premium Fund to be
24		used for distribution to agricultural home economics
25		extension councils in accordance with "An Act in
26		relation to additional support and finances for the

HB0011 Enrolled - 37 - LRB098 00182 CEL 30183 b
1		Agricultural and Home Economic Extension Councils in
2		the several counties of this State and making an
3		appropriation therefor", approved July 24, 1967.
4		Until January 1, 2000, all other monies paid into the
5		Horse Racing Tax Allocation Fund pursuant to this paragraph
6		(11) shall be allocated by appropriation as follows:
7		Two-sevenths to the Department of Agriculture.
8		Fifty percent of this two-sevenths shall be used to
9		promote the Illinois horse racing and breeding
10		industry, and shall be distributed by the Department of
11		Agriculture upon the advice of a 9-member committee
12		appointed by the Governor consisting of the following
13		members: the Director of Agriculture, who shall serve
14		as chairman; 2 representatives of organization
15		licensees conducting thoroughbred race meetings in
16		this State, recommended by those licensees; 2
17		representatives of organization licensees conducting
18		standardbred race meetings in this State, recommended
19		by those licensees; a representative of the Illinois
20		Thoroughbred Breeders and Owners Foundation,
21		recommended by that Foundation; a representative of
22		the Illinois Standardbred Owners and Breeders
23		Association, recommended by that Association; a
24		representative of the Horsemen's Benevolent and
25		Protective Association or any successor organization
26		thereto established in Illinois comprised of the

HB0011 Enrolled - 38 - LRB098 00182 CEL 30183 b
1		largest number of owners and trainers, recommended by
2		that Association or that successor organization; and a
3		representative of the Illinois Harness Horsemen's
4		Association, recommended by that Association.
5		Committee members shall serve for terms of 2 years,
6		commencing January 1 of each even-numbered year. If a
7		representative of any of the above-named entities has
8		not been recommended by January 1 of any even-numbered
9		year, the Governor shall appoint a committee member to
10		fill that position. Committee members shall receive no
11		compensation for their services as members but shall be
12		reimbursed for all actual and necessary expenses and
13		disbursements incurred in the performance of their
14		official duties. The remaining 50% of this
15		two-sevenths shall be distributed to county fairs for
16		premiums and rehabilitation as set forth in the
17		Agricultural Fair Act;
18		Four-sevenths to museums and aquariums located in
19		park districts of over 500,000 population; provided
20		that the monies are distributed in accordance with the
21		previous year's distribution of the maintenance tax
22		for such museums and aquariums as provided in Section 2
23		of the Park District Aquarium and Museum Act; and
24		One-seventh to the Agricultural Premium Fund to be
25		used for distribution to agricultural home economics
26		extension councils in accordance with "An Act in

HB0011 Enrolled - 39 - LRB098 00182 CEL 30183 b
1		relation to additional support and finances for the
2		Agricultural and Home Economic Extension Councils in
3		the several counties of this State and making an
4		appropriation therefor", approved July 24, 1967. This
5		subparagraph (C) shall be inoperative and of no force
6		and effect on and after January 1, 2000.
7		(D) Except as provided in paragraph (11) of this
8		subsection (h), with respect to purse allocation from
9		intertrack wagering, the monies so retained shall be
10		divided as follows:
11		(i) If the inter-track wagering licensee,
12		except an intertrack wagering licensee that
13		derives its license from an organization licensee
14		located in a county with a population in excess of
15		230,000 and bounded by the Mississippi River, is
16		not conducting its own race meeting during the same
17		dates, then the entire purse allocation shall be to
18		purses at the track where the races wagered on are
19		being conducted.
20		(ii) If the inter-track wagering licensee,
21		except an intertrack wagering licensee that
22		derives its license from an organization licensee
23		located in a county with a population in excess of
24		230,000 and bounded by the Mississippi River, is
25		also conducting its own race meeting during the
26		same dates, then the purse allocation shall be as

HB0011 Enrolled - 40 - LRB098 00182 CEL 30183 b
1		follows: 50% to purses at the track where the races
2		wagered on are being conducted; 50% to purses at
3		the track where the inter-track wagering licensee
4		is accepting such wagers.
5		(iii) If the inter-track wagering is being
6		conducted by an inter-track wagering location
7		licensee, except an intertrack wagering location
8		licensee that derives its license from an
9		organization licensee located in a county with a
10		population in excess of 230,000 and bounded by the
11		Mississippi River, the entire purse allocation for
12		Illinois races shall be to purses at the track
13		where the race meeting being wagered on is being
14		held.
15		(12) The Board shall have all powers necessary and
16		proper to fully supervise and control the conduct of
17		inter-track wagering and simulcast wagering by inter-track
18		wagering licensees and inter-track wagering location
19		licensees, including, but not limited to the following:
20		(A) The Board is vested with power to promulgate
21		reasonable rules and regulations for the purpose of
22		administering the conduct of this wagering and to
23		prescribe reasonable rules, regulations and conditions
24		under which such wagering shall be held and conducted.
25		Such rules and regulations are to provide for the
26		prevention of practices detrimental to the public

