GAMING-RACETRACKS

Illinois General Assembly - Full Text of HB5469

Select Language

×

The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.

Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.

The English language version is always the official and authoritative version of this website.

NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.

Choose Language

English

Afrikaans

Albanian

Arabic

Armenian

Azerbaijani

Basque

Bengali

Bosnian

Catalan

Croatian

Czech

Danish

Dutch

Esperanto

Estonian

Filipino

Finnish

French

Galician

Georgian

German

Greek

Gujarati

Haitian Creole

Hausa

Hawaiian

Hebrew

Hindi

Hungarian

Icelandic

Indonesian

Interlingua

Interlingue

Inuktitut

Irish

Italian

Japanese

Javanese

Kannada

Khmer

Korean

Latin

Latvian

Lithuanian

Luxembourgish

Macedonian

Malagasy

Malayalam

Maltese

Maori

Marathi

Myanmar

Nepali

Norwegian

Odia

Pashto

Punjabi

Romanian

Russian

Samoan

Sango

Sanskrit

Sardinian

Sindhi

Sinhala

Slovak

Slovenian

Somali

Southern Sotho

Spanish

Sundanese

Swahili

Swedish

Tamil

Telugu

Thai

Tigrinya

Tonga

Turkish

Ukrainian

Urdu

Vietnamese

Welsh

Xhosa

Yiddish

Yoruba

Zulu

Powered by
Translate

Close

Illinois General Assembly

Top Navigation Bar

Translate

Learn

Select General Assembly

Search the 104th General Assembly

Enter search terms for legislation, members, committees, or schedules.

ILGA.GOV

LEGISLATION & LAWS

Bills & Resolutions

Public Acts

Illinois Compiled Statutes

Illinois Constitution

Search Legislation

Glossary

Guide

Reports & Inquiry

Legislative Reports

Special Reports

FTP Site

Legislator Lookup

Capitol Complex Phone Numbers

Rules & Regulations

Illinois Register

Administrative Rules

Senate

Members

Schedules

Committees

Request for Remote Testimony

Journals

Transcripts

Rules

Audio/Video

FOIA Information

Senate Employment Opportunities

Media Guidelines

House

Members

Schedules

Committees

Submit testimony for House Committees

Journals

Transcripts

Rules

Audio/Video

FOIA Information

House Employment Opportunities

Log In

Mobile Top Bar

Search the 104th General Assembly

Enter keywords to search the Illinois General Assembly website.

Full Text of HB5469

Home

Legislation

Full Text

HB5469 - 104th General Assembly

Bill Status

Full Text

Votes

Witness Slips

Select Menu

Bill Status

Full Text

Votes

Witness Slips

Printer Friendly Version

Introduced

Printer Friendly Version

Introduced

Open PDF

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5469

Introduced 2/13/2026, by Rep. Robert "Bob" Rita - Elizabeth "Lisa" Hernandez

SYNOPSIS AS INTRODUCED:

230 ILCS 5/26

from Ch. 8, par. 37-26
230 ILCS 5/31.1

from Ch. 8, par. 37-31.1
230 ILCS 5/32.1
230 ILCS 10/7.7

Amends the Illinois Horse Racing Act of 1975. Provides that, in
addition to the appropriation for payment into the thoroughbred and
standardbred horse racing purse accounts at Illinois pari-mutuel tracks, a
one-time appropriation shall be made for the 3-year period before the
effective date of the amendatory Act for which appropriations were not
made. Makes conforming changes. Makes changes to provisions concerning the
calculation of organization licensees' annual contributions to non-profit
organizations that provide medical and family, counseling, and similar
services to persons who reside or work on the backstretch of Illinois
racetracks. Provides that for the 10-year (rather than 5-year) period
beginning on the January 1 of the calendar year immediately following the
calendar year during which an organization licensee begins conducting
gaming operations, the organization licensee shall make capital
expenditures to the improvement and maintenance of the backstretch. Amends
the Illinois Gambling Act. Requires a person or entity having operating
control of a racetrack to pay an initial fee of $17,500 (rather than
$30,000) per gaming position from organization gaming licensees where
gaming is conducted in Cook County. Provides that a person or entity having
operating control of a racetrack located in Cook County shall only pay the
initial fees for 720 of the gaming positions authorized under the license.
Provides that the required reconciliation payments for an organization
gaming licensee who operates gaming positions may be made in installments
over a period of no more than 12 (rather than 6) years.
LRB104 18730 LNS 32173 b

A BILL FOR

HB5469
LRB104 18730 LNS 32173 b
1

AN ACT concerning gaming.

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
5
amended by changing Sections 26, 31.1, and 32.1 as follows:

6

(230 ILCS 5/26)

(from Ch. 8, par. 37-26)
7

Sec. 26.
Wagering.
8

(a) Any licensee may conduct and supervise the pari-mutuel
9
system of wagering, as defined in Section 3.12 of this Act, on
10
horse races conducted by an Illinois organization licensee or
11
conducted at a racetrack located in another state or country
12
in accordance with subsection (g) of Section 26 of this Act.
13
Subject to the prior consent of the Board, licensees may
14
supplement any pari-mutuel pool in order to guarantee a
15
minimum distribution. Such pari-mutuel method of wagering
16
shall not, under any circumstances if conducted under the
17
provisions of this Act, be held or construed to be unlawful,
18
other statutes of this State to the contrary notwithstanding.
19
Subject to rules for advance wagering promulgated by the
20
Board, any licensee may accept wagers in advance of the day the
21
race wagered upon occurs.
22

(b) Except for those gaming activities for which a license
23
is obtained and authorized under the Illinois Lottery Law, the

HB5469
- 2 -
LRB104 18730 LNS 32173 b
1
Charitable Games Act, the Raffles and Poker Runs Act, or the
2
Illinois Gambling Act, no other method of betting, pool
3
making, wagering or gambling shall be used or permitted by the
4
licensee. Each licensee may retain, subject to the payment of
5
all applicable taxes and purses, an amount not to exceed 17% of
6
all money wagered under subsection (a) of this Section, except
7
as may otherwise be permitted under this Act.
8

(b-5) An individual may place a wager under the
9
pari-mutuel system from any licensed location authorized under
10
this Act provided that wager is electronically recorded in the
11
manner described in Section 3.12 of this Act. Any wager made
12
electronically by an individual while physically on the
13
premises of a licensee shall be deemed to have been made at the
14
premises of that licensee.
15

(c) (Blank).
16

(c-5) The sum held by any licensee for payment of
17
outstanding pari-mutuel tickets, if unclaimed prior to
18
December 31 of the next year, shall be retained by the licensee
19
for payment of such tickets until that date. Within 10 days
20
thereafter, the balance of such sum remaining unclaimed, less
21
any uncashed supplements contributed by such licensee for the
22
purpose of guaranteeing minimum distributions of any
23
pari-mutuel pool, shall be evenly distributed to the purse
24
account of the organization licensee and the organization
25
licensee, except that the balance of the sum of all
26
outstanding pari-mutuel tickets generated from simulcast

HB5469
- 3 -
LRB104 18730 LNS 32173 b
1
wagering and inter-track wagering by an organization licensee
2
located in a county with a population in excess of 230,000 and
3
borders the Mississippi River or any licensee that derives its
4
license from that organization licensee 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
8
31 of the next calendar year, and the licensee shall pay the
9
same 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,
14
jockey, driver, or employee thereof, to be admitted during a
15
racing program unless accompanied by a parent or guardian, or
16
any 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
24
another state or country to accept wagers solely within such
25
other state or country on races conducted by the organization
26
licensee in this State. Beginning January 1, 2000, these

HB5469
- 4 -
LRB104 18730 LNS 32173 b
1
wagers shall not be subject to State taxation. Until January
2
1, 2000, when the out-of-State entity conducts a pari-mutuel
3
pool separate from the organization licensee, a privilege tax
4
equal to 7 1/2% of all monies received by the organization
5
licensee from entities in other states or countries pursuant
6
to such contracts is imposed on the organization licensee, and
7
such privilege tax shall be remitted to the Department of
8
Revenue within 48 hours of receipt of the moneys from the
9
simulcast. When the out-of-State entity conducts a combined
10
pari-mutuel pool with the organization licensee, the tax shall
11
be 10% of all monies received by the organization licensee
12
with 25% of the receipts from this 10% tax to be distributed to
13
the county 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
19
permit pari-mutuel pools in other states or countries to be
20
combined with its gross or net wagering pools or with wagering
21
pools 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
26
Board. The Board may prohibit a simulcast program only if it

HB5469
- 5 -
LRB104 18730 LNS 32173 b
1
finds that the simulcast program is clearly adverse to the
2
integrity of racing. The host track simulcast program shall
3
include the signal of live racing of all organization
4
licensees. All non-host licensees and advance deposit wagering
5
licensees shall carry the signal of and accept wagers on live
6
racing of all organization licensees. Advance deposit wagering
7
licensees shall not be permitted to accept out-of-state wagers
8
on any Illinois signal provided pursuant to this Section
9
without the approval and consent of the organization licensee
10
providing the signal. For one year after August 15, 2014 (the
11
effective date of Public Act 98-968), non-host licensees may
12
carry the host track simulcast program and shall accept wagers
13
on all races included as part of the simulcast program of horse
14
races conducted at race tracks located within North America
15
upon which wagering is permitted. For a period of one year
16
after August 15, 2014 (the effective date of Public Act
17
98-968), on horse races conducted at race tracks located
18
outside of North America, non-host licensees may accept wagers
19
on all races included as part of the simulcast program upon
20
which wagering is permitted. Beginning August 15, 2015 (one
21
year after the effective date of Public Act 98-968), non-host
22
licensees may carry the host track simulcast program and shall
23
accept wagers on all races included as part of the simulcast
24
program upon which wagering is permitted. All organization
25
licensees shall provide their live signal to all advance
26
deposit wagering licensees for a simulcast commission fee not

HB5469
- 6 -
LRB104 18730 LNS 32173 b
1
to exceed 6% of the advance deposit wagering licensee's
2
Illinois handle on the organization licensee's signal without
3
prior approval by the Board. The Board may adopt rules under
4
which it may permit simulcast commission fees in excess of 6%.
5
The Board shall adopt rules limiting the interstate commission
6
fees charged to an advance deposit wagering licensee. The
7
Board shall adopt rules regarding advance deposit wagering on
8
interstate simulcast races that shall reflect, among other
9
things, the General Assembly's desire to maximize revenues to
10
the State, horsemen purses, and organization licensees.
11
However, organization licensees providing live signals
12
pursuant to the requirements of this subsection (g) may
13
petition the Board to withhold their live signals from an
14
advance deposit wagering licensee if the organization licensee
15
discovers and the Board finds reputable or credible
16
information that the advance deposit wagering licensee is
17
under investigation by another state or federal governmental
18
agency, the advance deposit wagering licensee's license has
19
been suspended in another state, or the advance deposit
20
wagering licensee's license is in revocation proceedings in
21
another state. The organization licensee's provision of their
22
live signal to an advance deposit wagering licensee under this
23
subsection (g) pertains to wagers placed from within Illinois.
24
Advance deposit wagering licensees may place advance deposit
25
wagering terminals at wagering facilities as a convenience to
26
customers. The advance deposit wagering licensee shall not

HB5469
- 7 -
LRB104 18730 LNS 32173 b
1
charge or collect any fee from purses for the placement of the
2
advance deposit wagering terminals. The costs and expenses of
3
the host track and non-host licensees associated with
4
interstate simulcast wagering, other than the interstate
5
commission fee, shall be borne by the host track and all
6
non-host licensees incurring these costs. The interstate
7
commission fee shall not exceed 5% of Illinois handle on the
8
interstate simulcast race or races without prior approval of
9
the Board. The Board shall promulgate rules under which it may
10
permit interstate commission fees in excess of 5%. The
11
interstate commission fee and other fees charged by the
12
sending racetrack, including, but not limited to, satellite
13
decoder fees, shall be uniformly applied to the host track and
14
all non-host licensees.
15

Notwithstanding any other provision of this Act, an
16
organization licensee, with the consent of the horsemen
17
association representing the largest number of owners,
18
trainers, jockeys, or standardbred drivers who race horses at
19
that organization licensee's racing meeting, may maintain a
20
system whereby advance deposit wagering may take place or an
21
organization licensee, with the consent of the horsemen
22
association representing the largest number of owners,
23
trainers, jockeys, or standardbred drivers who race horses at
24
that organization licensee's racing meeting, may contract with
25
another person to carry out a system of advance deposit
26
wagering. Such consent may not be unreasonably withheld. Only

HB5469
- 8 -
LRB104 18730 LNS 32173 b
1
with respect to an appeal to the Board that consent for an
2
organization licensee that maintains its own advance deposit
3
wagering system is being unreasonably withheld, the Board
4
shall issue a final order within 30 days after initiation of
5
the appeal, and the organization licensee's advance deposit
6
wagering system may remain operational during that 30-day
7
period. The actions of any organization licensee who conducts
8
advance deposit wagering or any person who has a contract with
9
an organization licensee to conduct advance deposit wagering
10
who conducts advance deposit wagering on or after January 1,
11
2013 and prior to June 7, 2013 (the effective date of Public
12
Act 98-18) taken in reliance on the changes made to this
13
subsection (g) by Public Act 98-18 are hereby validated,
14
provided payment of all applicable pari-mutuel taxes are
15
remitted to the Board. All advance deposit wagers placed from
16
within Illinois must be placed through a Board-approved
17
advance deposit wagering licensee; no other entity may accept
18
an advance deposit wager from a person within Illinois. All
19
advance deposit wagering is subject to any rules adopted by
20
the Board. The Board may adopt rules necessary to regulate
21
advance deposit wagering through the use of emergency
22
rulemaking in accordance with Section 5-45 of the Illinois
23
Administrative Procedure Act. The General Assembly finds that
24
the adoption of rules to regulate advance deposit wagering is
25
deemed an emergency and necessary for the public interest,
26
safety, and welfare. An advance deposit wagering licensee may

HB5469
- 9 -
LRB104 18730 LNS 32173 b
1
retain all moneys as agreed to by contract with an
2
organization licensee. Any moneys retained by the organization
3
licensee from advance deposit wagering, not including moneys
4
retained by the advance deposit wagering licensee, shall be
5
paid 50% to the organization licensee's purse account and 50%
6
to the organization licensee. With the exception of any
7
organization licensee that is owned by a publicly traded
8
company that is incorporated in a state other than Illinois
9
and advance deposit wagering licensees under contract with
10
such organization licensees, organization licensees that
11
maintain advance deposit wagering systems and advance deposit
12
wagering licensees that contract with organization licensees
13
shall provide sufficiently detailed monthly accountings to the
14
horsemen association representing the largest number of
15
owners, trainers, jockeys, or standardbred drivers who race
16
horses at that organization licensee's racing meeting so that
17
the horsemen association, as an interested party, can confirm
18
the accuracy of the amounts paid to the purse account at the
19
horsemen association's affiliated organization licensee from
20
advance deposit wagering. If more than one breed races at the
21
same race track facility, then the 50% of the moneys to be paid
22
to an organization licensee's purse account shall be allocated
23
among all organization licensees' purse accounts operating at
24
that race track facility proportionately based on the actual
25
number of host days that the Board grants to that breed at that
26
race track facility in the current calendar year. To the

HB5469
- 10 -
LRB104 18730 LNS 32173 b
1
extent any fees from advance deposit wagering conducted in
2
Illinois for wagers in Illinois or other states have been
3
placed in escrow or otherwise withheld from wagers pending a
4
determination of the legality of advance deposit wagering, no
5
action shall be brought to declare such wagers or the
6
disbursement of any fees previously escrowed illegal.
7