HB0011 Enrolled - 41 - LRB098 00182 CEL 30183 b
1		interest and for the best interests of said wagering
2		and to impose penalties for violations thereof.
3		(B) The Board, and any person or persons to whom it
4		delegates this power, is vested with the power to enter
5		the facilities of any licensee to determine whether
6		there has been compliance with the provisions of this
7		Act and the rules and regulations relating to the
8		conduct of such wagering.
9		(C) The Board, and any person or persons to whom it
10		delegates this power, may eject or exclude from any
11		licensee's facilities, any person whose conduct or
12		reputation is such that his presence on such premises
13		may, in the opinion of the Board, call into the
14		question the honesty and integrity of, or interfere
15		with the orderly conduct of such wagering; provided,
16		however, that no person shall be excluded or ejected
17		from such premises solely on the grounds of race,
18		color, creed, national origin, ancestry, or sex.
19		(D) (Blank).
20		(E) The Board is vested with the power to appoint
21		delegates to execute any of the powers granted to it
22		under this Section for the purpose of administering
23		this wagering and any rules and regulations
24		promulgated in accordance with this Act.
25		(F) The Board shall name and appoint a State
26		director of this wagering who shall be a representative

HB0011 Enrolled - 42 - LRB098 00182 CEL 30183 b
1		of the Board and whose duty it shall be to supervise
2		the conduct of inter-track wagering as may be provided
3		for by the rules and regulations of the Board; such
4		rules and regulation shall specify the method of
5		appointment and the Director's powers, authority and
6		duties.
7		(G) The Board is vested with the power to impose
8		civil penalties of up to $5,000 against individuals and
9		up to $10,000 against licensees for each violation of
10		any provision of this Act relating to the conduct of
11		this wagering, any rules adopted by the Board, any
12		order of the Board or any other action which in the
13		Board's discretion, is a detriment or impediment to
14		such wagering.
15		(13) The Department of Agriculture may enter into
16		agreements with licensees authorizing such licensees to
17		conduct inter-track wagering on races to be held at the
18		licensed race meetings conducted by the Department of
19		Agriculture. Such agreement shall specify the races of the
20		Department of Agriculture's licensed race meeting upon
21		which the licensees will conduct wagering. In the event
22		that a licensee conducts inter-track pari-mutuel wagering
23		on races from the Illinois State Fair or DuQuoin State Fair
24		which are in addition to the licensee's previously approved
25		racing program, those races shall be considered a separate
26		racing day for the purpose of determining the daily handle

HB0011 Enrolled - 43 - LRB098 00182 CEL 30183 b
1		and computing the privilege or pari-mutuel tax on that
2		daily handle as provided in Sections 27 and 27.1. Such
3		agreements shall be approved by the Board before such
4		wagering may be conducted. In determining whether to grant
5		approval, the Board shall give due consideration to the
6		best interests of the public and of horse racing. The
7		provisions of paragraphs (1), (8), (8.1), and (8.2) of
8		subsection (h) of this Section which are not specified in
9		this paragraph (13) shall not apply to licensed race
10		meetings conducted by the Department of Agriculture at the
11		Illinois State Fair in Sangamon County or the DuQuoin State
12		Fair in Perry County, or to any wagering conducted on those
13		race meetings.
14		(i) Notwithstanding the other provisions of this Act, the
15		conduct of wagering at wagering facilities is authorized on all
16		days, except as limited by subsection (b) of Section 19 of this
17		Act.
18		(Source: P.A. 97-1060, eff. 8-24-12; 98-18, eff. 6-7-13.)
19		(230 ILCS 5/26.8 new)
20		Sec. 26.8. Beginning on February 1, 2014 and until January
21		31, 2017, each wagering licensee may impose a surcharge of up
22		to 0.5% on winning wagers and winnings from wagers. The
23		surcharge shall be deducted from winnings prior to payout. All
24		amounts collected from the imposition of this surcharge shall
25		be evenly distributed to the organization licensee and the