(1) Between the hours of 6:30 a.m. and 6:30 p.m. an
8

inter-track wagering licensee other than the host track
9

may supplement the host track simulcast program with
10

additional simulcast races or race programs, provided that
11

between January 1 and the third Friday in February of any
12

year, inclusive, if no live thoroughbred racing is
13

occurring in Illinois during this period, only
14

thoroughbred races may be used for supplemental interstate
15

simulcast purposes. The Board shall withhold approval for
16

a supplemental interstate simulcast only if it finds that
17

the simulcast is clearly adverse to the integrity of
18

racing. A supplemental interstate simulcast may be
19

transmitted from an inter-track wagering licensee to its
20

affiliated non-host licensees. The interstate commission
21

fee for a supplemental interstate simulcast shall be paid
22

by the non-host licensee and its affiliated non-host
23

licensees receiving the simulcast.
24

(2) Between the hours of 6:30 p.m. and 6:30 a.m. an
25

inter-track wagering licensee other than the host track
26

may receive supplemental interstate simulcasts only with

HB5469
- 11 -
LRB104 18730 LNS 32173 b
1

the consent of the host track, except when the Board finds
2

that the simulcast is clearly adverse to the integrity of
3

racing. Consent granted under this paragraph (2) to any
4

inter-track wagering licensee shall be deemed consent to
5

all non-host licensees. The interstate commission fee for
6

the supplemental interstate simulcast shall be paid by all
7

participating non-host licensees.
8

(3) Each licensee conducting interstate simulcast
9

wagering may retain, subject to the payment of all
10

applicable taxes and the purses, an amount not to exceed
11

17% of all money wagered. If any licensee conducts the
12

pari-mutuel system wagering on races conducted at
13

racetracks in another state or country, each such race or
14

race program shall be considered a separate racing day for
15

the purpose of determining the daily handle and computing
16

the privilege tax of that daily handle as provided in
17

subsection (a) of Section 27. Until January 1, 2000, from
18

the sums permitted to be retained pursuant to this
19

subsection, each inter-track wagering location licensee
20

shall pay 1% of the pari-mutuel handle wagered on
21

simulcast wagering to the Horse Racing Tax Allocation
22

Fund, subject to the provisions of subparagraph (B) of
23

paragraph (11) of subsection (h) of Section 26 of this
24

Act.
25

(4) A licensee who receives an interstate simulcast
26

may combine its gross or net pools with pools at the

HB5469
- 12 -
LRB104 18730 LNS 32173 b
1

sending racetracks pursuant to rules established by the
2

Board. All licensees combining their gross pools at a
3

sending racetrack shall adopt the takeout percentages of
4

the sending racetrack. A licensee may also establish a
5

separate pool and takeout structure for wagering purposes
6

on races conducted at race tracks outside of the State of
7

Illinois. The licensee may permit pari-mutuel wagers
8

placed in other states or countries to be combined with
9

its gross or net wagering pools or other wagering pools.
10

(5) After the payment of the interstate commission fee
11

(except for the interstate commission fee on a
12

supplemental interstate simulcast, which shall be paid by
13

the host track and by each non-host licensee through the
14

host track) and all applicable State and local taxes,
15

except as provided in subsection (g) of Section 27 of this
16

Act, the remainder of moneys retained from simulcast
17

wagering pursuant to this subsection (g), and Section 26.2
18

shall be divided as follows:
19

(A) For interstate simulcast wagers made at a host
20

track, 50% to the host track and 50% to purses at the
21

host track.
22

(B) For wagers placed on interstate simulcast
23

races, supplemental simulcasts as defined in
24

subparagraphs (1) and (2), and separately pooled races
25

conducted outside of the State of Illinois made at a
26

non-host licensee, 25% to the host track, 25% to the

HB5469
- 13 -
LRB104 18730 LNS 32173 b
1

non-host licensee, and 50% to the purses at the host
2

track.
3

(6) Notwithstanding any provision in this Act to the
4

contrary, non-host licensees who derive their licenses
5

from a track located in a county with a population in
6

excess of 230,000 and that borders the Mississippi River
7

may receive supplemental interstate simulcast races at all
8

times subject to Board approval, which shall be withheld
9

only upon a finding that a supplemental interstate
10

simulcast is clearly adverse to the integrity of racing.
11

(7) Effective January 1, 2017, notwithstanding any
12

provision of this Act to the contrary, after payment of
13

all applicable State and local taxes and interstate
14

commission fees, non-host licensees who derive their
15

licenses from a track located in a county with a
16

population in excess of 230,000 and that borders the
17

Mississippi River shall retain 50% of the retention from
18

interstate simulcast wagers and shall pay 50% to purses at
19

the track from which the non-host licensee derives its
20

license.
21

(7.1) Notwithstanding any other provision of this Act
22

to the contrary, if no standardbred racing is conducted at
23

a racetrack located in Madison County during any calendar
24

year beginning on or after January 1, 2002, and the
25

licensee that conducts horse racing at that racetrack
26

requests from the Board at least as many racing dates as

HB5469
- 14 -
LRB104 18730 LNS 32173 b
1

were conducted in calendar year 2000, all moneys derived
2

by that racetrack from simulcast wagering and inter-track
3

wagering that (1) are to be used for purses and (2) are
4

generated between the hours of 6:30 p.m. and 6:30 a.m.
5

during that calendar year shall be paid as follows:
6

(A) Eighty percent shall be paid to its
7

thoroughbred purse account; and
8

(B) Twenty percent shall be deposited into the
9

Illinois Colt Stakes Purse Distribution Fund and shall
10

be paid to purses for standardbred races for Illinois
11

conceived and foaled horses conducted at any county
12

fairgrounds. The moneys deposited into the Fund
13

pursuant to this subparagraph (B) shall be deposited
14

within 2 weeks after the day they were generated,
15

shall be in addition to and not in lieu of any other
16

moneys paid to standardbred purses under this Act, and
17

shall not be commingled with other moneys paid into
18

that Fund. The moneys deposited pursuant to this
19

subparagraph (B) shall be allocated as provided by the
20

Department of Agriculture, with the advice and
21

assistance of the Illinois Standardbred Breeders Fund
22

Advisory Board.
23

(7.2) Notwithstanding any other provision of this Act
24

to the contrary, if no thoroughbred racing is conducted at
25

a racetrack located in Madison County during any calendar
26

year beginning on or after January 1, 2002, and the

HB5469
- 15 -
LRB104 18730 LNS 32173 b
1

licensee that conducts horse racing at that racetrack
2

requests from the Board at least as many racing dates as
3

were conducted in calendar year 2000, all moneys derived
4

by that racetrack from simulcast wagering and inter-track
5

wagering that (1) are to be used for purses and (2) are
6

generated between the hours of 6:30 a.m. and 6:30 p.m.
7

during that calendar year shall be deposited as follows:
8

(A) Eighty percent shall be deposited into its
9

standardbred purse account; and
10

(B) Twenty percent shall be deposited into the
11

Illinois Colt Stakes Purse Distribution Fund. Moneys
12

deposited into the Illinois Colt Stakes Purse
13

Distribution Fund pursuant to this subparagraph (B)
14

shall be paid to Illinois conceived and foaled
15

thoroughbred breeders' programs and to thoroughbred
16

purses for races conducted at any county fairgrounds
17

for Illinois conceived and foaled horses at the
18

discretion of the Department of Agriculture, with the
19

advice and assistance of the Illinois Thoroughbred
20

Breeders Fund Advisory Board. The moneys deposited
21

into the Illinois Colt Stakes Purse Distribution Fund
22

pursuant to this subparagraph (B) shall be deposited
23

within 2 weeks after the day they were generated,
24

shall be in addition to and not in lieu of any other
25

moneys paid to thoroughbred purses under this Act, and
26

shall not be commingled with other moneys deposited

HB5469
- 16 -
LRB104 18730 LNS 32173 b
1

into that Fund.
2

(8) Notwithstanding any provision in this Act to the
3

contrary, an organization licensee from a track located in
4

a county with a population in excess of 230,000 and that
5

borders the Mississippi River and its affiliated non-host
6

licensees shall not be entitled to share in any retention
7

generated on racing, inter-track wagering, or simulcast
8

wagering at any other Illinois wagering facility.
9

(8.1) Notwithstanding any provisions in this Act to
10

the contrary, if 2 organization licensees are conducting
11

standardbred race meetings concurrently between the hours
12

of 6:30 p.m. and 6:30 a.m., after payment of all
13

applicable State and local taxes and interstate commission
14

fees, the remainder of the amount retained from simulcast
15

wagering otherwise attributable to the host track and to
16

host track purses shall be split daily between the 2
17

organization licensees and the purses at the tracks of the
18

2 organization licensees, respectively, based on each
19

organization licensee's share of the total live handle for
20

that day, provided that this provision shall not apply to
21

any non-host licensee that derives its license from a
22

track located in a county with a population in excess of
23

230,000 and that borders the Mississippi River.
24

(9) (Blank).
25

(10) (Blank).
26

(11) (Blank).

HB5469
- 17 -
LRB104 18730 LNS 32173 b
1

(12) The Board shall have authority to compel all host
2

tracks to receive the simulcast of any or all races
3

conducted at the Springfield or DuQuoin State fairgrounds
4

and include all such races as part of their simulcast
5

programs.
6

(13) Notwithstanding any other provision of this Act,
7

in the event that the total Illinois pari-mutuel handle on
8

Illinois horse races at all wagering facilities in any
9

calendar year is less than 75% of the total Illinois
10

pari-mutuel handle on Illinois horse races at all such
11

wagering facilities for calendar year 1994, then each
12

wagering facility that has an annual total Illinois
13

pari-mutuel handle on Illinois horse races that is less
14

than 75% of the total Illinois pari-mutuel handle on
15

Illinois horse races at such wagering facility for
16

calendar year 1994, shall be permitted to receive, from
17

any amount otherwise payable to the purse account at the
18

race track with which the wagering facility is affiliated
19

in the succeeding calendar year, an amount equal to 2% of
20

the differential in total Illinois pari-mutuel handle on
21

Illinois horse races at the wagering facility between that
22

calendar year in question and 1994 provided, however, that
23

a wagering facility shall not be entitled to any such
24

payment until the Board certifies in writing to the
25

wagering facility the amount to which the wagering
26

facility is entitled and a schedule for payment of the

HB5469
- 18 -
LRB104 18730 LNS 32173 b
1

amount to the wagering facility, based on: (i) the racing
2

dates awarded to the race track affiliated with the
3

wagering facility during the succeeding year; (ii) the
4

sums available or anticipated to be available in the purse
5

account of the race track affiliated with the wagering
6

facility for purses during the succeeding year; and (iii)
7

the need to ensure reasonable purse levels during the
8

payment period. The Board's certification shall be
9

provided no later than January 31 of the succeeding year.
10

In the event a wagering facility entitled to a payment
11

under this paragraph (13) is affiliated with a race track
12

that maintains purse accounts for both standardbred and
13

thoroughbred racing, the amount to be paid to the wagering
14

facility shall be divided between each purse account pro
15

rata, based on the amount of Illinois handle on Illinois
16

standardbred and thoroughbred racing respectively at the
17

wagering facility during the previous calendar year.
18

Annually, the General Assembly shall appropriate
19

sufficient funds from the General Revenue Fund to the
20

Department of Agriculture for payment into the
21

thoroughbred and standardbred horse racing purse accounts
22

at Illinois pari-mutuel tracks. The amount paid to each
23

purse account shall be the amount certified by the
24

Illinois Racing Board in January to be transferred from
25

each account to each eligible racing facility in
26

accordance with the provisions of this Section.
In

HB5469
- 19 -
LRB104 18730 LNS 32173 b
1

addition to the annual appropriation, the General Assembly
2

shall make a one-time appropriation for the 3-year period
3

before the effective date of this amendatory Act of the
4

104th General Assembly for which appropriations were not
5

made.
Beginning in the calendar year in which an
6

organization licensee that is eligible to receive payment
7

under this paragraph (13) begins to receive funds from
8

gaming pursuant to an organization gaming license issued
9

under the Illinois Gambling Act, the amount of the payment
10

due to all wagering facilities licensed under that
11

organization licensee under this paragraph (13) shall be
12

the amount certified by the Board in January of that year.
13

An organization licensee and its related wagering
14

facilities shall no longer be able to receive payments
15

under this paragraph (13) beginning in the year subsequent
16

to the
fifth

first
year in which the organization licensee
17

begins to receive funds from gaming pursuant to an
18

organization gaming license issued under the Illinois
19

Gambling Act.
20

(h) The Board may approve and license the conduct of
21
inter-track wagering and simulcast wagering by inter-track
22
wagering licensees and inter-track wagering location licensees
23
subject to the following terms and conditions:
24

(1) Any person licensed to conduct a race meeting (i)
25

at a track where 60 or more days of racing were conducted
26

during the immediately preceding calendar year or where

HB5469
- 20 -
LRB104 18730 LNS 32173 b
1

over the 5 immediately preceding calendar years an average
2

of 30 or more days of racing were conducted annually may be
3

issued an inter-track wagering license; (ii) at a track
4

located in a county that is bounded by the Mississippi
5

River, which has a population of less than 150,000
6

according to the 1990 decennial census, and an average of
7

at least 60 days of racing per year between 1985 and 1993
8

may be issued an inter-track wagering license; (iii) at a
9

track awarded standardbred racing dates; or (iv) at a
10

track located in Madison County that conducted at least
11

100 days of live racing during the immediately preceding
12

calendar year may be issued an inter-track wagering
13

license, unless a lesser schedule of live racing is the
14

result of (A) weather, unsafe track conditions, or other
15

acts of God; (B) an agreement between the organization
16

licensee and the associations representing the largest
17

number of owners, trainers, jockeys, or standardbred
18

drivers who race horses at that organization licensee's
19

racing meeting; or (C) a finding by the Board of
20

extraordinary circumstances and that it was in the best
21

interest of the public and the sport to conduct fewer than
22

100 days of live racing. Any such person having operating
23

control of the racing facility may receive inter-track
24

wagering location licenses. An eligible race track located
25

in a county that has a population of more than 230,000 and
26

that is bounded by the Mississippi River may establish up

HB5469
- 21 -
LRB104 18730 LNS 32173 b
1

to 9 inter-track wagering locations, an eligible race
2

track located in Stickney Township in Cook County may
3

establish up to 16 inter-track wagering locations, and an
4

eligible race track located in Palatine Township in Cook
5

County may establish up to 18 inter-track wagering
6

locations. An eligible racetrack conducting standardbred
7

racing may have up to 16 inter-track wagering locations.
8

An application for said license shall be filed with the
9

Board prior to such dates as may be fixed by the Board.
10

With an application for an inter-track wagering location
11

license there shall be delivered to the Board a certified
12

check or bank draft payable to the order of the Board for
13

an amount equal to $500. The application shall be on forms
14

prescribed and furnished by the Board. The application
15

shall comply with all other rules, regulations and
16

conditions imposed by the Board in connection therewith.
17

(2) The Board shall examine the applications with
18

respect to their conformity with this Act and the rules
19

and regulations imposed by the Board. If found to be in
20

compliance with the Act and rules and regulations of the
21

Board, the Board may then issue a license to conduct
22

inter-track wagering and simulcast wagering to such
23

applicant. All such applications shall be acted upon by
24

the Board at a meeting to be held on such date as may be
25

fixed by the Board.
26

(3) In granting licenses to conduct inter-track

HB5469
- 22 -
LRB104 18730 LNS 32173 b
1

wagering and simulcast wagering, the Board shall give due
2

consideration to the best interests of the public, of
3

horse racing, and of maximizing revenue to the State.
4

(4) Prior to the issuance of a license to conduct
5

inter-track wagering and simulcast wagering, the applicant
6

shall file with the Board a bond payable to the State of
7

Illinois in the sum of $50,000, executed by the applicant
8

and a surety company or companies authorized to do
9

business in this State, and conditioned upon (i) the
10

payment by the licensee of all taxes due under Section 27
11

or 27.1 and any other monies due and payable under this
12

Act, and (ii) distribution by the licensee, upon
13

presentation of the winning ticket or tickets, of all sums
14

payable to the patrons of pari-mutuel pools.
15

(5) Each license to conduct inter-track wagering and
16

simulcast wagering shall specify the person to whom it is
17

issued, the dates on which such wagering is permitted, and
18

the track or location where the wagering is to be
19

conducted.
20

(6) All wagering under such license is subject to this
21

Act and to the rules and regulations from time to time
22

prescribed by the Board, and every such license issued by
23

the Board shall contain a recital to that effect.
24

(7) An inter-track wagering licensee or inter-track
25

wagering location licensee may accept wagers at the track
26

or location where it is licensed, or as otherwise provided

HB5469
- 23 -
LRB104 18730 LNS 32173 b
1

under this Act.
2

(8) Inter-track wagering or simulcast wagering shall
3

not be conducted at any track less than 4 miles from a
4

track at which a racing meeting is in progress.
5

(8.1) Inter-track wagering location licensees who
6

derive their licenses from a particular organization
7

licensee shall conduct inter-track wagering and simulcast
8

wagering only at locations that are within 160 miles of
9

that race track where the particular organization licensee
10

is licensed to conduct racing. However, inter-track
11

wagering and simulcast wagering shall not be conducted by
12

those licensees at any location within 5 miles of any race
13

track at which a horse race meeting has been licensed in
14

the current year, unless the person having operating
15

control of such race track has given its written consent
16

to such inter-track wagering location licensees, which
17

consent must be filed with the Board at or prior to the
18

time application is made. In the case of any inter-track
19

wagering location licensee initially licensed after
20

December 31, 2013, inter-track wagering and simulcast
21

wagering shall not be conducted by those inter-track
22

wagering location licensees that are located outside the
23

City of Chicago at any location within 8 miles of any race
24

track at which a horse race meeting has been licensed in
25

the current year, unless the person having operating
26

control of such race track has given its written consent

HB5469
- 24 -
LRB104 18730 LNS 32173 b
1

to such inter-track wagering location licensees, which
2

consent must be filed with the Board at or prior to the
3

time application is made.
4

(8.2) Inter-track wagering or simulcast wagering shall
5

not be conducted by an inter-track wagering location
6

licensee at any location within 100 feet of an existing
7

church, an existing elementary or secondary public school,
8

or an existing elementary or secondary private school
9

registered with or recognized by the State Board of
10

Education. The distance of 100 feet shall be measured to
11

the nearest part of any building used for worship
12

services, education programs, or conducting inter-track
13

wagering by an inter-track wagering location licensee, and
14

not to property boundaries. However, inter-track wagering
15

or simulcast wagering may be conducted at a site within
16

100 feet of a church or school if such church or school has
17

been erected or established after the Board issues the
18

original inter-track wagering location license at the site
19

in question. Inter-track wagering location licensees may
20

conduct inter-track wagering and simulcast wagering only
21

in areas that are zoned for commercial or manufacturing
22

purposes or in areas for which a special use has been
23

approved by the local zoning authority. However, no
24

license to conduct inter-track wagering and simulcast
25

wagering shall be granted by the Board with respect to any
26

inter-track wagering location within the jurisdiction of

HB5469
- 25 -
LRB104 18730 LNS 32173 b
1

any local zoning authority which has, by ordinance or by
2

resolution, prohibited the establishment of an inter-track
3

wagering location within its jurisdiction. However,
4

inter-track wagering and simulcast wagering may be
5

conducted at a site if such ordinance or resolution is
6

enacted after the Board licenses the original inter-track
7

wagering location licensee for the site in question.
8

(9) (Blank).
9

(10) An inter-track wagering licensee or an
10

inter-track wagering location licensee may retain, subject
11

to the payment of the privilege taxes and the purses, an
12

amount not to exceed 17% of all money wagered. Each
13

program of racing conducted by each inter-track wagering
14

licensee or inter-track wagering location licensee shall
15

be considered a separate racing day for the purpose of
16

determining the daily handle and computing the privilege
17

tax or pari-mutuel tax on such daily handle as provided in
18

Section 27.
19

(10.1) Except as provided in subsection (g) of Section
20

27 of this Act, inter-track wagering location licensees
21

shall pay 1% of the pari-mutuel handle at each location to
22

the municipality in which such location is situated and 1%
23

of the pari-mutuel handle at each location to the county
24

in which such location is situated. In the event that an
25

inter-track wagering location licensee is situated in an
26

unincorporated area of a county, such licensee shall pay

HB5469
- 26 -
LRB104 18730 LNS 32173 b
1

2% of the pari-mutuel handle from such location to such
2

county. Inter-track wagering location licensees must pay
3

the handle percentage required under this paragraph to the
4

municipality and county no later than the 20th of the
5

month following the month such handle was generated.
6

(10.2) Notwithstanding any other provision of this
7

Act, with respect to inter-track wagering at a race track
8

located in a county that has a population of more than
9

230,000 and that is bounded by the Mississippi River ("the
10

first race track"), or at a facility operated by an
11

inter-track wagering licensee or inter-track wagering
12

location licensee that derives its license from the
13

organization licensee that operates the first race track,
14

on races conducted at the first race track or on races
15

conducted at another Illinois race track and
16

simultaneously televised to the first race track or to a
17

facility operated by an inter-track wagering licensee or
18

inter-track wagering location licensee that derives its
19

license from the organization licensee that operates the
20

first race track, those moneys shall be allocated as
21

follows:
22

(A) That portion of all moneys wagered on
23

standardbred racing that is required under this Act to
24

be paid to purses shall be paid to purses for
25

standardbred races.
26

(B) That portion of all moneys wagered on

HB5469
- 27 -
LRB104 18730 LNS 32173 b
1

thoroughbred racing that is required under this Act to
2

be paid to purses shall be paid to purses for
3

thoroughbred races.
4

(11) (A) After payment of the privilege or pari-mutuel
5

tax, any other applicable taxes, and the costs and
6

expenses in connection with the gathering, transmission,
7

and dissemination of all data necessary to the conduct of
8

inter-track wagering, the remainder of the monies retained
9

under either Section 26 or Section 26.2 of this Act by the
10

inter-track wagering licensee on inter-track wagering
11

shall be allocated with 50% to be split between the 2
12

participating licensees and 50% to purses, except that an
13

inter-track wagering licensee that derives its license
14

from a track located in a county with a population in
15

excess of 230,000 and that borders the Mississippi River
16

shall not divide any remaining retention with the Illinois
17

organization licensee that provides the race or races, and
18

an inter-track wagering licensee that accepts wagers on
19

races conducted by an organization licensee that conducts
20

a race meet in a county with a population in excess of
21

230,000 and that borders the Mississippi River shall not
22

divide any remaining retention with that organization
23

licensee.
24

(B) From the sums permitted to be retained pursuant to
25

this Act each inter-track wagering location licensee shall
26

pay (i) the privilege or pari-mutuel tax to the State;