HB0011 Enrolled - 44 - LRB098 00182 CEL 30183 b
1		purse account of the organization licensee with which the
2		licensee is affiliated. The amounts distributed under this
3		Section shall be in addition to the amounts paid pursuant to
4		paragraph (10) of subsection (h) of Section 26, Section 26.3,
5		Section 26.4, Section 26.5, and Section 26.7.
6		(230 ILCS 5/26.9 new)
7		Sec. 26.9. Beginning on February 1, 2014 until January 31,
8		2017, in addition to the surcharge imposed in Sections 26.3,
9		26.4, 26.5, 26.7, and 26.8 of this Act, each licensee shall
10		impose a surcharge of 0.2% on winning wagers and winnings from
11		wagers. The surcharge shall be deducted from winnings prior to
12		payout. All amounts collected from the surcharges imposed under
13		this Section shall be remitted to the Board. From amounts
14		collected under this Section, the Board shall deposit an amount
15		not to exceed $100,000 annually into the Quarter Horse Purse
16		Fund and all remaining amounts into the Horse Racing Fund.
17		(230 ILCS 5/27) (from Ch. 8, par. 37-27)
18		Sec. 27. (a) In addition to the organization license fee
19		provided by this Act, until January 1, 2000, a graduated
20		privilege tax is hereby imposed for conducting the pari-mutuel
21		system of wagering permitted under this Act. Until January 1,
22		2000, except as provided in subsection (g) of Section 27 of
23		this Act, all of the breakage of each racing day held by any
24		licensee in the State shall be paid to the State. Until January

HB0011 Enrolled - 45 - LRB098 00182 CEL 30183 b
1		1, 2000, such daily graduated privilege tax shall be paid by
2		the licensee from the amount permitted to be retained under
3		this Act. Until January 1, 2000, each day's graduated privilege
4		tax, breakage, and Horse Racing Tax Allocation funds shall be
5		remitted to the Department of Revenue within 48 hours after the
6		close of the racing day upon which it is assessed or within
7		such other time as the Board prescribes. The privilege tax
8		hereby imposed, until January 1, 2000, shall be a flat tax at
9		the rate of 2% of the daily pari-mutuel handle except as
10		provided in Section 27.1.
11		In addition, every organization licensee, except as
12		provided in Section 27.1 of this Act, which conducts multiple
13		wagering shall pay, until January 1, 2000, as a privilege tax
14		on multiple wagers an amount equal to 1.25% of all moneys
15		wagered each day on such multiple wagers, plus an additional
16		amount equal to 3.5% of the amount wagered each day on any
17		other multiple wager which involves a single betting interest
18		on 3 or more horses. The licensee shall remit the amount of
19		such taxes to the Department of Revenue within 48 hours after
20		the close of the racing day on which it is assessed or within
21		such other time as the Board prescribes.
22		This subsection (a) shall be inoperative and of no force
23		and effect on and after January 1, 2000.
24		(a-5) Beginning on January 1, 2000, a flat pari-mutuel tax
25		at the rate of 1.5% of the daily pari-mutuel handle is imposed
26		at all pari-mutuel wagering facilities and on advance deposit

HB0011 Enrolled - 46 - LRB098 00182 CEL 30183 b
1		wagering from a location other than a wagering facility, except
2		as otherwise provided for in this subsection (a-5). In addition
3		to the pari-mutuel tax imposed on advance deposit wagering
4		pursuant to this subsection (a-5), beginning on August 24, 2012
5		(the effective date of Public Act 97-1060) this amendatory Act
6		of the 97th General Assembly until February 1, 2017 January 31,
7		2014, an additional pari-mutuel tax at the rate of 0.25% shall
8		be imposed on advance deposit wagering. Until August 25, 2012,
9		the additional 0.25% pari-mutuel tax imposed on advance deposit
10		wagering by Public Act 96-972 shall be deposited into the
11		Quarter Horse Purse Fund, which shall be created as a
12		non-appropriated trust fund administered by the Board for
13		grants to thoroughbred organization licensees for payment of
14		purses for quarter horse races conducted by the organization
15		licensee. Beginning on August 26, 2012, the additional 0.25%
16		pari-mutuel tax imposed on advance deposit wagering shall be
17		deposited into the Standardbred Purse Fund, which shall be
18		created as a non-appropriated trust fund administered by the
19		Board, for grants to the standardbred organization licensees
20		for payment of purses for standardbred horse races conducted by
21		the organization licensee. Thoroughbred organization licensees
22		may petition the Board to conduct quarter horse racing and
23		receive purse grants from the Quarter Horse Purse Fund. The
24		Board shall have complete discretion in distributing the
25		Quarter Horse Purse Fund to the petitioning organization
26		licensees. Beginning on July 26, 2010 (the effective date of