HB5469
- 28 -
LRB104 18730 LNS 32173 b
1

(ii) 4.75% of the pari-mutuel handle on inter-track
2

wagering at such location on races as purses, except that
3

an inter-track wagering location licensee that derives its
4

license from a track located in a county with a population
5

in excess of 230,000 and that borders the Mississippi
6

River shall retain all purse moneys for its own purse
7

account consistent with distribution set forth in this
8

subsection (h), and inter-track wagering location
9

licensees that accept wagers on races conducted by an
10

organization licensee located in a county with a
11

population in excess of 230,000 and that borders the
12

Mississippi River shall distribute all purse moneys to
13

purses at the operating host track; (iii) until January 1,
14

2000, except as provided in subsection (g) of Section 27
15

of this Act, 1% of the pari-mutuel handle wagered on
16

inter-track wagering and simulcast wagering at each
17

inter-track wagering location licensee facility to the
18

Horse Racing Tax Allocation Fund, provided that, to the
19

extent the total amount collected and distributed to the
20

Horse Racing Tax Allocation Fund under this subsection (h)
21

during any calendar year exceeds the amount collected and
22

distributed to the Horse Racing Tax Allocation Fund during
23

calendar year 1994, that excess amount shall be
24

redistributed (I) to all inter-track wagering location
25

licensees, based on each licensee's pro rata share of the
26

total handle from inter-track wagering and simulcast

HB5469
- 29 -
LRB104 18730 LNS 32173 b
1

wagering for all inter-track wagering location licensees
2

during the calendar year in which this provision is
3

applicable; then (II) the amounts redistributed to each
4

inter-track wagering location licensee as described in
5

subpart (I) shall be further redistributed as provided in
6

subparagraph (B) of paragraph (5) of subsection (g) of
7

this Section 26 provided first, that the shares of those
8

amounts, which are to be redistributed to the host track
9

or to purses at the host track under subparagraph (B) of
10

paragraph (5) of subsection (g) of this Section 26 shall
11

be redistributed based on each host track's pro rata share
12

of the total inter-track wagering and simulcast wagering
13

handle at all host tracks during the calendar year in
14

question, and second, that any amounts redistributed as
15

described in part (I) to an inter-track wagering location
16

licensee that accepts wagers on races conducted by an
17

organization licensee that conducts a race meet in a
18

county with a population in excess of 230,000 and that
19

borders the Mississippi River shall be further
20

redistributed, effective January 1, 2017, as provided in
21

paragraph (7) of subsection (g) of this Section 26, with
22

the portion of that further redistribution allocated to
23

purses at that organization licensee to be divided between
24

standardbred purses and thoroughbred purses based on the
25

amounts otherwise allocated to purses at that organization
26

licensee during the calendar year in question; and (iv) 8%

HB5469
- 30 -
LRB104 18730 LNS 32173 b
1

of the pari-mutuel handle on inter-track wagering wagered
2

at such location to satisfy all costs and expenses of
3

conducting its wagering. The remainder of the monies
4

retained by the inter-track wagering location licensee
5

shall be allocated 40% to the location licensee and 60% to
6

the organization licensee which provides the Illinois
7

races to the location, except that an inter-track wagering
8

location licensee that derives its license from a track
9

located in a county with a population in excess of 230,000
10

and that borders the Mississippi River shall not divide
11

any remaining retention with the organization licensee
12

that provides the race or races and an inter-track
13

wagering location licensee that accepts wagers on races
14

conducted by an organization licensee that conducts a race
15

meet in a county with a population in excess of 230,000 and
16

that borders the Mississippi River shall not divide any
17

remaining retention with the organization licensee.
18

Notwithstanding the provisions of clauses (ii) and (iv) of
19

this paragraph, in the case of the additional inter-track
20

wagering location licenses authorized under paragraph (1)
21

of this subsection (h) by Public Act 87-110, those
22

licensees shall pay the following amounts as purses:
23

during the first 12 months the licensee is in operation,
24

5.25% of the pari-mutuel handle wagered at the location on
25

races; during the second 12 months, 5.25%; during the
26

third 12 months, 5.75%; during the fourth 12 months,

HB5469
- 31 -
LRB104 18730 LNS 32173 b
1

6.25%; and during the fifth 12 months and thereafter,
2

6.75%. The following amounts shall be retained by the
3

licensee to satisfy all costs and expenses of conducting
4

its wagering: during the first 12 months the licensee is
5

in operation, 8.25% of the pari-mutuel handle wagered at
6

the location; during the second 12 months, 8.25%; during
7

the third 12 months, 7.75%; during the fourth 12 months,
8

7.25%; and during the fifth 12 months and thereafter,
9

6.75%. For additional inter-track wagering location
10

licensees authorized under Public Act 89-16, purses for
11

the first 12 months the licensee is in operation shall be
12

5.75% of the pari-mutuel wagered at the location, purses
13

for the second 12 months the licensee is in operation
14

shall be 6.25%, and purses thereafter shall be 6.75%. For
15

additional inter-track location licensees authorized under
16

Public Act 89-16, the licensee shall be allowed to retain
17

to satisfy all costs and expenses: 7.75% of the
18

pari-mutuel handle wagered at the location during its
19

first 12 months of operation, 7.25% during its second 12
20

months of operation, and 6.75% thereafter.
21

(C) There is hereby created the Horse Racing Tax
22

Allocation Fund which shall remain in existence until
23

December 31, 1999. Moneys remaining in the Fund after
24

December 31, 1999 shall be paid into the General Revenue
25

Fund. Until January 1, 2000, all monies paid into the
26

Horse Racing Tax Allocation Fund pursuant to this

HB5469
- 32 -
LRB104 18730 LNS 32173 b
1

paragraph (11) by inter-track wagering location licensees
2

located in park districts of 500,000 population or less,
3

or in a municipality that is not included within any park
4

district but is included within a conservation district
5

and is the county seat of a county that (i) is contiguous
6

to the state of Indiana and (ii) has a 1990 population of
7

88,257 according to the United States Bureau of the
8

Census, and operating on May 1, 1994 shall be allocated by
9

appropriation as follows:
10

Two-sevenths to the Department of Agriculture.
11

Fifty percent of this two-sevenths shall be used to
12

promote the Illinois horse racing and breeding
13

industry, and shall be distributed by the Department
14

of Agriculture upon the advice of a 9-member committee
15

appointed by the Governor consisting of the following
16

members: the Director of Agriculture, who shall serve
17

as chairman; 2 representatives of organization
18

licensees conducting thoroughbred race meetings in
19

this State, recommended by those licensees; 2
20

representatives of organization licensees conducting
21

standardbred race meetings in this State, recommended
22

by those licensees; a representative of the Illinois
23

Thoroughbred Breeders and Owners Foundation,
24

recommended by that Foundation; a representative of
25

the Illinois Standardbred Owners and Breeders
26

Association, recommended by that Association; a

HB5469
- 33 -
LRB104 18730 LNS 32173 b
1

representative of the Horsemen's Benevolent and
2

Protective Association or any successor organization
3

thereto established in Illinois comprised of the
4

largest number of owners and trainers, recommended by
5

that Association or that successor organization; and a
6

representative of the Illinois Harness Horsemen's
7

Association, recommended by that Association.
8

Committee members shall serve for terms of 2 years,
9

commencing January 1 of each even-numbered year. If a
10

representative of any of the above-named entities has
11

not been recommended by January 1 of any even-numbered
12

year, the Governor shall appoint a committee member to
13

fill that position. Committee members shall receive no
14

compensation for their services as members but shall
15

be reimbursed for all actual and necessary expenses
16

and disbursements incurred in the performance of their
17

official duties. The remaining 50% of this
18

two-sevenths shall be distributed to county fairs for
19

premiums and rehabilitation as set forth in the
20

Agricultural Fair Act;
21

Four-sevenths to park districts or municipalities
22

that do not have a park district of 500,000 population
23

or less for museum purposes (if an inter-track
24

wagering location licensee is located in such a park
25

district) or to conservation districts for museum
26

purposes (if an inter-track wagering location licensee

HB5469
- 34 -
LRB104 18730 LNS 32173 b
1

is located in a municipality that is not included
2

within any park district but is included within a
3

conservation district and is the county seat of a
4

county that (i) is contiguous to the state of Indiana
5

and (ii) has a 1990 population of 88,257 according to
6

the United States Bureau of the Census, except that if
7

the conservation district does not maintain a museum,
8

the monies shall be allocated equally between the
9

county and the municipality in which the inter-track
10

wagering location licensee is located for general
11

purposes) or to a municipal recreation board for park
12

purposes (if an inter-track wagering location licensee
13

is located in a municipality that is not included
14

within any park district and park maintenance is the
15

function of the municipal recreation board and the
16

municipality has a 1990 population of 9,302 according
17

to the United States Bureau of the Census); provided
18

that the monies are distributed to each park district
19

or conservation district or municipality that does not
20

have a park district in an amount equal to
21

four-sevenths of the amount collected by each
22

inter-track wagering location licensee within the park
23

district or conservation district or municipality for
24

the Fund. Monies that were paid into the Horse Racing
25

Tax Allocation Fund before August 9, 1991 (the
26

effective date of Public Act 87-110) by an inter-track

HB5469
- 35 -
LRB104 18730 LNS 32173 b
1

wagering location licensee located in a municipality
2

that is not included within any park district but is
3

included within a conservation district as provided in
4

this paragraph shall, as soon as practicable after
5

August 9, 1991 (the effective date of Public Act
6

87-110), be allocated and paid to that conservation
7

district as provided in this paragraph. Any park
8

district or municipality not maintaining a museum may
9

deposit the monies in the corporate fund of the park
10

district or municipality where the inter-track
11

wagering location is located, to be used for general
12

purposes; and
13

One-seventh to the Agricultural Premium Fund to be
14

used for distribution to agricultural home economics
15

extension councils in accordance with "An Act in
16

relation to additional support and finances for the
17

Agricultural and Home Economic Extension Councils in
18

the several counties of this State and making an
19

appropriation therefor", approved July 24, 1967.
20

Until January 1, 2000, all other monies paid into the
21

Horse Racing Tax Allocation Fund pursuant to this
22

paragraph (11) shall be allocated by appropriation as
23

follows:
24

Two-sevenths to the Department of Agriculture.
25

Fifty percent of this two-sevenths shall be used to
26

promote the Illinois horse racing and breeding

HB5469
- 36 -
LRB104 18730 LNS 32173 b
1

industry, and shall be distributed by the Department
2

of Agriculture upon the advice of a 9-member committee
3

appointed by the Governor consisting of the following
4

members: the Director of Agriculture, who shall serve
5

as chairman; 2 representatives of organization
6

licensees conducting thoroughbred race meetings in
7

this State, recommended by those licensees; 2
8

representatives of organization licensees conducting
9

standardbred race meetings in this State, recommended
10

by those licensees; a representative of the Illinois
11

Thoroughbred Breeders and Owners Foundation,
12

recommended by that Foundation; a representative of
13

the Illinois Standardbred Owners and Breeders
14

Association, recommended by that Association; a
15

representative of the Horsemen's Benevolent and
16

Protective Association or any successor organization
17

thereto established in Illinois comprised of the
18

largest number of owners and trainers, recommended by
19

that Association or that successor organization; and a
20

representative of the Illinois Harness Horsemen's
21

Association, recommended by that Association.
22

Committee members shall serve for terms of 2 years,
23

commencing January 1 of each even-numbered year. If a
24

representative of any of the above-named entities has
25

not been recommended by January 1 of any even-numbered
26

year, the Governor shall appoint a committee member to

HB5469
- 37 -
LRB104 18730 LNS 32173 b
1

fill that position. Committee members shall receive no
2

compensation for their services as members but shall
3

be reimbursed for all actual and necessary expenses
4

and disbursements incurred in the performance of their
5

official duties. The remaining 50% of this
6

two-sevenths shall be distributed to county fairs for
7

premiums and rehabilitation as set forth in the
8

Agricultural Fair Act;
9

Four-sevenths to museums and aquariums located in
10

park districts of over 500,000 population; provided
11

that the monies are distributed in accordance with the
12

previous year's distribution of the maintenance tax
13

for such museums and aquariums as provided in Section
14

2 of the Park District Aquarium and Museum Act; and
15

One-seventh to the Agricultural Premium Fund to be
16

used for distribution to agricultural home economics
17

extension councils in accordance with "An Act in
18

relation to additional support and finances for the
19

Agricultural and Home Economic Extension Councils in
20

the several counties of this State and making an
21

appropriation therefor", approved July 24, 1967. This
22

subparagraph (C) shall be inoperative and of no force
23

and effect on and after January 1, 2000.
24

(D) Except as provided in paragraph (11) of this
25

subsection (h), with respect to purse allocation from
26

inter-track wagering, the monies so retained shall be

HB5469
- 38 -
LRB104 18730 LNS 32173 b
1

divided as follows:
2

(i) If the inter-track wagering licensee,
3

except an inter-track wagering licensee that
4

derives its license from an organization licensee
5

located in a county with a population in excess of
6

230,000 and bounded by the Mississippi River, is
7

not conducting its own race meeting during the
8

same dates, then the entire purse allocation shall
9

be to purses at the track where the races wagered
10

on are being conducted.
11

(ii) If the inter-track wagering licensee,
12

except an inter-track 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

also conducting its own race meeting during the
17

same dates, then the purse allocation shall be as
18

follows: 50% to purses at the track where the
19

races wagered on are being conducted; 50% to
20

purses at the track where the inter-track wagering
21

licensee is accepting such wagers.
22

(iii) If the inter-track wagering is being
23

conducted by an inter-track wagering location
24

licensee, except an inter-track wagering location
25

licensee that derives its license from an
26

organization licensee located in a county with a

HB5469
- 39 -
LRB104 18730 LNS 32173 b
1

population in excess of 230,000 and bounded by the
2

Mississippi River, the entire purse allocation for
3

Illinois races shall be to purses at the track
4

where the race meeting being wagered on is being
5

held.
6

(12) The Board shall have all powers necessary and
7

proper to fully supervise and control the conduct of
8

inter-track wagering and simulcast wagering by inter-track
9

wagering licensees and inter-track wagering location
10

licensees, including, but not limited to, the following:
11

(A) The Board is vested with power to promulgate
12

reasonable rules and regulations for the purpose of
13

administering the conduct of this wagering and to
14

prescribe reasonable rules, regulations and conditions
15

under which such wagering shall be held and conducted.
16

Such rules and regulations are to provide for the
17

prevention of practices detrimental to the public
18

interest and for the best interests of said wagering
19

and to impose penalties for violations thereof.
20

(B) The Board, and any person or persons to whom it
21

delegates this power, is vested with the power to
22

enter the facilities of any licensee to determine
23

whether there has been compliance with the provisions
24

of this Act and the rules and regulations relating to
25

the conduct of such wagering.
26

(C) The Board, and any person or persons to whom it

HB5469
- 40 -
LRB104 18730 LNS 32173 b
1

delegates this power, may eject or exclude from any
2

licensee's facilities, any person whose conduct or
3

reputation is such that his presence on such premises
4

may, in the opinion of the Board, call into the
5

question the honesty and integrity of, or interfere
6

with the orderly conduct of such wagering; provided,
7

however, that no person shall be excluded or ejected
8

from such premises solely on the grounds of race,
9

color, creed, national origin, ancestry, or sex.
10

(D) (Blank).
11

(E) The Board is vested with the power to appoint
12

delegates to execute any of the powers granted to it
13

under this Section for the purpose of administering
14

this wagering and any rules and regulations
15

promulgated in accordance with this Act.
16

(F) The Board shall name and appoint a State
17

director of this wagering who shall be a
18

representative of the Board and whose duty it shall be
19

to supervise the conduct of inter-track wagering as
20

may be provided for by the rules and regulations of the
21

Board; such rules and regulation shall specify the
22

method of appointment and the Director's powers,
23

authority and duties. The Board may appoint the
24

Director of Mutuels to also serve as the State
25

director of this wagering.
26

(G) The Board is vested with the power to impose

HB5469
- 41 -
LRB104 18730 LNS 32173 b
1

civil penalties of up to $5,000 against individuals
2

and up to $10,000 against licensees for each violation
3

of any provision of this Act relating to the conduct of
4

this wagering, any rules adopted by the Board, any
5

order of the Board or any other action which in the
6

Board's discretion, is a detriment or impediment to
7

such wagering.
8

(13) The Department of Agriculture may enter into
9

agreements with licensees authorizing such licensees to
10

conduct inter-track wagering on races to be held at the
11

licensed race meetings conducted by the Department of
12

Agriculture. Such agreement shall specify the races of the
13

Department of Agriculture's licensed race meeting upon
14

which the licensees will conduct wagering. In the event
15

that a licensee conducts inter-track pari-mutuel wagering
16

on races from the Illinois State Fair or DuQuoin State
17

Fair which are in addition to the licensee's previously
18

approved racing program, those races shall be considered a
19

separate racing day for the purpose of determining the
20

daily handle and computing the privilege or pari-mutuel
21

tax on that daily handle as provided in Sections 27 and
22

27.1. Such agreements shall be approved by the Board
23

before such wagering may be conducted. In determining
24

whether to grant approval, the Board shall give due
25

consideration to the best interests of the public and of
26

horse racing. The provisions of paragraphs (1), (8),

HB5469
- 42 -
LRB104 18730 LNS 32173 b
1

(8.1), and (8.2) of subsection (h) of this Section which
2

are not specified in this paragraph (13) shall not apply
3

to licensed race meetings conducted by the Department of
4

Agriculture at the Illinois State Fair in Sangamon County
5

or the DuQuoin State Fair in Perry County, or to any
6

wagering conducted on those race meetings.
7

(14) An inter-track wagering location license
8

authorized by the Board in 2016 that is owned and operated
9

by a race track in Rock Island County shall be transferred
10

to a commonly owned race track in Cook County on August 12,
11

2016 (the effective date of Public Act 99-757). The
12

licensee shall retain its status in relation to purse
13

distribution under paragraph (11) of this subsection (h)
14

following the transfer to the new entity. The pari-mutuel
15

tax credit under Section 32.1 shall not be applied toward
16

any pari-mutuel tax obligation of the inter-track wagering
17

location licensee of the license that is transferred under
18

this paragraph (14).
19

(i) Notwithstanding the other provisions of this Act, the
20
conduct of wagering at wagering facilities is authorized on
21
all days, except as limited by subsection (b) of Section 19 of
22
this Act.
23
(Source: P.A. 104-185, eff. 8-15-25.)

24

(230 ILCS 5/31.1)

(from Ch. 8, par. 37-31.1)
25

Sec. 31.1.
(a) Unless subsection (a-5) applies,

HB5469
- 43 -
LRB104 18730 LNS 32173 b
1
organization
licensee's racetracks, except racetracks owned by
2
the State,

licensees
collectively shall contribute annually to
3
charity the sum of $750,000 to non-profit organizations that
4
provide medical and family, counseling, and similar services
5
to persons who reside or work on the backstretch of Illinois
6
racetracks. Unless subsection (a-5) applies, these
7
contributions shall be collected as follows: (i) no later than
8
October 1

July 1st
of each year
the contributions due shall be
9
assessed equally by
the Board
for each racetrack, except
10
racetracks owned by the State, at which an organization
11
license or organization gaming license is awarded for the
12
subsequent year;

shall assess each organization licensee,
13
except those tracks located in Madison County, which tracks
14
shall pay $30,000 annually apiece into the Board charity fund,
15
that amount which equals $690,000 multiplied by the amount of
16
pari-mutuel wagering handled by the organization licensee in
17
the year preceding assessment and divided by the total
18
pari-mutuel wagering handled by all Illinois organization
19
licensees, except those tracks located in Madison and Rock
20
Island counties, in the year preceding assessment;
(ii) notice
21
of the assessed contribution shall be mailed to each
22
organization licensee; (iii) within thirty days of its receipt
23
of such notice, each organization licensee shall remit the
24
assessed contribution to the Board. Unless subsection (a-5)
25
applies, if an organization licensee commences operation of
26
gaming at its facility pursuant to an organization gaming

HB5469
- 44 -
LRB104 18730 LNS 32173 b
1
license under the Illinois Gambling Act, then the organization
2
licensee shall contribute an additional $83,000 per year
3
beginning in the year subsequent to the first year in which the
4
organization licensee begins receiving funds from gaming
5
pursuant to an organization gaming license. If an organization
6
licensee wilfully fails to so remit the contribution, the
7
Board may revoke its license to conduct horse racing.
8

(a-5) If (1) an organization licensee that did not operate
9
live racing in 2017 is awarded racing dates in 2018 or in any
10
subsequent year and (2) all organization licensees are
11
operating gaming pursuant to an organization gaming license
12
under the Illinois Gambling Act, then subsection (a) does not
13
apply and organization licensees collectively shall contribute
14
annually to charity the sum of $1,000,000 to non-profit
15
organizations that provide medical and family, counseling, and
16
similar services to persons who reside or work on the
17
backstretch of Illinois racetracks. These contributions shall
18
be collected as follows: (i) no later than
October 1