HB0011 Enrolled - 47 - LRB098 00182 CEL 30183 b
1		Public Act 96-1287), a pari-mutuel tax at the rate of 0.75% of
2		the daily pari-mutuel handle is imposed at a pari-mutuel
3		facility whose license is derived from a track located in a
4		county that borders the Mississippi River and conducted live
5		racing in the previous year. The pari-mutuel tax imposed by
6		this subsection (a-5) shall be remitted to the Department of
7		Revenue within 48 hours after the close of the racing day upon
8		which it is assessed or within such other time as the Board
9		prescribes.
10		(b) On or before December 31, 1999, in the event that any
11		organization licensee conducts 2 separate programs of races on
12		any day, each such program shall be considered a separate
13		racing day for purposes of determining the daily handle and
14		computing the privilege tax on such daily handle as provided in
15		subsection (a) of this Section.
16		(c) Licensees shall at all times keep accurate books and
17		records of all monies wagered on each day of a race meeting and
18		of the taxes paid to the Department of Revenue under the
19		provisions of this Section. The Board or its duly authorized
20		representative or representatives shall at all reasonable
21		times have access to such records for the purpose of examining
22		and checking the same and ascertaining whether the proper
23		amount of taxes is being paid as provided. The Board shall
24		require verified reports and a statement of the total of all
25		monies wagered daily at each wagering facility upon which the
26		taxes are assessed and may prescribe forms upon which such

HB0011 Enrolled - 48 - LRB098 00182 CEL 30183 b
1		reports and statement shall be made.
2		(d) Any licensee failing or refusing to pay the amount of
3		any tax due under this Section shall be guilty of a business
4		offense and upon conviction shall be fined not more than $5,000
5		in addition to the amount found due as tax under this Section.
6		Each day's violation shall constitute a separate offense. All
7		fines paid into Court by a licensee hereunder shall be
8		transmitted and paid over by the Clerk of the Court to the
9		Board.
10		(e) No other license fee, privilege tax, excise tax, or
11		racing fee, except as provided in this Act, shall be assessed
12		or collected from any such licensee by the State.
13		(f) No other license fee, privilege tax, excise tax or
14		racing fee shall be assessed or collected from any such
15		licensee by units of local government except as provided in
16		paragraph 10.1 of subsection (h) and subsection (f) of Section
17		26 of this Act. However, any municipality that has a Board
18		licensed horse race meeting at a race track wholly within its
19		corporate boundaries or a township that has a Board licensed
20		horse race meeting at a race track wholly within the
21		unincorporated area of the township may charge a local
22		amusement tax not to exceed 10¢ per admission to such horse
23		race meeting by the enactment of an ordinance. However, any
24		municipality or county that has a Board licensed inter-track
25		wagering location facility wholly within its corporate
26		boundaries may each impose an admission fee not to exceed $1.00

HB0011 Enrolled - 49 - LRB098 00182 CEL 30183 b
1		per admission to such inter-track wagering location facility,
2		so that a total of not more than $2.00 per admission may be
3		imposed. Except as provided in subparagraph (g) of Section 27
4		of this Act, the inter-track wagering location licensee shall
5		collect any and all such fees and within 48 hours remit the
6		fees to the Board, which shall, pursuant to rule, cause the
7		fees to be distributed to the county or municipality.
8		(g) Notwithstanding any provision in this Act to the
9		contrary, if in any calendar year the total taxes and fees
10		required to be collected from licensees and distributed under
11		this Act to all State and local governmental authorities
12		exceeds the amount of such taxes and fees distributed to each
13		State and local governmental authority to which each State and
14		local governmental authority was entitled under this Act for
15		calendar year 1994, then the first $11 million of that excess
16		amount shall be allocated at the earliest possible date for
17		distribution as purse money for the succeeding calendar year.
18		Upon reaching the 1994 level, and until the excess amount of
19		taxes and fees exceeds $11 million, the Board shall direct all
20		licensees to cease paying the subject taxes and fees and the
21		Board shall direct all licensees to allocate any such excess
22		amount for purses as follows:
23		(i) the excess amount shall be initially divided
24		between thoroughbred and standardbred purses based on the
25		thoroughbred's and standardbred's respective percentages
26		of total Illinois live wagering in calendar year 1994;

HB0011 Enrolled - 50 - LRB098 00182 CEL 30183 b
1		(ii) each thoroughbred and standardbred organization
2		licensee issued an organization licensee in that
3		succeeding allocation year shall be allocated an amount
4		equal to the product of its percentage of total Illinois
5		live thoroughbred or standardbred wagering in calendar
6		year 1994 (the total to be determined based on the sum of
7		1994 on-track wagering for all organization licensees
8		issued organization licenses in both the allocation year
9		and the preceding year) multiplied by the total amount
10		allocated for standardbred or thoroughbred purses,
11		provided that the first $1,500,000 of the amount allocated
12		to standardbred purses under item (i) shall be allocated to
13		the Department of Agriculture to be expended with the
14		assistance and advice of the Illinois Standardbred
15		Breeders Funds Advisory Board for the purposes listed in
16		subsection (g) of Section 31 of this Act, before the amount
17		allocated to standardbred purses under item (i) is
18		allocated to standardbred organization licensees in the
19		succeeding allocation year.
20		To the extent the excess amount of taxes and fees to be
21		collected and distributed to State and local governmental
22		authorities exceeds $11 million, that excess amount shall be
23		collected and distributed to State and local authorities as
24		provided for under this Act.
25		(Source: P.A. 97-1060, eff. 8-24-12; 98-18, eff. 6-7-13.)

HB0011 Enrolled - 51 - LRB098 00182 CEL 30183 b
1		(230 ILCS 5/28.1)
2		Sec. 28.1. Payments.
3		(a) Beginning on January 1, 2000, moneys collected by the
4		Department of Revenue and the Racing Board pursuant to Section
5		26 or Section 27 of this Act shall be deposited into the Horse
6		Racing Fund, which is hereby created as a special fund in the
7		State Treasury.
8		(b) Appropriations, as approved by the General Assembly,
9		may be made from the Horse Racing Fund to the Board to pay the
10		salaries of the Board members, secretary, stewards, directors
11		of mutuels, veterinarians, representatives, accountants,
12		clerks, stenographers, inspectors and other employees of the
13		Board, and all expenses of the Board incident to the
14		administration of this Act, including, but not limited to, all
15		expenses and salaries incident to the taking of saliva and
16		urine samples in accordance with the rules and regulations of
17		the Board.
18		(c) (Blank) Beginning on January 1, 2000, the Board shall
19		transfer the remainder of the funds generated pursuant to
20		Sections 26 and 27 from the Horse Racing Fund into the General
21		Revenue Fund.
22		(d) Beginning January 1, 2000, payments to all programs in
23		existence on the effective date of this amendatory Act of 1999
24		that are identified in Sections 26(c), 26(f), 26(h)(11)(C), and
25		28, subsections (a), (b), (c), (d), (e), (f), (g), and (h) of
26		Section 30, and subsections (a), (b), (c), (d), (e), (f), (g),

HB0011 Enrolled - 52 - LRB098 00182 CEL 30183 b
1		and (h) of Section 31 shall be made from the General Revenue
2		Fund at the funding levels determined by amounts paid under
3		this Act in calendar year 1998. Beginning on the effective date
4		of this amendatory Act of the 93rd General Assembly, payments
5		to the Peoria Park District shall be made from the General
6		Revenue Fund at the funding level determined by amounts paid to
7		that park district for museum purposes under this Act in
8		calendar year 1994.
9		If an inter-track wagering location licensee's facility
10		changes its location, then the payments associated with that
11		facility under this subsection (d) for museum purposes shall be
12		paid to the park district in the area where the facility
13		relocates, and the payments shall be used for museum purposes.
14		If the facility does not relocate to a park district, then the
15		payments shall be paid to the taxing district that is
16		responsible for park or museum expenditures.
17		(e) Beginning July 1, 2006, the payment authorized under
18		subsection (d) to museums and aquariums located in park
19		districts of over 500,000 population shall be paid to museums,
20		aquariums, and zoos in amounts determined by Museums in the
21		Park, an association of museums, aquariums, and zoos located on
22		Chicago Park District property.
23		(f) Beginning July 1, 2007, the Children's Discovery Museum
24		in Normal, Illinois shall receive payments from the General
25		Revenue Fund at the funding level determined by the amounts
26		paid to the Miller Park Zoo in Bloomington, Illinois under this

HB0011 Enrolled - 53 - LRB098 00182 CEL 30183 b
1		Section in calendar year 2006.
2		(Source: P.A. 95-222, eff. 8-16-07; 96-562, eff. 8-18-09.)