July 1st

19
of each year
the contributions due shall be assessed equally
20
by
the Board
for each racetrack, except racetracks owned by
21
the State, at which an organization license or organization
22
gaming license is awarded for the subsequent year;

shall
23
assess each organization licensee an amount based on the
24
proportionate amount of live racing days in the calendar year
25
for which the Board has awarded to the organization licensee
26
out of the total aggregate number of live racing days awarded;

HB5469
- 45 -
LRB104 18730 LNS 32173 b
1
(ii) notice of the assessed contribution shall be mailed to
2
each organization licensee; (iii) within 30 days after its
3
receipt of such notice, each organization licensee shall remit
4
the assessed contribution to the Board. If an organization
5
licensee willfully fails to so remit the contribution, the
6
Board may revoke its license to conduct horse racing.
7

(b) No later than October 1st of each year, any qualified
8
charitable organization seeking an allotment of contributed
9
funds shall submit to the Board an application for those
10
funds, using the Board's approved form. The Board shall
11
distribute all such amounts collected that year to such
12
charitable organization applicants on a schedule determined by
13
the Board, based on the charitable organization's estimated
14
expenditures related to this grant. Any funds not expended by
15
the grantee in a grant year shall be distributed to the
16
charitable organization or charitable organizations selected
17
in the next grant year after the funds are recovered in
18
addition to the amounts specified in subsections (a) and
19
(a-5).
20
(Source: P.A. 104-185, eff. 8-15-25.)

21

(230 ILCS 5/32.1)
22

Sec. 32.1.
Pari-mutuel tax credit; statewide racetrack
23
real estate equalization.
24

(a) In order to encourage new investment in Illinois
25
racetrack facilities and mitigate differing real estate tax

HB5469
- 46 -
LRB104 18730 LNS 32173 b
1
burdens among all racetracks, the licensees affiliated or
2
associated with each racetrack that has been awarded live
3
racing dates in the current year shall receive an immediate
4
pari-mutuel tax credit in an amount equal to the greater of (i)
5
50% of the amount of the real estate taxes paid in the prior
6
year attributable to that racetrack, or (ii) the amount by
7
which the real estate taxes paid in the prior year
8
attributable to that racetrack exceeds 60% of the average real
9
estate taxes paid in the prior year for all racetracks awarded
10
live horse racing meets in the current year.
11

Each year, regardless of whether the organization licensee
12
conducted live racing in the year of certification, the Board
13
shall certify in writing, prior to December 31, the real
14
estate taxes paid in that year for each racetrack and the
15
amount of the pari-mutuel tax credit that each organization
16
licensee, inter-track wagering licensee, and inter-track
17
wagering location licensee that derives its license from such
18
racetrack is entitled in the succeeding calendar year. The
19
real estate taxes considered under this Section for any
20
racetrack shall be those taxes on the real estate parcels and
21
related facilities used to conduct a horse race meeting and
22
inter-track wagering at such racetrack under this Act. In no
23
event shall the amount of the tax credit under this Section
24
exceed the amount of pari-mutuel taxes otherwise calculated
25
under this Act. The amount of the tax credit under this Section
26
shall be retained by each licensee and shall not be subject to

HB5469
- 47 -
LRB104 18730 LNS 32173 b
1
any reallocation or further distribution under this Act. The
2
Board may promulgate emergency rules to implement this
3
Section.
4

(b) If the organization licensee is operating gaming
5
pursuant to an organization gaming license issued under the
6
Illinois Gambling Act, except the organization licensee
7
described in Section 19.5, then, for the
10-year

5-year
period
8
beginning on the January 1 of the calendar year immediately
9
following the calendar year during which an organization
10
licensee begins conducting gaming operations pursuant to an
11
organization gaming license issued under the Illinois Gambling
12
Act, the organization licensee shall make capital
13
expenditures, in an amount equal to no less than 50% of the tax
14
credit under this Section, to the improvement and maintenance
15
of the backstretch, including, but not limited to, backstretch
16
barns, dormitories, and services for backstretch workers.
17
Those capital expenditures must be in addition to, and not in
18
lieu of, the capital expenditures made for backstretch
19
improvements in calendar year 2015, as reported to the Board
20
in the organization licensee's application for racing dates
21
and as certified by the Board. The organization licensee is
22
required to annually submit the list and amounts of these
23
capital expenditures to the Board by January 30th of the year
24
following the expenditure.
25

(c) If the organization licensee is conducting gaming in
26
accordance with paragraph (b), then, after the
10-year

5-year

HB5469
- 48 -
LRB104 18730 LNS 32173 b
1
period beginning on January 1 of the calendar year immediately
2
following the calendar year during which an organization
3
licensee begins conducting gaming operations pursuant to an
4
organization gaming license issued under the Illinois Gambling
5
Act, the organization license is ineligible to receive a tax
6
credit under this Section.
7
(Source: P.A. 100-201, eff. 8-18-17; 101-31, eff. 6-28-19.)

8

Section 10.
The Illinois Gambling Act is amended by
9
changing Section 7.7 as follows:

10

(230 ILCS 10/7.7)
11

Sec. 7.7.
Organization gaming licenses.
12

(a) The Illinois Gaming Board shall award one organization
13
gaming license to each person or entity having operating
14
control of a racetrack that applies under Section 56 of the
15
Illinois Horse Racing Act of 1975, subject to the application
16
and eligibility requirements of this Section. Within 60 days
17
after the effective date of this amendatory Act of the 101st
18
General Assembly, a person or entity having operating control
19
of a racetrack may submit an application for an organization
20
gaming license. The application shall be made on such forms as
21
provided by the Board and shall contain such information as
22
the Board prescribes, including, but not limited to, the
23
identity of any racetrack at which gaming will be conducted
24
pursuant to an organization gaming license, detailed

HB5469
- 49 -
LRB104 18730 LNS 32173 b
1
information regarding the ownership and management of the
2
applicant, and detailed personal information regarding the
3
applicant. The application shall specify the number of gaming
4
positions the applicant intends to use and the place where the
5
organization gaming facility will operate. A person who
6
knowingly makes a false statement on an application is guilty
7
of a Class A misdemeanor.
8

Each applicant shall disclose the identity of every person
9
or entity having a direct or indirect pecuniary interest
10
greater than 1% in any racetrack with respect to which the
11
license is sought. If the disclosed entity is a corporation,
12
the applicant shall disclose the names and addresses of all
13
officers, stockholders, and directors. If the disclosed entity
14
is a limited liability company, the applicant shall disclose
15
the names and addresses of all members and managers. If the
16
disclosed entity is a partnership, the applicant shall
17
disclose the names and addresses of all partners, both general
18
and limited. If the disclosed entity is a trust, the applicant
19
shall disclose the names and addresses of all beneficiaries.
20

An application shall be filed and considered in accordance
21
with the rules of the Board. Each application for an
22
organization gaming license shall include a nonrefundable
23
application fee of $250,000. In addition, a nonrefundable fee
24
of $50,000 shall be paid at the time of filing to defray the
25
costs associated with background investigations conducted by
26
the Board. If the costs of the background investigation exceed

HB5469
- 50 -
LRB104 18730 LNS 32173 b
1
$50,000, the applicant shall pay the additional amount to the
2
Board within 7 days after a request by the Board. If the costs
3
of the investigation are less than $50,000, the applicant
4
shall receive a refund of the remaining amount. All
5
information, records, interviews, reports, statements,
6
memoranda, or other data supplied to or used by the Board in
7
the course of this review or investigation of an applicant for
8
an organization gaming license under this Act shall be
9
privileged and strictly confidential and shall be used only
10
for the purpose of evaluating an applicant for an organization
11
gaming license or a renewal. Such information, records,
12
interviews, reports, statements, memoranda, or other data
13
shall not be admissible as evidence nor discoverable in any
14
action of any kind in any court or before any tribunal, board,
15
agency or person, except for any action deemed necessary by
16
the Board. The application fee shall be deposited into the
17
State Gaming Fund.
18

Any applicant or key person, including the applicant's
19
owners, officers, directors (if a corporation), managers and
20
members (if a limited liability company), and partners (if a
21
partnership), for an organization gaming license shall submit
22
with his or her application, on forms provided by the Board, 2
23
sets of fingerprints. The board shall charge each applicant a
24
fee set by the Illinois State Police to defray the costs
25
associated with the search and classification of fingerprints
26
obtained by the Board with respect to the applicant's

HB5469
- 51 -
LRB104 18730 LNS 32173 b
1
application. The fees shall be deposited into the State Police
2
Services Fund.
3

(b) The Board shall determine within 120 days after
4
receiving an application for an organization gaming license
5
whether to grant an organization gaming license to the
6
applicant. If the Board does not make a determination within
7
that time period, then the Board shall give a written
8
explanation to the applicant as to why it has not reached a
9
determination and when it reasonably expects to make a
10
determination.
11

The organization gaming licensee shall purchase up to the
12
amount of gaming positions authorized under this Act within
13
120 days after receiving its organization gaming license. If
14
an organization gaming licensee is prepared to purchase the
15
gaming positions, but is temporarily prohibited from doing so
16
by order of a court of competent jurisdiction or the Board,
17
then the 120-day period is tolled until a resolution is
18
reached.
19

An organization gaming license shall authorize its holder
20
to conduct gaming under this Act at its racetracks on the same
21
days of the year and hours of the day that owners licenses are
22
allowed to operate under approval of the Board.
23

An organization gaming license and any renewal of an
24
organization gaming license shall authorize gaming pursuant to
25
this Section for a period of 4 years. The fee for the issuance
26
or renewal of an organization gaming license shall be

HB5469
- 52 -
LRB104 18730 LNS 32173 b
1
$250,000.
2

All payments by licensees under this subsection (b) shall
3
be deposited into the Rebuild Illinois Projects Fund.
4

(c) To be eligible to conduct gaming under this Section, a
5
person or entity having operating control of a racetrack must
6
(i) obtain an organization gaming license, (ii) hold an
7
organization license under the Illinois Horse Racing Act of
8
1975, (iii) hold an inter-track wagering license, (iv) pay an
9
initial fee of
$17,500

$30,000
per gaming position from
10
organization gaming licensees where gaming is conducted in
11
Cook County and, except as provided in subsection (c-5),
12
$17,500 for organization gaming licensees where gaming is
13
conducted outside of Cook County before beginning to conduct
14
gaming plus make the reconciliation payment required under
15
subsection (k), (v) conduct live racing in accordance with
16
subsections (e-1), (e-2), and (e-3) of Section 20 of the
17
Illinois Horse Racing Act of 1975, (vi) meet the requirements
18
of subsection (a) of Section 56 of the Illinois Horse Racing
19
Act of 1975, (vii) for organization licensees conducting
20
standardbred race meetings, keep backstretch barns and
21
dormitories open and operational year-round unless a lesser
22
schedule is mutually agreed to by the organization licensee
23
and the horsemen association racing at that organization
24
licensee's race meeting, (viii) for organization licensees
25
conducting thoroughbred race meetings, the organization
26
licensee must maintain accident medical expense liability

HB5469
- 53 -
LRB104 18730 LNS 32173 b
1
insurance coverage of $1,000,000 for jockeys, and (ix) meet
2
all other requirements of this Act that apply to owners
3
licensees.
4

An organization gaming licensee may enter into a joint
5
venture with a licensed owner to own, manage, conduct, or
6
otherwise operate the organization gaming licensee's
7
organization gaming facilities, unless the organization gaming
8
licensee has a parent company or other affiliated company that
9
is, directly or indirectly, wholly owned by a parent company
10
that is also licensed to conduct organization gaming, casino
11
gaming, or their equivalent in another state.
12

All payments by licensees under this subsection (c) shall
13
be deposited into the Rebuild Illinois Projects Fund.
14

(c-5) A person or entity having operating control of a
15
racetrack located in Madison County shall only pay the initial
16
fees specified in subsection (c) for 540 of the gaming
17
positions authorized under the license.
A person or entity
18
having operating control of a racetrack located in Cook County
19
shall only pay the initial fees specified in subsection (c)
20
for 720 of the gaming positions authorized under the license.

21

(d) A person or entity is ineligible to receive an
22
organization gaming license if:
23

(1) the person or entity has been convicted of a
24

felony under the laws of this State, any other state, or
25

the United States, including a conviction under the
26

Racketeer Influenced and Corrupt Organizations Act;

HB5469
- 54 -
LRB104 18730 LNS 32173 b
1

(2) the person or entity has been convicted of any
2

violation of Article 28 of the Criminal Code of 2012, or
3

substantially similar laws of any other jurisdiction;
4

(3) the person or entity has submitted an application
5

for a license under this Act that contains false
6

information;
7

(4) the person is a member of the Board;
8

(5) a person defined in (1), (2), (3), or (4) of this
9

subsection (d) is an officer, director, or managerial
10

employee of the entity;
11

(6) the person or entity employs a person defined in
12

(1), (2), (3), or (4) of this subsection (d) who
13

participates in the management or operation of gambling
14

operations authorized under this Act; or
15

(7) a license of the person or entity issued under
16

this Act or a license to own or operate gambling
17

facilities in any other jurisdiction has been revoked.
18

(e) The Board may approve gaming positions pursuant to an
19
organization gaming license statewide as provided in this
20
Section. The authority to operate gaming positions under this
21
Section shall be allocated as follows: up to 1,200 gaming
22
positions for any organization gaming licensee in Cook County
23
and up to 900 gaming positions for any organization gaming
24
licensee outside of Cook County.
25

(f) Each applicant for an organization gaming license
26
shall specify in its application for licensure the number of

HB5469
- 55 -
LRB104 18730 LNS 32173 b
1
gaming positions it will operate, up to the applicable
2
limitation set forth in subsection (e) of this Section. Any
3
unreserved gaming positions that are not specified shall be
4
forfeited and retained by the Board. For the purposes of this
5
subsection (f), an organization gaming licensee that did not
6
conduct live racing in 2010 and is located within 3 miles of
7
the Mississippi River may reserve up to 900 positions and
8
shall not be penalized under this Section for not operating
9
those positions until it meets the requirements of subsection
10
(e) of this Section, but such licensee shall not request
11
unreserved gaming positions under this subsection (f) until
12
its 900 positions are all operational.
13

Thereafter, the Board shall publish the number of
14
unreserved gaming positions and shall accept requests for
15
additional positions from any organization gaming licensee
16
that initially reserved all of the positions that were
17
offered. The Board shall allocate expeditiously the unreserved
18
gaming positions to requesting organization gaming licensees
19
in a manner that maximizes revenue to the State. The Board may
20
allocate any such unused gaming positions pursuant to an open
21
and competitive bidding process, as provided under Section 7.5
22
of this Act. This process shall continue until all unreserved
23
gaming positions have been purchased. All positions obtained
24
pursuant to this process and all positions the organization
25
gaming licensee specified it would operate in its application
26
must be in operation within 18 months after they were obtained

HB5469
- 56 -
LRB104 18730 LNS 32173 b
1
or the organization gaming licensee forfeits the right to
2
operate those positions, but is not entitled to a refund of any
3
fees paid. The Board may, after holding a public hearing,
4
grant extensions so long as the organization gaming licensee
5
is working in good faith to make the positions operational.
6
The extension may be for a period of 6 months. If, after the
7
period of the extension, the organization gaming licensee has
8
not made the positions operational, then another public
9
hearing must be held by the Board before it may grant another
10
extension.
11

Unreserved gaming positions retained from and allocated to
12
organization gaming licensees by the Board pursuant to this
13
subsection (f) shall not be allocated to owners licensees
14
under this Act.
15

For the purpose of this subsection (f), the unreserved
16
gaming positions for each organization gaming licensee shall
17
be the applicable limitation set forth in subsection (e) of
18
this Section, less the number of reserved gaming positions by
19
such organization gaming licensee, and the total unreserved
20
gaming positions shall be the aggregate of the unreserved
21
gaming positions for all organization gaming licensees.
22

(g) An organization gaming licensee is authorized to
23
conduct the following at a racetrack:
24

(1) slot machine gambling;
25

(2) video game of chance gambling;
26

(3) gambling with electronic gambling games as defined

HB5469
- 57 -
LRB104 18730 LNS 32173 b
1

in this Act or defined by the Illinois Gaming Board; and
2

(4) table games.
3

(h) Subject to the approval of the Illinois Gaming Board,
4
an organization gaming licensee may make modification or
5
additions to any existing buildings and structures to comply
6
with the requirements of this Act. The Illinois Gaming Board
7
shall make its decision after consulting with the Illinois
8
Racing Board. In no case, however, shall the Illinois Gaming
9
Board approve any modification or addition that alters the
10
grounds of the organization licensee such that the act of live
11
racing is an ancillary activity to gaming authorized under
12
this Section. Gaming authorized under this Section may take
13
place in existing structures where inter-track wagering is
14
conducted at the racetrack or a facility within 300 yards of
15
the racetrack in accordance with the provisions of this Act
16
and the Illinois Horse Racing Act of 1975.
17

(i) An organization gaming licensee may conduct gaming at
18
a temporary facility pending the construction of a permanent
19
facility or the remodeling or relocation of an existing
20
facility to accommodate gaming participants for up to 24
21
months after the temporary facility begins to conduct gaming
22
authorized under this Section. Upon request by an organization
23
gaming licensee and upon a showing of good cause by the
24
organization gaming licensee, the Board shall extend the
25
period during which the licensee may conduct gaming authorized
26
under this Section at a temporary facility by up to 12 months.

HB5469
- 58 -
LRB104 18730 LNS 32173 b
1
The Board shall make rules concerning the conduct of gaming
2
authorized under this Section from temporary facilities.
3

The gaming authorized under this Section may take place in
4
existing structures where inter-track wagering is conducted at
5
the racetrack or a facility within 300 yards of the racetrack
6
in accordance with the provisions of this Act and the Illinois
7
Horse Racing Act of 1975.
8

(i-5) Under no circumstances shall an organization gaming
9
licensee conduct gaming at any State or county fair.
10

(j) The Illinois Gaming Board must adopt emergency rules
11
in accordance with Section 5-45 of the Illinois Administrative
12
Procedure Act as necessary to ensure compliance with the
13
provisions of this amendatory Act of the 101st General
14
Assembly concerning the conduct of gaming by an organization
15
gaming licensee. The adoption of emergency rules authorized by
16
this subsection (j) shall be deemed to be necessary for the
17
public interest, safety, and welfare.
18

(k) Each organization gaming licensee who obtains gaming
19
positions must make a reconciliation payment 3 years after the
20
date the organization gaming licensee begins operating the
21
positions in an amount equal to 75% of the difference between
22
its adjusted gross receipts from gaming authorized under this
23
Section and amounts paid to its purse accounts pursuant to
24
item (1) of subsection (b) of Section 56 of the Illinois Horse
25
Racing Act of 1975 for the 12-month period for which such
26
difference was the largest, minus an amount equal to the

HB5469
- 59 -
LRB104 18730 LNS 32173 b
1
initial per position fee paid by the organization gaming
2
licensee. If this calculation results in a negative amount,
3
then the organization gaming licensee is not entitled to any
4
reimbursement of fees previously paid. This reconciliation
5
payment may be made in installments over a period of no more
6
than
12

6
years.
7

All payments by licensees under this subsection (k) shall
8
be deposited into the Rebuild Illinois Projects Fund.
9

(l) As soon as practical after a request is made by the
10
Illinois Gaming Board, to minimize duplicate submissions by
11
the applicant, the Illinois Racing Board must provide
12
information on an applicant for an organization gaming license
13
to the Illinois Gaming Board.
14
(Source: P.A. 102-538, eff. 8-20-21; 103-609, eff. 7-1-24.)

Footer

Disclaimer

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.

Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.
Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn