HORSE RACING-VARIOUS

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2885

Introduced 1/16/2026, by Sen. Bill Cunningham

SYNOPSIS AS INTRODUCED:

See Index

Amends the Illinois Horse Racing Act of 1975. Provides that the
Illinois Racing Board, in lieu of obtaining a court reporter to make
accurate transcriptions at each regular and special meeting and
proceeding, shall create a verbatim record of each regular and special
meeting in the form of an audio or video recording, unless an emergency
situation precludes the creation of a transcript or recording. Allows the
Board to refuse an occupation license to any person for any other just
cause. Requires an applicant for an employment position as a pari-mutuel
clerk, parking attendant, or security guard to include in the application
whether the applicant has ever been convicted of any theft, fraud,
wagering during the course of employment, touting, bookmaking, or any
other act which is detrimental to the best interests of racing. Requires a
licensee to forward a copy of the application form to the Board prior to
extending an offer of employment to an applicant (rather than upon its
decision to hire the applicant) and certify that it has checked the
applicant's background. Removes language requiring the Board's review of
an applicant to include an inquiry. Provides that no organization license
may be granted to conduct a horse race meeting to any person who does not,
at the time of application for the organization license, have plans
certified by a licensed architect and confirmed financing for construction
of a race track suitable for the type of racing intended to be held by the
applicant and for the accommodation of the public on property that the
applicant owns or has a contract or lease for possession of with completion
scheduled before the meet applied for begins. Requires an application to
conduct a horse race meeting to be delivered with a certified check or bank
draft payable to the order of the Board for $10,000 (rather than $1,000).
Allows the Board to impose civil penalties of up to $10,000 (rather than
$5,000) for individuals and up to $25,000 (rather than $10,000) against
licensees for each violation of the Act. Makes conforming and other
changes. Effective immediately.
LRB104 17811 LNS 31244 b

A BILL FOR

SB2885
LRB104 17811 LNS 31244 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 6, 9, 10, 12, 13, 14, 15, 15.3,
6
16, 19, 20, 24, 26, 27.2, 31.1, and 40 as follows:

7

(230 ILCS 5/6)

(from Ch. 8, par. 37-6)
8

Sec. 6.
Restrictions on Board members.

9

(a) No person shall be appointed a member of the Board or
10
continue to be a member of the Board if the person or any
11
member of
the person's

their
immediate family is a member of
12
the Board of Directors, employee, or financially interested in
13
any of the following: (i) any licensee or other person who has
14
applied for racing dates to the Board, or the operations
15
thereof including, but not limited to, concessions, data
16
processing, track maintenance, track security, and pari-mutuel
17
operations, located, scheduled or doing business within the
18
State of Illinois, (ii) any race horse competing at a meeting
19
under the Board's jurisdiction, or (iii) any licensee under
20
the Illinois Gambling Act.
21

(b) No person shall be a member of the Board who is not of
22
good moral character or who has been convicted of, or is under
23
indictment for, a felony under the laws of Illinois or any

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1
other state, or the United States.
2

(c) No member of the Board or employee shall engage in any
3
political activity.
4

For the purposes of this subsection (c):
5

"Political" means any activity in support of or in
6
connection with any campaign for State or local elective
7
office or any political organization, but does not include
8
activities (i) relating to the support or opposition of any
9
executive, legislative, or administrative action (as those
10
terms are defined in Section 2 of the Lobbyist Registration
11
Act), (ii) relating to collective bargaining, or (iii) that
12
are otherwise in furtherance of the person's official State
13
duties or governmental and public service functions.
14

"Political organization" means a party, committee,
15
association, fund, or other organization (whether or not
16
incorporated) that is required to file a statement of
17
organization with the State Board of Elections or county clerk
18
under Section 9-3 of the Election Code, but only with regard to
19
those activities that require filing with the State Board of
20
Elections or county clerk.
21

(d) Board members and employees may not engage in
22
communications or any activity that may cause or have the
23
appearance of causing a conflict of interest. A conflict of
24
interest exists if a situation influences or creates the
25
appearance that it may influence judgment or performance of
26
regulatory duties and responsibilities. This prohibition shall

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1
extend to any act identified by Board action that, in the
2
judgment of the Board, could represent the potential for or
3
the appearance of a conflict of interest.
4

(e) Board members and employees may not accept any gift,
5
gratuity, service, compensation, travel, lodging, or thing of
6
value, with the exception of unsolicited items of an
7
incidental nature, from any person, corporation, limited
8
liability company, or entity doing business with the Board.
9

(f) A Board member or employee shall not use or attempt to
10
use
the Board member's or employee's

his or her
official
11
position to secure, or attempt to secure, any privilege,
12
advantage, favor, or influence for
the Board member or
13
employee

himself or herself
or others. No Board member or
14
employee, within a period of one year immediately preceding
15
nomination by the Governor or employment, shall have been
16
employed or received compensation or fees for services from a
17
person or entity, or its parent or affiliate, that has engaged
18
in business with the Board, a licensee or a licensee under the
19
Illinois Gambling Act. In addition, all Board members and
20
employees are subject to the restrictions set forth in Section
21
5-45 of the State Officials and Employees Ethics Act.
22
(Source: P.A. 101-31, eff. 6-28-19.)

23

(230 ILCS 5/9)

(from Ch. 8, par. 37-9)
24

Sec. 9.
The Board shall have all powers necessary and
25
proper to fully and effectively execute the provisions of this

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LRB104 17811 LNS 31244 b
1
Act, including, but not limited to, the following:
2

(a) The Board is vested with jurisdiction and supervision
3
over all race meetings in this State, over all licensees doing
4
business in this State, over all occupation licensees, and
5
over all persons on the facilities of any licensee. Such
6
jurisdiction shall include the power to issue licenses to the
7
Illinois Department of Agriculture authorizing the pari-mutuel
8
system of wagering on harness and Quarter Horse races held (1)
9
at the Illinois State Fair in Sangamon County, and (2) at the
10
DuQuoin State Fair in Perry County. The jurisdiction of the
11
Board shall also include the power to issue licenses to county
12
fairs which are eligible to receive funds pursuant to the
13
Agricultural Fair Act, as now or hereafter amended, or their
14
agents, authorizing the pari-mutuel system of wagering on
15
horse races conducted at the county fairs receiving such
16
licenses. Such licenses shall be governed by subsection (n) of
17
this Section.
18

Upon application, the Board shall issue a license to the
19
Illinois Department of Agriculture to conduct harness and
20
Quarter Horse races at the Illinois State Fair and at the
21
DuQuoin State Fairgrounds during the scheduled dates of each
22
fair. The Board shall not require and the Department of
23
Agriculture shall be exempt from the requirements of Sections
24
15.3, 18 and 19, paragraphs (a)(2), (b), (c), (d), (e), (e-5),
25
(e-10), (f), (g), and (h) of Section 20, and Sections 21, 24
26
and 25. The Board and the Department of Agriculture may extend

SB2885
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1
any or all of these exemptions to any contractor or agent
2
engaged by the Department of Agriculture to conduct its race
3
meetings when the Board determines that this would best serve
4
the public interest and the interest of horse racing.
5

Notwithstanding any provision of law to the contrary, it
6
shall be lawful for any licensee to operate pari-mutuel
7
wagering or contract with the Department of Agriculture to
8
operate pari-mutuel wagering at the DuQuoin State Fairgrounds
9
or for the Department to enter into contracts with a licensee,
10
employ its owners, employees or agents and employ such other
11
occupation licensees as the Department deems necessary in
12
connection with race meetings and wagerings.
13

(b) The Board is vested with the full power to promulgate
14
reasonable rules and regulations for the purpose of
15
administering the provisions of this Act and to prescribe
16
reasonable rules, regulations and conditions under which all
17
horse race meetings or wagering in the State shall be
18
conducted. Such reasonable rules and regulations are to
19
provide for the prevention of practices detrimental to the
20
public interest and to promote the best interests of horse
21
racing and to impose penalties for violations thereof.
22

(c) The Board, and any person or persons to whom it
23
delegates this power, is vested with the power to enter the
24
facilities and other places of business of any licensee to
25
determine whether there has been compliance with the
26
provisions of this Act and its rules and regulations.

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1

(d) The Board, and any person or persons to whom it
2
delegates this power, is vested with the authority to
3
investigate alleged violations of the provisions of this Act,
4
its reasonable rules and regulations, orders and final
5
decisions; the Board shall take appropriate disciplinary
6
action against any licensee or occupation licensee for
7
violation thereof or institute appropriate legal action for
8
the enforcement thereof.
9

(e) The Board, and any person or persons to whom it
10
delegates this power, may eject or exclude from any race
11
meeting or the facilities of any licensee, or any part
12
thereof, any occupation licensee or any other individual whose
13
conduct or reputation is such that
the individual's

his

14
presence on those facilities may, in the opinion of the Board,
15
call into question the honesty and integrity of horse racing
16
or wagering or interfere with the orderly conduct of horse
17
racing or wagering; provided, however, that no person shall be
18
excluded or ejected from the facilities of any licensee solely
19
on the grounds of race, color, creed, national origin,
20
ancestry, or sex. The power to eject or exclude an occupation
21
licensee or other individual may be exercised for just cause
22
by the licensee or the Board, subject to subsequent hearing by
23
the Board as to the propriety of said exclusion.
24

(f) The Board is vested with the power to acquire,
25
establish, maintain and operate (or provide by contract to
26
maintain and operate) testing laboratories and related

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1
facilities, for the purpose of conducting saliva, blood, urine
2
and other tests on the horses run or to be run in any horse
3
race meeting, including races run at county fairs, and to
4
purchase all equipment and supplies deemed necessary or
5
desirable in connection with any such testing laboratories and
6
related facilities and all such tests.
7

(g) The Board may require that the records, including
8
financial or other statements of any licensee or any person
9
affiliated with the licensee who is involved directly or
10
indirectly in the activities of any licensee as regulated
11
under this Act to the extent that those financial or other
12
statements relate to such activities be kept in such manner as
13
prescribed by the Board, and that Board employees shall have
14
access to those records during reasonable business hours.
15
Within 120 days of the end of its fiscal year, each licensee
16
shall transmit to the Board an audit of the financial
17
transactions and condition of the licensee's total operations.
18
All audits shall be conducted by certified public accountants.
19
Each certified public accountant must be registered in the
20
State of Illinois under the Illinois Public Accounting Act.
21
The compensation for each certified public accountant shall be
22
paid directly by the licensee to the certified public
23
accountant. A licensee shall also submit any other financial
24
or related information the Board deems necessary to
25
effectively administer this Act and all rules, regulations,
26
and final decisions promulgated under this Act.

SB2885
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1

(h) The Board shall name and appoint in the manner
2
provided by the rules and regulations of the Board: an
3
Executive Director; a State director of mutuels; State
4
veterinarians and representatives to take saliva, blood, urine
5
and other tests on horses; licensing personnel; revenue
6
inspectors; and State seasonal employees (excluding admission
7
ticket sellers and mutuel clerks). All of those named and
8
appointed as provided in this subsection shall serve during
9
the pleasure of the Board; their compensation shall be
10
determined by the Board and be paid in the same manner as other
11
employees of the Board under this Act.
12

(i) The Board shall require that there shall be 3 stewards
13
at each horse race meeting, at least 2 of whom shall be named
14
and appointed by the Board. Stewards appointed or approved by
15
the Board, while performing duties required by this Act or by
16
the Board, shall be entitled to the same rights and immunities
17
as granted to Board members and Board employees in Section 10
18
of this Act.
19

(j) The Board may discharge any Board employee who fails
20
or refuses for any reason to comply with the rules and
21
regulations of the Board, or who, in the opinion of the Board,
22
is guilty of fraud, dishonesty or who is proven to be
23
incompetent. The Board shall have no right or power to
24
determine who shall be officers, directors or employees of any
25
licensee, or their salaries except
as outlined in Sections
26
15.2 and 15.3. The

the
Board may, by rule, require that all or

SB2885
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LRB104 17811 LNS 31244 b
1
any officials or employees in charge of or whose duties relate
2
to the actual running of races be approved by the Board.
3

(k) The Board is vested with the power to appoint
4
delegates to execute any of the powers granted to it under this
5
Section for the purpose of administering this Act and any
6
rules or regulations promulgated in accordance with this Act.
7

(l) The Board is vested with the power to impose civil
8
penalties of up to $5,000 against an individual and up to
9
$10,000 against a licensee for each violation of any provision
10
of this Act, any rules adopted by the Board, any order of the
11
Board or any other action which, in the Board's discretion, is
12
a detriment or impediment to horse racing or wagering.
13
Beginning on the date when any organization licensee begins
14
conducting gaming pursuant to an organization gaming license
15
issued under the Illinois Gambling Act, the power granted to
16
the Board pursuant to this subsection (l) shall authorize the
17
Board to impose penalties of up to $10,000 against an
18
individual and up to $25,000 against a licensee. All such
19
civil penalties shall be deposited into the Horse Racing Fund.
20

(m) The Board is vested with the power to prescribe a form
21
to be used by licensees as an application for employment for
22
employees of each licensee.
23

(n) The Board shall have the power to issue a license to
24
any county fair, or its agent, authorizing the conduct of the
25
pari-mutuel system of wagering. The Board is vested with the
26
full power to promulgate reasonable rules, regulations and

SB2885
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LRB104 17811 LNS 31244 b
1
conditions under which all horse race meetings licensed
2
pursuant to this subsection shall be held and conducted,
3
including rules, regulations and conditions for the conduct of
4
the pari-mutuel system of wagering. The rules, regulations"
5
and conditions shall provide for the prevention of practices
6
detrimental to the public interest and for the best interests
7
of horse racing, and shall prescribe penalties for violations
8
thereof. Any authority granted the Board under this Act shall
9
extend to its jurisdiction and supervision over county fairs,
10
or their agents, licensed pursuant to this subsection.
11
However, the Board may waive any provision of this Act or its
12
rules or regulations which would otherwise apply to such
13
county fairs or their agents.
14

(o) Whenever the Board is authorized or required by law to
15
consider some aspect of criminal history record information
16
for the purpose of carrying out its statutory powers and
17
responsibilities, then, upon request and payment of fees in
18
conformance with the requirements of Section 2605-400 of the
19
Illinois State Police Law, the Illinois State Police is
20
authorized to furnish, pursuant to positive identification,
21
such information contained in State files as is necessary to
22
fulfill the request.
23

(p) To insure the convenience, comfort, and wagering
24
accessibility of race track patrons, to provide for the
25
maximization of State revenue, and to generate increases in
26
purse allotments to the horsemen, the Board shall require any

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1
licensee to staff the pari-mutuel department with adequate
2
personnel.
3
(Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.)

4

(230 ILCS 5/10)

(from Ch. 8, par. 37-10)
5

Sec. 10.
Any Board member or Board employee who is subject
6
to any civil action arising from any act executed by
a Board
7
member or the Board employee

him
while serving as a Board
8
member or Board employee shall be represented by the Attorney
9
General. All costs of defending such law suit and satisfaction
10
of any judgment rendered against a Board member or Board
11
employee shall be incurred by the Board. Any Board member or
12
Board employee is entitled to the benefit of this Section
13
provided the act was committed in good faith.
14
(Source: P.A. 79-1185.)

15

(230 ILCS 5/12)

(from Ch. 8, par. 37-12)
16

Sec. 12.
(a) Board members shall employ under the
17
"Personnel Code", as now or hereafter amended, such
18
representatives, accountants, clerks, stenographers,
19
inspectors, and other employees as may be necessary. No person
20
shall be appointed or hold any office or position under the
21
Board who, or any member of whose family, is:

22

(1) an official of, or has any financial or ownership
23

interest in any licensee or occupation licensee engaged in
24

conducting racing within this State, or
,

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1

(2) an owner, trainer, jockey, or harness driver of a
2

horse competing at a race meeting under the jurisdiction
3

of the Board.
4

(b) Any employee violating the prohibitions set forth in
5
subsection (a) of this Section shall be subject to the
6
termination of
the employee's

his or her
employment. If the
7
Board determines that an employee is in violation of
8
subsection (a) of this Section and should be discharged, it
9
must observe the procedures outlined in the "Personnel Code",
10
as now or hereafter amended, as they apply to discharge
11
proceedings.
12

(c) No person employed by the Board during the 12 months
13
preceding the effective date of this Act shall be terminated
14
from employment due to a violation of the prohibitions set
15
forth in subsection (a) of this Section.
16
(Source: P.A. 89-16, eff. 5-30-95.)

17

(230 ILCS 5/13)

(from Ch. 8, par. 37-13)
18

Sec. 13.
The executive director shall perform any and all
19
duties that the Board shall assign
the executive director

him
.
20
The salary of the executive director shall be determined by
21
the Board and, in addition,
the executive director

he
shall be
22
reimbursed for all actual and necessary expenses incurred by
23
the executive director

him
in discharge of
the executive
24
director's

his
official duties. The executive director shall
25
keep records of all proceedings of the Board and shall

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1
preserve all records, books, documents and other papers
2
belonging to the Board or entrusted to its care. The executive
3
director shall devote
the executive director's

his
full time
4
to the duties of the office and shall not hold any other office
5
or employment.
6
(Source: P.A. 84-531.)

7

(230 ILCS 5/14)

(from Ch. 8, par. 37-14)
8

Sec. 14.
(a) The Board shall hold regular and special
9
meetings at such times and places as may be necessary to
10
perform properly and effectively all duties required under
11
this Act. A majority of the members of the Board shall
12
constitute a quorum for the transaction of any business, for
13
the performance of any duty, or for the exercise of any power
14
which this Act requires the Board members to transact, perform
15
or exercise en banc, except that upon order of the Board one of
16
the Board members may conduct the hearing provided in Section
17
16. The Board member conducting such hearing shall have all
18
powers and rights granted to the Board in this Act. The record
19
made at the hearing shall be reviewed by the Board, or a
20
majority thereof, and the findings and decision of the
21
majority of the Board shall constitute the order of the Board
22
in such case.
23

(b) The Board shall obtain a court reporter who will be
24
present at each regular and special meeting and proceeding
to

25
and who shall
make accurate transcriptions thereof
or the

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LRB104 17811 LNS 31244 b
1
Board shall create a verbatim record of each regular and
2
special meeting in the form of an audio or video recording,
3
unless,

except that when
in the judgment of the Board
,
an
4
emergency situation
precludes the creation of such transcript
5
or recording; in which case,

requires a meeting by
6
teleconference,
the executive director shall prepare minutes
7
of the meeting indicating the date and time of the meeting and
8
which members of the Board were present or absent, summarizing
9
all matters proposed, deliberated, or decided at the meeting,
10
and indicating the results of all votes taken. The public
11
shall be allowed to listen to the proceedings of that meeting
12
at all Board branch offices.
13

(c) The Board shall provide records which are separate and
14
distinct from the records of any other State board or
15
commission. Such records shall be available for public
16
inspection and shall accurately reflect all Board proceedings.
17

(d) The Board shall file a written annual report with the
18
Governor on or before March 1 each year and such additional
19
reports as the Governor may request. The annual report shall
20
include a statement of receipts and disbursements by the
21
Board, actions taken by the Board, a report on the industry's
22
progress toward the policy objectives established in Section
23
1.2 of this Act, and any additional information and
24
recommendations which the Board may deem valuable or which the
25
Governor may request.
26

(e) The Board shall maintain a branch office on the ground

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1
of every organization licensee during the organization
2
licensee's race meeting, which office shall be kept open
3
throughout the time the race meeting is held. The Board shall
4
designate one of its members, or an authorized agent of the
5
Board who shall have the authority to act for the Board, to be
6
in charge of the branch office during the time it is required
7
to be kept open.
8
(Source: P.A. 91-40, eff. 6-25-99.)

9

(230 ILCS 5/15)

(from Ch. 8, par. 37-15)
10

Sec. 15.
(a) The Board shall, in its discretion, issue
11
occupation licenses to horse owners, trainers, harness
12
drivers, jockeys, agents, apprentices, grooms, stable foremen,
13
exercise persons, veterinarians, valets, blacksmiths,
14
concessionaires and others designated by the Board whose work,
15
in whole or in part, is conducted upon facilities within the
16
State. Such occupation licenses will be obtained prior to the
17
persons engaging in their vocation upon such facilities. The
18
Board shall not license pari-mutuel clerks, parking
19
attendants, security guards and employees of concessionaires.
20
No occupation license shall be required of any person who
21
works at facilities within this State as a pari-mutuel clerk,
22
parking attendant, security guard or as an employee of a
23
concessionaire. Concessionaires of the Illinois State Fair and
24
DuQuoin State Fair and employees of the Illinois Department of
25
Agriculture shall not be required to obtain an occupation

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1
license by the Board.
2

(b) Each application for an occupation license shall be on
3
forms prescribed by the Board. Such license, when issued,
4
shall be for the period ending December 31 of each year, except
5
that the Board in its discretion may grant 3-year licenses.
6
The application shall be accompanied by a fee of not more than
7
$25 per year or, in the case of 3-year occupation license
8
applications, a fee of not more than $60. Each applicant shall
9
set forth in the application
the applicant's

his
full name and
10
address, and if
the applicant

he
had been issued prior
11
occupation licenses or has been licensed in any other state
12
under any other name, such name,
the applicant's

his
age,
13
whether or not a permit or license issued to
the applicant

him

14
in any other state has been suspended or revoked and if so
15
whether such suspension or revocation is in effect at the time
16
of the application, and such other information as the Board
17
may require. Fees for registration of stable names shall not
18
exceed $50.00. Beginning on the date when any organization
19
licensee begins conducting gaming pursuant to an organization
20
gaming license issued under the Illinois Gambling Act, the fee
21
for registration of stable names shall not exceed $150, and
22
the application fee for an occupation license shall not exceed
23
$75, per year or, in the case of a 3-year occupation license
24
application, the fee shall not exceed $180.
25

(c) The Board may in its discretion refuse an occupation
26
license to any person:

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1

(1) who has been convicted of a crime;

2

(2) who is unqualified to perform the duties required
3

of such applicant;

4

(3) who fails to disclose or states falsely any
5

information called for in the application;

6

(4) who has been found guilty of a violation of this
7

Act or of the rules and regulations of the Board;
or

8

(5) whose license or permit has been suspended,
9

revoked or denied for just cause in any other
10

jurisdiction; or

state.
11

(6) for any other just cause.

12

(d) The Board may suspend or revoke any occupation
13
license:

14

(1) for violation of any of the provisions of this
15

Act;
or

16

(2) for violation of any of the rules or regulations
17

of the Board;
or

18

(3) for any cause which, if known to the Board, would
19

have justified the Board in refusing to issue such
20

occupation license; or

21

(4) for any other just cause.
22

(e)

Each applicant shall submit
the applicant's

his or
23
her
fingerprints to the Illinois State Police in the form and
24
manner prescribed by the Illinois State Police. These
25
fingerprints shall be checked against the fingerprint records
26
now and hereafter filed in the Illinois State Police and

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Federal Bureau of Investigation criminal history records
2
databases. The Illinois State Police shall charge a fee for
3
conducting the criminal history records check, which shall be
4
deposited in the State Police Services Fund and shall not
5
exceed the actual cost of the records check. The Illinois
6
State Police shall furnish, pursuant to positive
7
identification, records of conviction to the Board. Each
8
applicant for licensure shall submit with
the applicant's

his

9
occupation license application, on forms provided by the
10
Board, 2 sets of
the applicant's

his
fingerprints. All such
11
applicants shall appear in person at the location designated
12
by the Board for the purpose of submitting such sets of
13
fingerprints; however, with the prior approval of a State
14
steward, an applicant may have such sets of fingerprints taken
15
by an official law enforcement agency and submitted to the
16
Board.
17

(f) The Board may, in its discretion, issue an occupation
18
license without submission of fingerprints if an applicant has
19
been duly licensed in another recognized racing jurisdiction
20
after submitting fingerprints that were subjected to a Federal
21
Bureau of Investigation criminal history background check in
22
that jurisdiction.
23

(g) Beginning on the date when any organization licensee
24
begins conducting gaming pursuant to an organization gaming
25
license issued under the Illinois Gambling Act, the Board may
26
charge each applicant a reasonable nonrefundable fee to defray

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the costs associated with the background investigation
2
conducted by the Board. This fee shall be exclusive of any
3
other fee or fees charged in connection with an application
4
for and, if applicable, the issuance of, an organization
5
gaming license. If the costs of the investigation exceed the
6
amount of the fee charged, the Board shall immediately notify
7
the applicant of the additional amount owed, payment of which
8
must be submitted to the Board within 7 days after such
9
notification. All information, records, interviews, reports,
10
statements, memoranda, or other data supplied to or used by
11
the Board in the course of its review or investigation of an
12
applicant for a license or renewal under this Act shall be
13
privileged, strictly confidential, and shall be used only for
14
the purpose of evaluating an applicant for a license or a
15
renewal. Such information, records, interviews, reports,
16
statements, memoranda, or other data shall not be admissible
17
as evidence, nor discoverable, in any action of any kind in any
18
court or before any tribunal, board, agency, or person, except
19
for any action deemed necessary by the Board.
20
(Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.)

21

(230 ILCS 5/15.3)

(from Ch. 8, par. 37-15.3)
22

Sec. 15.3.
Any person who makes application for an
23
employment position as a pari-mutuel clerk, parking attendant
24
or security guard with a licensee, where such position would
25
involve work conducted in whole or in part at a wagering

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facility within this State shall be required to fill out an
2
employment application form prescribed by the Illinois Racing
3
Board. Such application form shall require the applicant to
4
state the following:
5

(a) whether the applicant has ever been convicted of a
6
felony offense under the laws of this State, the laws of any
7
other state, or the laws of the United States;
8

(b) whether the applicant has ever been convicted of a
9
misdemeanor offense under the laws of this State, the laws of
10
any other state, or the laws of the United States, which
11
offense involved dishonesty, fraud, deception
,

or
moral
12
turpitude
, or any of the acts prohibited in Section 15.2
;
13

(c) whether the applicant has ever been excluded by the
14
Board or any other jurisdiction where wagering is conducted;
15

(d) whether the applicant has ever committed an act of
16
touting, bookmaking, theft, or fraud, as those terms are
17
defined in Section 15.2 of this Act; and
18

(e) any other information that the Board may deem
19
necessary to carry out the purposes of Public Act 84-1468.
20

The applicant shall sign the application form and certify
21
that, under the penalties of perjury of this State, the
22
statements set forth in the application form are true and
23
correct.
24

The licensee shall,
prior to extending an offer of
25
employment to the applicant

upon its decision to hire the
26
applicant
, forward a copy of the application form to the Board

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and certify that it has checked the applicant's background and
2
it is clear of the acts prohibited in Section 15.2
. The Board
3
shall review the application form
and certification within 5
4
business days of receipt

immediately upon receipt
.
5

If

The Board's review of the application form shall
6
include an inquiry as to whether the applicant has been
7
accused of any of the acts prohibited under Section 15.2 of
8
this Act and, if
the Board
finds

does find
that the applicant
9
has been
so
accused
of an act prohibited in Section 15.2
, it
10
shall conduct an investigation to determine whether, by a
11
standard of reasonable certainty, the applicant committed the
12
act. If the Board determines that the applicant did commit any
13
of the acts prohibited under that Section, it may exclude the
14
applicant or declare that the applicant is ineligible for
15
employment.
16

The Board may declare an applicant ineligible for
17
employment if it finds that the applicant has been previously
18
excluded by the Board. In making such a declaration, the Board
19
shall consider: (a) the reasons the applicant had been
20
previously excluded; (b) the period of time that has elapsed
21
since the applicant was excluded; and (c) how the previous
22
exclusion relates to the applicant's ability to perform the
23
duties of the employment position for which he or she is
24
applying.
25

When the Board excludes an applicant or declares an
26
applicant ineligible for employment, it shall immediately

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1
notify such applicant and the licensee of its action. A person
2
so excluded or declared ineligible for employment may request
3
a hearing before the Board in accordance with Section 16 of
4
this Act.
5

No licensee may employ a pari-mutuel clerk, parking
6
attendant or security guard at a wagering facility after such
7
licensee has been notified that such person has been declared
8
ineligible by the Board.
9

Nothing herein shall be construed to limit the Board's
10
exclusionary authority under Section 16.
11

Sections 15.2 and 15.3 of this Act shall apply to any
12
person who holds an employment position as a pari-mutuel
13
clerk, parking attendant, or security guard subsequent to July
14
1, 1987 with a licensee. All such employees employed prior to
15
July 1, 1987 shall be required to file employment applications
16
with the Board, and the information required under
17
subparagraphs (a) through (e) of this Section pertaining to
18
conduct or activities prior to July 1, 1987 shall only be used
19
by the Board in its determination to exclude an applicant or
20
its declaration that an applicant is ineligible for employment
21
based on conduct that occurs after July 1, 1987.
22
(Source: P.A. 89-16, eff. 5-30-95.)

23

(230 ILCS 5/16)

(from Ch. 8, par. 37-16)
24

Sec. 16.
(a) The Board shall, in accordance with Section
25
15, have the power to revoke or suspend an occupation license,

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1
and the steward or judges at a race meeting shall have the
2
power to suspend an occupation license of any horse owner,
3
trainer, harness driver, jockey, agent, apprentice, groom,
4
stable foreman, exercise boy, veterinarian, valet, blacksmith
5
or concessionaire whose work, in whole or in part, is
6
conducted at facilities within the State, or to determine the
7
eligibility for employment at a wagering facility of a
8
pari-mutuel clerk, parking attendant or security guard. The
9
Illinois Administrative Procedure Act shall not apply to the
10
actions of the Board or of the stewards or judges at a race
11
meeting, and those actions shall instead be subject to the
12
procedures outlined in subsections (b) through (e) of this
13
Section.
14

The Board may refuse to issue or may suspend the
15
occupation license of any person who fails to file a return, or
16
to pay the tax, penalty or interest shown in a filed return, or
17
to pay any final assessment of tax, penalty or interest, as
18
required by any tax Act administered by the Illinois
19
Department of Revenue, until such time as the requirements of
20
any such tax Act are satisfied.
21

(b) In the event the Board, for violation of the
22
provisions of this Act or the rules and regulations of the
23
Board or other just cause, refuses, revokes or suspends an
24
occupation license, or a steward or the judges at any race
25
meeting suspend an occupation license of any horse owner,
26
trainer, harness driver, jockey, agent, apprentice, groom,

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1
stable foreman, exercise person, veterinarian, valet,
2
blacksmith, concessionaire or other occupation licensee whose
3
work, in whole or in part is conducted at facilities within the
4
State and owned by a licensee, or declare a person ineligible
5
for employment, then the occupation license of the person or
6
his eligibility for employment shall be suspended pending a
7
hearing of the Board.
8

(c) The person affected by such action at any race meeting
9
may request a hearing before the Board within 5
regular
10
business
days after receipt of notice of the suspension from
11
the Board, the steward or the judges at any race meeting. The
12
hearing shall be held by the Board within 7
regular business

13
days after such request has been received by the Board. Any
14
action of a steward or the judges with respect to any
15
occupation license or eligibility for employment may be heard
16
by the Board on its own motion by giving the aggrieved party at
17
least 3 days' notice in writing of the time and place of the
18
hearing.
19

(d) All hearings by the Board under this Section shall be
20
held at such place in the State as the Board may designate and
21
any notice provided for shall be served by mailing it postage
22
prepaid by certified mail to the parties affected. Any such
23
notice so mailed is deemed to have been served on the business
24
day next following the date of such mailing.
25

(e) The Board in conducting such hearings shall not be
26
bound by technical rules of evidence, but all evidence offered

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LRB104 17811 LNS 31244 b
1
before the Board shall be reduced to writing and shall, with
2
petition and exhibits, if any, and the findings of the Board,
3
be permanently preserved and constitute the record of the
4
Board in such case. The Board may require that appellants bear
5
reasonable costs of the production of hearing transcripts. Any
6
of the parties affected in such hearing may be represented by
7
counsel and introduce evidence. At the request of the Board,
8
the Attorney General shall assist and participate in the
9
conduct of such hearing.
10

(f) Every member of the Board has the power to administer
11
oaths and affirmations, certify all official acts, issue
12
subpoenas, compel the attendance and testimony of witnesses
13
and the production of papers, books, accounts, and documents.
14

(g) Any person who is served with a subpoena (issued by the
15
Board or any member thereof) to appear and testify, or to
16
produce books, papers, accounts or documents in the course of
17
an inquiry or hearing conducted under this Act, and who
18
refuses or neglects to appear or to testify or to produce
19
books, papers, accounts and documents relative to the hearings
20
as commanded in such subpoenas, may be punished by the Circuit
21
Court in the county where the violation is committed in the
22
same manner as the Circuit Court may punish such refusal or
23
neglect in a case filed in court.
24

(h) In case of disobedience to a subpoena, the Board may
25
petition the Circuit Court in the county where the violation
26
was committed for an order requiring the attendance and

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1
testimony of witnesses or the production of documentary
2
evidence or both. A copy of such petition shall be served by
3
personal notice or by registered or certified mail upon the
4
person who has failed to obey that subpoena, and such person
5
shall be advised in writing that a hearing upon the petition
6
will be requested in a court room to be designated in that
7
notice before the judge occupying the courtroom on a specified
8
date and at a specified time.
9

(i) The court, upon the filing of such a petition, may
10
order the person refusing to obey the subpoena to appear
11
before the Board at a designated time, or to there produce
12
documentary evidence, if so ordered, or to give evidence
13
relating to the subject matter of the hearing. Any failure to
14
obey such order of the Circuit Court may be punished by that
15
court as a civil or criminal contempt upon itself.
16

(j) The Board, any member thereof or any applicant may, in
17
connection with any hearing before the Board, cause the
18
deposition of witnesses within or without the State to be
19
taken on oral or written interrogatories in the manner
20
prescribed for depositions in the courts of this State.
21

(k) At the conclusion of such hearing, the Board shall
22
make its findings which shall be the basis of the refusal,
23
suspension or revocation of the occupation license or other
24
action taken by the Board. Such findings and the action of the
25
Board shall be final. However, the action of the Board and the
26
propriety thereof are subject to review under Section 46.

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1
(Source: P.A. 89-16, eff. 5-30-95.)

2

(230 ILCS 5/19)

(from Ch. 8, par. 37-19)
3

Sec. 19.
(a) No organization license may be granted to
4
conduct a horse race meeting:
5

(1) except as provided in subsection (c) of Section 21
6

of this Act, to any person at any place within 35 miles of
7

any other place licensed by the Board to hold a race
8

meeting on the same date during the same hours, the
9

mileage measurement used in this subsection (a) shall be
10

certified to the Board by the Bureau of Systems and
11

Services in the Illinois Department of Transportation as
12

the most commonly used public way of vehicular travel;
13

(2) to any person in default in the payment of any
14

obligation or debt due the State under this Act, provided
15

no applicant shall be deemed in default in the payment of
16

any obligation or debt due to the State under this Act as
17

long as there is pending a hearing of any kind relevant to
18

such matter;
19

(3) to any person who has been convicted of the
20

violation of any law of the United States or any State law
21

which provided as all or part of its penalty imprisonment
22

in any penal institution; to any person against whom there
23

is pending a Federal or State criminal charge; to any
24

person who is or has been connected with or engaged in the
25

operation of any illegal business; to any person who does

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1

not enjoy a general reputation in
the person's

his

2

community of being an honest, upright, law-abiding person;
3

provided that none of the matters set forth in this
4

subparagraph (3) shall make any person ineligible to be
5

granted an organization license if the Board determines,
6

based on circumstances of any such case, that the granting
7

of a license would not be detrimental to the interests of
8

horse racing and of the public;
9

(4) to any person who does not at the time of
10

application for the organization license own or have a
11

contract or lease for the possession of a finished race
12

track suitable for the type of racing intended to be held
13

by the applicant and for the accommodation of the public
14

or have plans certified by a licensed architect and
15

confirmed financing for construction of a race track
16

suitable for the type of racing intended to be held by the
17

applicant and for the accommodation of the public on
18

property that the applicant owns or has a contract or
19

lease for possession of with completion scheduled before
20

the meet applied for begins
.
21

(b) (Blank).
22

(c) If any person is ineligible to receive an organization
23
license because of any of the matters set forth in subsection
24
(a) (2) or subsection (a) (3) of this Section, any other or
25
separate person that either (i) controls, directly or
26
indirectly, such ineligible person or (ii) is controlled,

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1
directly or indirectly, by such ineligible person or by a
2
person which controls, directly or indirectly, such ineligible
3
person shall also be ineligible.
4
(Source: P.A. 101-31, eff. 6-28-19.)

5

(230 ILCS 5/20)

(from Ch. 8, par. 37-20)
6

Sec. 20.
(a) Any person desiring to conduct a horse race
7
meeting may apply to the Board for an organization license.
8
The application shall be made on a form prescribed and
9
furnished by the Board. The application shall specify:

10

(1) the dates on which it intends to conduct the horse
11

race meeting, which dates shall be provided under Section
12

21;

13

(2) the hours of each racing day between which it
14

intends to hold or conduct horse racing at such meeting;

15

(3) the location where it proposes to conduct the
16

meeting; and

17

(4) any other information the Board may reasonably
18

require.
19

(b) A separate application for an organization license
20
shall be filed for each horse race meeting which such person
21
proposes to hold. Any such application, if made by an
22
individual, or by any individual as trustee, shall be signed
23
and verified under oath by such individual. If the application
24
is made by individuals, then it shall be signed and verified
25
under oath by at least 2 of the individuals; if the application

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1
is made by a partnership, an association, a corporation, a
2
corporate trustee, a limited liability company, or any other
3
entity, it shall be signed by an authorized officer, a
4
partner, a member, or a manager, as the case may be, of the
5
entity.
6

(c) The application shall specify:
7

(1) the name of the persons, association, trust, or
8

corporation making such application;
9

(2) the principal address of the applicant;
10

(3) if the applicant is a trustee, the names and
11

addresses of the beneficiaries; if the applicant is a
12

corporation, the names and addresses of all officers,
13

stockholders and directors; or if such stockholders hold
14

stock as a nominee or fiduciary, the names and addresses
15

of the parties who are the beneficial owners thereof or
16

who are beneficially interested therein; if the applicant
17

is a partnership, the names and addresses of all partners,
18

general or limited; if the applicant is a limited
19

liability company, the names and addresses of the manager
20

and members; and if the applicant is any other entity, the
21

names and addresses of all officers or other authorized
22

persons of the entity.
23

(d) The applicant shall execute and file with the Board a
24
good faith affirmative action plan to recruit, train, and
25
upgrade minorities in all classifications within the
26
association.

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1

(e) With such application there shall be delivered to the
2
Board a certified check or bank draft payable to the order of
3
the Board for an amount equal to
$10,000

$1,000
. All
4
applications for the issuance of an organization license shall
5
be filed with the Board before August 1 of the year prior to
6
the year for which application is made and shall be acted upon
7
by the Board at a meeting to be held on such date as shall be
8
fixed by the Board during the last 15 days of September of such
9
prior year. At such meeting, the Board shall announce the
10
award of the racing meets, live racing schedule, and
11
designation of host track to the applicants and its approval
12
or disapproval of each application. No announcement shall be
13
considered binding until a formal order is executed by the
14
Board, which shall be executed no later than October 15 of that
15
prior year. Absent the agreement of the affected organization
16
licensees, the Board shall not grant overlapping race meetings
17
to 2 or more tracks that are within 100 miles of each other to
18
conduct the thoroughbred racing.
19

(e-1) The Board shall award standardbred racing dates to
20
organization licensees with an organization gaming license
21
pursuant to the following schedule:
22

(1) For the first calendar year of operation of
23

gambling games by an organization gaming licensee under
24

this amendatory Act of the 101st General Assembly, when a
25

single entity requests standardbred racing dates, the
26

Board shall award no fewer than 100 days of racing. The

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1

100-day requirement may be reduced to no fewer than 80
2

days if no dates are requested for the first 3 months of a
3

calendar year. If more than one entity requests
4

standardbred racing dates, the Board shall award no fewer
5

than 140 days of racing between the applicants.
6

(2) For the second calendar year of operation of
7

gambling games by an organization gaming licensee under
8

this amendatory Act of the 101st General Assembly, when a
9

single entity requests standardbred racing dates, the
10

Board shall award no fewer than 100 days of racing. The
11

100-day requirement may be reduced to no fewer than 80
12

days if no dates are requested for the first 3 months of a
13

calendar year. If more than one entity requests
14

standardbred racing dates, the Board shall award no fewer
15

than 160 days of racing between the applicants.
16

(3) For the third calendar year of operation of
17

gambling games by an organization gaming licensee under
18

this amendatory Act of the 101st General Assembly, and
19

each calendar year thereafter, when a single entity
20

requests standardbred racing dates, the Board shall award
21

no fewer than 120 days of racing. The 120-day requirement
22

may be reduced to no fewer than 100 days if no dates are
23

requested for the first 3 months of a calendar year. If
24

more than one entity requests standardbred racing dates,
25

the Board shall award no fewer than 200 days of racing
26

between the applicants.

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1

An organization licensee shall apply for racing dates
2
pursuant to this subsection (e-1). In awarding racing dates
3
under this subsection (e-1), the Board shall have the
4
discretion to allocate those standardbred racing dates among
5
these organization licensees.
6

(e-2) The Board shall award thoroughbred racing days to
7
Cook County organization licensees pursuant to the following
8
schedule:
9

(1) During the first year in which only one
10

organization licensee is awarded an organization gaming
11

license, the Board shall award no fewer than 110 days of
12

racing.
13

During the second year in which only one organization
14

licensee is awarded an organization gaming license, the
15

Board shall award no fewer than 115 racing days.
16

During the third year and every year thereafter, in
17

which only one organization licensee is awarded an
18

organization gaming license, the Board shall award no
19

fewer than 120 racing days.
20

(2) During the first year in which 2 organization
21

licensees are awarded an organization gaming license, the
22

Board shall award no fewer than 139 total racing days.
23

During the second year in which 2 organization
24

licensees are awarded an organization gaming license, the
25

Board shall award no fewer than 160 total racing days.
26

During the third year and every year thereafter in

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which 2 organization licensees are awarded an organization
2

gaming license, the Board shall award no fewer than 174
3

total racing days.
4

A Cook County organization licensee shall apply for racing
5
dates pursuant to this subsection (e-2). In awarding racing
6
dates under this subsection (e-2), the Board shall have the
7
discretion to allocate those thoroughbred racing dates among
8
these Cook County organization licensees.
9

(e-3) In awarding racing dates for calendar year 2020 and
10
thereafter in connection with a racetrack in Madison County,
11
the Board shall award racing dates and such organization
12
licensee shall run at least 700 thoroughbred races at the
13
racetrack in Madison County each year.
14

Notwithstanding Section 7.7 of the Illinois Gambling Act
15
or any provision of this Act other than subsection (e-4.5),
16
for each calendar year for which an organization gaming
17
licensee located in Madison County requests racing dates
18
resulting in less than 700 live thoroughbred races at its
19
racetrack facility, the organization gaming licensee may not
20
conduct gaming pursuant to an organization gaming license
21
issued under the Illinois Gambling Act for the calendar year
22
of such requested live races.
23

(e-4) Notwithstanding the provisions of Section 7.7 of the
24
Illinois Gambling Act or any provision of this Act other than
25
subsections (e-3) and (e-4.5), for each calendar year for
26
which an organization gaming licensee requests thoroughbred

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racing dates which results in a number of live races under its
2
organization license that is less than the total number of
3
live races which it conducted in 2017 at its racetrack
4
facility, the organization gaming licensee may not conduct
5
gaming pursuant to its organization gaming license for the
6
calendar year of such requested live races.
7

(e-4.1) Notwithstanding the provisions of Section 7.7 of
8
the Illinois Gambling Act or any provision of this Act other
9
than subsections (e-3) and (e-4.5), for each calendar year for
10
which an organization licensee requests racing dates for
11
standardbred racing which results in a number of live races
12
that is less than the total number of live races required in
13
subsection (e-1), the organization gaming licensee may not
14
conduct gaming pursuant to its organization gaming license for
15
the calendar year of such requested live races.
16

(e-4.5) The Board shall award the minimum live racing
17
guarantees contained in subsections (e-1), (e-2), and (e-3) to
18
ensure that each organization licensee shall individually run
19
a sufficient number of races per year to qualify for an
20
organization gaming license under this Act. The General
21
Assembly finds that the minimum live racing guarantees
22
contained in subsections (e-1), (e-2), and (e-3) are in the
23
best interest of the sport of horse racing, and that such
24
guarantees may only be reduced in the calendar year in which
25
they will be conducted in the limited circumstances described
26
in this subsection. The Board may decrease the number of

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racing days without affecting an organization licensee's
2
ability to conduct gaming pursuant to an organization gaming
3
license issued under the Illinois Gambling Act only if the
4
Board determines, after notice and hearing, that:
5

(i) a decrease is necessary to maintain a sufficient
6

number of betting interests per race to ensure the
7

integrity of racing;
8

(ii) there are unsafe track conditions due to weather
9

or acts of God;
10

(iii) there is an agreement between an organization
11

licensee and the breed association that is applicable to
12

the involved live racing guarantee, such association
13

representing either the largest number of thoroughbred
14

owners and trainers or the largest number of standardbred
15

owners, trainers and drivers who race horses at the
16

involved organization licensee's racing meeting, so long
17

as the agreement does not compromise the integrity of the
18

sport of horse racing; or
19

(iv) the horse population or purse levels are
20

insufficient to provide the number of racing opportunities
21

otherwise required in this Act.
22

In decreasing the number of racing dates in accordance
23
with this subsection, the Board shall hold a hearing and shall
24
provide the public and all interested parties notice and an
25
opportunity to be heard. The Board shall accept testimony from
26
all interested parties, including any association representing

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owners, trainers, jockeys, or drivers who will be affected by
2
the decrease in racing dates. The Board shall provide a
3
written explanation of the reasons for the decrease and the
4
Board's findings. The written explanation shall include a
5
listing and content of all communication between any party and
6
any Illinois Racing Board member or staff that does not take
7
place at a public meeting of the Board.
8

(e-5) In reviewing an application for the purpose of
9
granting an organization license consistent with the best
10
interests of the public and the sport of horse racing, the
11
Board shall consider:

12

(1) the character, reputation, experience, and
13

financial integrity of the applicant and of any other
14

separate person that either:

15

(i) controls the applicant, directly or
16

indirectly, or

17

(ii) is controlled, directly or indirectly, by
18

that applicant or by a person who controls, directly
19

or indirectly, that applicant;

20

(2) the applicant's facilities or proposed facilities
21

for conducting horse racing;

22

(3) the total revenue without regard to Section 32.1
23

to be derived by the State and horsemen from the
24

applicant's conducting a race meeting;

25

(4) the applicant's good faith affirmative action plan
26

to recruit, train, and upgrade minorities in all

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employment classifications;

2

(5) the applicant's financial ability to purchase and
3

maintain adequate liability and casualty insurance;

4

(6) the applicant's proposed and prior year's
5

promotional and marketing activities and expenditures of
6

the applicant associated with those activities;

7

(7) an agreement, if any, among organization licensees
8

as provided in subsection (b) of Section 21 of this Act;
9

and

10

(8) the extent to which the applicant exceeds or meets
11

other standards for the issuance of an organization
12

license that the Board shall adopt by rule.
13

In granting organization licenses and allocating dates for
14
horse race meetings, the Board shall have discretion to
15
determine an overall schedule, including required simulcasts
16
of Illinois races by host tracks that will, in its judgment, be
17
conducive to the best interests of the public and the sport of
18
horse racing.
19

(e-10) The Illinois Administrative Procedure Act shall
20
apply to administrative procedures of the Board under this Act
21
for the granting of an organization license, except that (1)
22
notwithstanding the provisions of subsection (b) of Section
23
10-40 of the Illinois Administrative Procedure Act regarding
24
cross-examination, the Board may prescribe rules limiting the
25
right of an applicant or participant in any proceeding to
26
award an organization license to conduct cross-examination of

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witnesses at that proceeding where that cross-examination
2
would unduly obstruct the timely award of an organization
3
license under subsection (e) of Section 20 of this Act; (2) the
4
provisions of Section 10-45 of the Illinois Administrative
5
Procedure Act regarding proposals for decision are excluded
6
under this Act; (3) notwithstanding the provisions of
7
subsection (a) of Section 10-60 of the Illinois Administrative
8
Procedure Act regarding ex parte communications, the Board may
9
prescribe rules allowing ex parte communications with
10
applicants or participants in a proceeding to award an
11
organization license where conducting those communications
12
would be in the best interest of racing, provided all those
13
communications are made part of the record of that proceeding
14
pursuant to subsection (c) of Section 10-60 of the Illinois
15
Administrative Procedure Act; (4) the provisions of Section
16
14a of this Act and the rules of the Board promulgated under
17
that Section shall apply instead of the provisions of Article
18
10 of the Illinois Administrative Procedure Act regarding
19
administrative law judges; and (5) the provisions of
20
subsection (d) of Section 10-65 of the Illinois Administrative
21
Procedure Act that prevent summary suspension of a license
22
pending revocation or other action shall not apply.
23

(f) The Board may allot racing dates to an organization
24
licensee for more than one calendar year but for no more than 3
25
successive calendar years in advance, provided that the Board
26
shall review such allotment for more than one calendar year

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prior to each year for which such allotment has been made. The
2
granting of an organization license to a person constitutes a
3
privilege to conduct a horse race meeting under the provisions
4
of this Act, and no person granted an organization license
5
shall be deemed to have a vested interest, property right, or
6
future expectation to receive an organization license in any
7
subsequent year as a result of the granting of an organization
8
license. Organization licenses shall be subject to revocation
9
if the organization licensee has violated any provision of
10
this Act or the rules and regulations promulgated under this
11
Act or has been convicted of a crime or has failed to disclose
12
or has stated falsely any information called for in the
13
application for an organization license. Any organization
14
license revocation proceeding shall be in accordance with
15
Section 16 regarding suspension and revocation of occupation
16
licenses.
17

(f-5) If, (i) an applicant does not file an acceptance of
18
the racing dates awarded by the Board as required under part
19
(1) of subsection (h) of this Section 20,
or
(ii) an
20
organization licensee has its license suspended or revoked
21
under this Act,
or (iii) an organization licensee surrenders
22
its license,
the Board, upon conducting an emergency hearing
23
as provided for in this Act, may reaward on an emergency basis
24
pursuant to rules established by the Board, racing dates not
25
accepted
,

or
the racing dates associated with any suspension
26
or revocation period
, or the racing dates following the

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surrender of an organization license
to one or more
2
organization licensees, new applicants, or any combination
3
thereof, upon terms and conditions that the Board determines
4
are in the best interest of racing, provided, the organization
5
licensees or new applicants receiving the awarded racing dates
6
file an acceptance of those reawarded racing dates as required
7
under paragraph (1) of subsection (h) of this Section 20 and
8
comply with the other provisions of this Act. The Illinois
9
Administrative Procedure Act shall not apply to the
10
administrative procedures of the Board in conducting the
11
emergency hearing and the reallocation of racing dates on an
12
emergency basis.
13

(g) (Blank).
14

(h) The Board shall send the applicant a copy of its
15
formally executed order by certified mail addressed to the
16
applicant at the address stated in
the applicant's

his

17
application, which notice shall be mailed within 5 days of the
18
date the formal order is executed.
19

Each applicant notified shall, within 10 days after
20
receipt of the final executed order of the Board awarding
21
racing dates:

22

(1) file with the Board an acceptance of such award in
23

the form prescribed by the Board;

24

(2) pay to the Board an additional amount equal to
25

$110 for each racing date awarded; and

26

(3) file with the Board the bonds required in Sections

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21 and 25 at least 20 days prior to the first day of each
2

race meeting.
3
Upon compliance with the provisions of paragraphs (1), (2),
4
and (3) of this subsection (h), the applicant shall be issued
5
an organization license.
6

If any applicant fails to comply with this Section or
7
fails to pay the organization license fees herein provided, no
8
organization license shall be issued to such applicant.
9
(Source: P.A. 101-31, eff. 6-28-19.)

10

(230 ILCS 5/24)

(from Ch. 8, par. 37-24)
11

Sec. 24.
(a) No license shall be issued to or held by an
12
organization licensee unless all of its officers, directors,
13
and holders of ownership interests of at least 5% are first
14
approved by the Board. The Board shall not give approval of an
15
organization license application to any person who has been
16
convicted of or is under an indictment for a crime of moral
17
turpitude or has violated any provision of the racing law of
18
this State or any rules of the Board.
19

(b) An organization licensee must notify the Board within
20
10 days of any change in the holders of a direct or indirect
21
interest in the ownership of the organization licensee. The
22
Board may, after hearing, revoke the organization license of
23
any person who registers on its books or knowingly permits a
24
direct or indirect interest in the ownership of that person
25
without notifying the Board of the name of the holder in

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interest within this period.
2

(c) In addition to the provisions of subsection (a) of
3
this Section, no person shall be granted an organization
4
license if any public official of the State or member of
the
5
public official's

his or her
family holds any ownership or
6
financial interest, directly or indirectly, in the person.
7

(d) No person which has been granted an organization
8
license to hold a race meeting shall give to any public
9
official or member of
the public official's

his
family,
10
directly or indirectly, for or without consideration, any
11
interest in the person. The Board shall, after hearing, revoke
12
the organization license granted to a person which has
13
violated this subsection.
14

(e) (Blank).
15

(f) No organization licensee or concessionaire or officer,
16
director or holder or controller of 5% or more legal or
17
beneficial interest in any organization licensee or concession
18
shall make any sort of gift or contribution that is prohibited
19
under Article 10 of the State Officials and Employees Ethics
20
Act or pay or give any money or other thing of value to any
21
person who is a public official, or a candidate or nominee for
22
public office if that payment or gift is prohibited under
23
Article 10 of the State Officials and Employees Ethics Act.
24
(Source: P.A. 101-31, eff. 6-28-19.)

25

(230 ILCS 5/26)

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

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Sec. 26.
Wagering.
2

(a) Any licensee may conduct and supervise the pari-mutuel
3
system of wagering, as defined in Section 3.12 of this Act, on
4
horse races conducted by an Illinois organization licensee or
5
conducted at a racetrack located in another state or country
6
in accordance with subsection (g) of Section 26 of this Act.
7
Subject to the prior consent of the Board, licensees may
8
supplement any pari-mutuel pool in order to guarantee a
9
minimum distribution. Such pari-mutuel method of wagering
10
shall not, under any circumstances if conducted under the
11
provisions of this Act, be held or construed to be unlawful,
12
other statutes of this State to the contrary notwithstanding.
13
Subject to rules for advance wagering promulgated by the
14
Board, any licensee may accept wagers in advance of the day the
15
race wagered upon occurs.
16

(b) Except for those gaming activities for which a license
17
is obtained and authorized under the Illinois Lottery Law, the
18
Charitable Games Act, the Raffles and Poker Runs Act, or the
19
Illinois Gambling Act, no other method of betting, pool
20
making, wagering or gambling shall be used or permitted by the
21
licensee. Each licensee may retain, subject to the payment of
22
all applicable taxes and purses, an amount not to exceed 17% of
23
all money wagered under subsection (a) of this Section, except
24
as may otherwise be permitted under this Act.
25

(b-5) An individual may place a wager under the
26
pari-mutuel system from any licensed location authorized under

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this Act provided that wager is electronically recorded in the
2
manner described in Section 3.12 of this Act. Any wager made
3
electronically by an individual while physically on the
4
premises of a licensee shall be deemed to have been made at the
5
premises of that licensee.
6

(c) (Blank).
7

(c-5) The sum held by any licensee for payment of
8
outstanding pari-mutuel tickets, if unclaimed prior to
9
December 31 of the next year, shall be retained by the licensee
10
for payment of such tickets until that date. Within 10 days
11
thereafter, the balance of such sum remaining unclaimed, less
12
any uncashed supplements contributed by such licensee for the
13
purpose of guaranteeing minimum distributions of any
14
pari-mutuel pool, shall be evenly distributed to the purse
15
account of the organization licensee and the organization
16
licensee, except that the balance of the sum of all
17
outstanding pari-mutuel tickets generated from simulcast
18
wagering and inter-track wagering by an organization licensee
19
located in a county with a population in excess of 230,000 and
20
borders the Mississippi River or any licensee that derives its
21
license from that organization licensee shall be evenly
22
distributed to the purse account of the organization licensee
23
and the organization licensee.
24

(d) A pari-mutuel ticket shall be honored until December
25
31 of the next calendar year, and the licensee shall pay the
26
same and may charge the amount thereof against unpaid money

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similarly accumulated on account of pari-mutuel tickets not
2
presented for payment.
3

(e) No licensee shall knowingly permit any minor, other
4
than an employee of such licensee or an owner, trainer,
5
jockey, driver, or employee thereof, to be admitted during a
6
racing program unless accompanied by a parent or guardian, or
7
any minor to be a patron of the pari-mutuel system of wagering
8
conducted or supervised by it. The admission of any
9
unaccompanied minor, other than an employee of the licensee or
10
an owner, trainer, jockey, driver, or employee thereof at a
11
race track is a Class C misdemeanor.
12

(f) Notwithstanding the other provisions of this Act, an
13
organization licensee may contract with an entity in another
14
state or country to permit any legal wagering entity in
15
another state or country to accept wagers solely within such
16
other state or country on races conducted by the organization
17
licensee in this State. Beginning January 1, 2000, these
18
wagers shall not be subject to State taxation. Until January
19
1, 2000, when the out-of-State entity conducts a pari-mutuel
20
pool separate from the organization licensee, a privilege tax
21
equal to 7 1/2% of all monies received by the organization
22
licensee from entities in other states or countries pursuant
23
to such contracts is imposed on the organization licensee, and
24
such privilege tax shall be remitted to the Department of
25
Revenue within 48 hours of receipt of the moneys from the
26
simulcast. When the out-of-State entity conducts a combined

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pari-mutuel pool with the organization licensee, the tax shall
2
be 10% of all monies received by the organization licensee
3
with 25% of the receipts from this 10% tax to be distributed to
4
the county in which the race was conducted.
5

An organization licensee may permit one or more of its
6
races to be utilized for pari-mutuel wagering at one or more
7
locations in other states and may transmit audio and visual
8
signals of races the organization licensee conducts to one or
9
more locations outside the State or country and may also
10
permit pari-mutuel pools in other states or countries to be
11
combined with its gross or net wagering pools or with wagering
12
pools established by other states.
13

(g) A host track may accept interstate simulcast wagers on
14
horse races conducted in other states or countries and shall
15
control the number of signals and types of breeds of racing in
16
its simulcast program, subject to the disapproval of the
17
Board. The Board may prohibit a simulcast program only if it
18
finds that the simulcast program is clearly adverse to the
19
integrity of racing. The host track simulcast program shall
20
include the signal of live racing of all organization
21
licensees. All non-host licensees and advance deposit wagering
22
licensees shall carry the signal of and accept wagers on live
23
racing of all organization licensees. Advance deposit wagering
24
licensees shall not be permitted to accept out-of-state wagers
25
on any Illinois signal provided pursuant to this Section
26
without the approval and consent of the organization licensee

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providing the signal. For one year after August 15, 2014 (the
2
effective date of Public Act 98-968), non-host licensees may
3
carry the host track simulcast program and shall accept wagers
4
on all races included as part of the simulcast program of horse
5
races conducted at race tracks located within North America
6
upon which wagering is permitted. For a period of one year
7
after August 15, 2014 (the effective date of Public Act
8
98-968), on horse races conducted at race tracks located
9
outside of North America, non-host licensees may accept wagers
10
on all races included as part of the simulcast program upon
11
which wagering is permitted. Beginning August 15, 2015 (one
12
year after the effective date of Public Act 98-968), non-host
13
licensees may carry the host track simulcast program and shall
14
accept wagers on all races included as part of the simulcast
15
program upon which wagering is permitted. All organization
16
licensees shall provide their live signal to all advance
17
deposit wagering licensees for a simulcast commission fee not
18
to exceed 6% of the advance deposit wagering licensee's
19
Illinois handle on the organization licensee's signal without
20
prior approval by the Board. The Board may adopt rules under
21
which it may permit simulcast commission fees in excess of 6%.
22
The Board shall adopt rules limiting the interstate commission
23
fees charged to an advance deposit wagering licensee. The
24
Board shall adopt rules regarding advance deposit wagering on
25
interstate simulcast races that shall reflect, among other
26
things, the General Assembly's desire to maximize revenues to

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

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permit interstate commission fees in excess of 5%. The
2
interstate commission fee and other fees charged by the
3
sending racetrack, including, but not limited to, satellite
4
decoder fees, shall be uniformly applied to the host track and
5
all non-host licensees.
6

Notwithstanding any other provision of this Act, an
7
organization licensee, with the consent of the horsemen
8
association representing the largest number of owners,
9
trainers, jockeys, or standardbred drivers who race horses at
10
that organization licensee's racing meeting, may maintain a
11
system whereby advance deposit wagering may take place or an
12
organization licensee, with the consent of the horsemen
13
association representing the largest number of owners,
14
trainers, jockeys, or standardbred drivers who race horses at
15
that organization licensee's racing meeting, may contract with
16
another person to carry out a system of advance deposit
17
wagering. Such consent may not be unreasonably withheld. Only
18
with respect to an appeal to the Board that consent for an
19
organization licensee that maintains its own advance deposit
20
wagering system is being unreasonably withheld, the Board
21
shall issue a final order within 30 days after initiation of
22
the appeal, and the organization licensee's advance deposit
23
wagering system may remain operational during that 30-day
24
period. The actions of any organization licensee who conducts
25
advance deposit wagering or any person who has a contract with
26
an organization licensee to conduct advance deposit wagering

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who conducts advance deposit wagering on or after January 1,
2
2013 and prior to June 7, 2013 (the effective date of Public
3
Act 98-18) taken in reliance on the changes made to this
4
subsection (g) by Public Act 98-18 are hereby validated,
5
provided payment of all applicable pari-mutuel taxes are
6
remitted to the Board. All advance deposit wagers placed from
7
within Illinois must be placed through a Board-approved
8
advance deposit wagering licensee; no other entity may accept
9
an advance deposit wager from a person within Illinois. All
10
advance deposit wagering is subject to any rules adopted by
11
the Board. The Board may adopt rules necessary to regulate
12
advance deposit wagering through the use of emergency
13
rulemaking in accordance with Section 5-45 of the Illinois
14
Administrative Procedure Act. The General Assembly finds that
15
the adoption of rules to regulate advance deposit wagering is
16
deemed an emergency and necessary for the public interest,
17
safety, and welfare. An advance deposit wagering licensee may
18
retain all moneys as agreed to by contract with an
19
organization licensee. Any moneys retained by the organization
20
licensee from advance deposit wagering, not including moneys
21
retained by the advance deposit wagering licensee, shall be
22
paid 50% to the organization licensee's purse account and 50%
23
to the organization licensee. With the exception of any
24
organization licensee that is owned by a publicly traded
25
company that is incorporated in a state other than Illinois
26
and advance deposit wagering licensees under contract with

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such organization licensees, organization licensees that
2
maintain advance deposit wagering systems and advance deposit
3
wagering licensees that contract with organization licensees
4
shall provide sufficiently detailed monthly accountings to the
5
horsemen association representing the largest number of
6
owners, trainers, jockeys, or standardbred drivers who race
7
horses at that organization licensee's racing meeting so that
8
the horsemen association, as an interested party, can confirm
9
the accuracy of the amounts paid to the purse account at the
10
horsemen association's affiliated organization licensee from
11
advance deposit wagering. If more than one breed races at the
12
same race track facility, then the 50% of the moneys to be paid
13
to an organization licensee's purse account shall be allocated
14
among all organization licensees' purse accounts operating at
15
that race track facility proportionately based on the actual
16
number of host days that the Board grants to that breed at that
17
race track facility in the current calendar year. To the
18
extent any fees from advance deposit wagering conducted in
19
Illinois for wagers in Illinois or other states have been
20
placed in escrow or otherwise withheld from wagers pending a
21
determination of the legality of advance deposit wagering, no
22
action shall be brought to declare such wagers or the
23
disbursement of any fees previously escrowed illegal.
24

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

inter-track wagering licensee other than the host track
26

may supplement the host track simulcast program with

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additional simulcast races or race programs, provided that
2

between January 1 and the third Friday in February of any
3

year, inclusive, if no live thoroughbred racing is
4

occurring in Illinois during this period, only
5

thoroughbred races may be used for supplemental interstate
6

simulcast purposes. The Board shall withhold approval for
7

a supplemental interstate simulcast only if it finds that
8

the simulcast is clearly adverse to the integrity of
9

racing. A supplemental interstate simulcast may be
10

transmitted from an inter-track wagering licensee to its
11

affiliated non-host licensees. The interstate commission
12

fee for a supplemental interstate simulcast shall be paid
13

by the non-host licensee and its affiliated non-host
14

licensees receiving the simulcast.
15

(2) Between the hours of 6:30 p.m. and 6:30 a.m. an
16

inter-track wagering licensee other than the host track
17

may receive supplemental interstate simulcasts only with
18

the consent of the host track, except when the Board finds
19

that the simulcast is clearly adverse to the integrity of
20

racing. Consent granted under this paragraph (2) to any
21

inter-track wagering licensee shall be deemed consent to
22

all non-host licensees. The interstate commission fee for
23

the supplemental interstate simulcast shall be paid by all
24

participating non-host licensees.
25

(3) Each licensee conducting interstate simulcast
26

wagering may retain, subject to the payment of all

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applicable taxes and the purses, an amount not to exceed
2

17% of all money wagered. If any licensee conducts the
3

pari-mutuel system wagering on races conducted at
4

racetracks in another state or country, each such race or
5

race program shall be considered a separate racing day for
6

the purpose of determining the daily handle and computing
7

the privilege tax of that daily handle as provided in
8

subsection (a) of Section 27. Until January 1, 2000, from
9

the sums permitted to be retained pursuant to this
10

subsection, each inter-track wagering location licensee
11

shall pay 1% of the pari-mutuel handle wagered on
12

simulcast wagering to the Horse Racing Tax Allocation
13

Fund, subject to the provisions of subparagraph (B) of
14

paragraph (11) of subsection (h) of Section 26 of this
15

Act.
16

(4) A licensee who receives an interstate simulcast
17

may combine its gross or net pools with pools at the
18

sending racetracks pursuant to rules established by the
19

Board. All licensees combining their gross pools at a
20

sending racetrack shall adopt the takeout percentages of
21

the sending racetrack. A licensee may also establish a
22

separate pool and takeout structure for wagering purposes
23

on races conducted at race tracks outside of the State of
24

Illinois. The licensee may permit pari-mutuel wagers
25

placed in other states or countries to be combined with
26

its gross or net wagering pools or other wagering pools.

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(5) After the payment of the interstate commission fee
2

(except for the interstate commission fee on a
3

supplemental interstate simulcast, which shall be paid by
4

the host track and by each non-host licensee through the
5

host track) and all applicable State and local taxes,
6

except as provided in subsection (g) of Section 27 of this
7

Act, the remainder of moneys retained from simulcast
8

wagering pursuant to this subsection (g), and Section 26.2
9

shall be divided as follows:
10

(A) For interstate simulcast wagers made at a host
11

track, 50% to the host track and 50% to purses at the
12

host track.
13

(B) For wagers placed on interstate simulcast
14

races, supplemental simulcasts as defined in
15

subparagraphs (1) and (2), and separately pooled races
16

conducted outside of the State of Illinois made at a
17

non-host licensee, 25% to the host track, 25% to the
18

non-host licensee, and 50% to the purses at the host
19

track.
20

(6) Notwithstanding any provision in this Act to the
21

contrary, non-host licensees who derive their licenses
22

from a track located in a county with a population in
23

excess of 230,000 and that borders the Mississippi River
24

may receive supplemental interstate simulcast races at all
25

times subject to Board approval, which shall be withheld
26

only upon a finding that a supplemental interstate

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simulcast is clearly adverse to the integrity of racing.
2

(7) Effective January 1, 2017, notwithstanding any
3

provision of this Act to the contrary, after payment of
4

all applicable State and local taxes and interstate
5

commission fees, non-host licensees who derive their
6

licenses from a track located in a county with a
7

population in excess of 230,000 and that borders the
8

Mississippi River shall retain 50% of the retention from
9

interstate simulcast wagers and shall pay 50% to purses at
10

the track from which the non-host licensee derives its
11

license.
12

(7.1) Notwithstanding any other provision of this Act
13

to the contrary, if no standardbred racing is conducted at
14

a racetrack located in Madison County during any calendar
15

year beginning on or after January 1, 2002, and the
16

licensee that conducts horse racing at that racetrack
17

requests from the Board at least as many racing dates as
18

were conducted in calendar year 2000, all moneys derived
19

by that racetrack from simulcast wagering and inter-track
20

wagering that (1) are to be used for purses and (2) are
21

generated between the hours of 6:30 p.m. and 6:30 a.m.
22

during that calendar year shall be paid as follows:
23

(A) Eighty percent shall be paid to its
24

thoroughbred purse account; and
25

(B) Twenty percent shall be deposited into the
26

Illinois Colt Stakes Purse Distribution Fund and shall

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be paid to purses for standardbred races for Illinois
2

conceived and foaled horses conducted at any county
3

fairgrounds. The moneys deposited into the Fund
4

pursuant to this subparagraph (B) shall be deposited
5

within 2 weeks after the day they were generated,
6

shall be in addition to and not in lieu of any other
7

moneys paid to standardbred purses under this Act, and
8

shall not be commingled with other moneys paid into
9

that Fund. The moneys deposited pursuant to this
10

subparagraph (B) shall be allocated as provided by the
11

Department of Agriculture, with the advice and
12

assistance of the Illinois Standardbred Breeders Fund
13

Advisory Board.
14

(7.2) Notwithstanding any other provision of this Act
15

to the contrary, if no thoroughbred racing is conducted at
16

a racetrack located in Madison County during any calendar
17

year beginning on or after January 1, 2002, and the
18

licensee that conducts horse racing at that racetrack
19

requests from the Board at least as many racing dates as
20

were conducted in calendar year 2000, all moneys derived
21

by that racetrack from simulcast wagering and inter-track
22

wagering that (1) are to be used for purses and (2) are
23

generated between the hours of 6:30 a.m. and 6:30 p.m.
24

during that calendar year shall be deposited as follows:
25

(A) Eighty percent shall be deposited into its
26

standardbred purse account; and

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(B) Twenty percent shall be deposited into the
2

Illinois Colt Stakes Purse Distribution Fund. Moneys
3

deposited into the Illinois Colt Stakes Purse
4

Distribution Fund pursuant to this subparagraph (B)
5

shall be paid to Illinois conceived and foaled
6

thoroughbred breeders' programs and to thoroughbred
7

purses for races conducted at any county fairgrounds
8

for Illinois conceived and foaled horses at the
9

discretion of the Department of Agriculture, with the
10

advice and assistance of the Illinois Thoroughbred
11

Breeders Fund Advisory Board. The moneys deposited
12

into the Illinois Colt Stakes Purse Distribution 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 thoroughbred purses under this Act, and
17

shall not be commingled with other moneys deposited
18

into that Fund.
19

(8) Notwithstanding any provision in this Act to the
20

contrary, an organization licensee from a track located in
21

a county with a population in excess of 230,000 and that
22

borders the Mississippi River and its affiliated non-host
23

licensees shall not be entitled to share in any retention
24

generated on racing, inter-track wagering, or simulcast
25

wagering at any other Illinois wagering facility.
26

(8.1) Notwithstanding any provisions in this Act to

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the contrary, if 2 organization licensees are conducting
2

standardbred race meetings concurrently between the hours
3

of 6:30 p.m. and 6:30 a.m., after payment of all
4

applicable State and local taxes and interstate commission
5

fees, the remainder of the amount retained from simulcast
6

wagering otherwise attributable to the host track and to
7

host track purses shall be split daily between the 2
8

organization licensees and the purses at the tracks of the
9

2 organization licensees, respectively, based on each
10

organization licensee's share of the total live handle for
11

that day, provided that this provision shall not apply to
12

any non-host licensee that derives its license from a
13

track located in a county with a population in excess of
14

230,000 and that borders the Mississippi River.
15

(9) (Blank).
16

(10) (Blank).
17

(11) (Blank).
18

(12) The Board shall have authority to compel all host
19

tracks to receive the simulcast of any or all races
20

conducted at the Springfield or DuQuoin State fairgrounds
21

and include all such races as part of their simulcast
22

programs.
23

(13) Notwithstanding any other provision of this Act,
24

in the event that the total Illinois pari-mutuel handle on
25

Illinois horse races at all wagering facilities in any
26

calendar year is less than 75% of the total Illinois

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pari-mutuel handle on Illinois horse races at all such
2

wagering facilities for calendar year 1994, then each
3

wagering facility that has an annual total Illinois
4

pari-mutuel handle on Illinois horse races that is less
5

than 75% of the total Illinois pari-mutuel handle on
6

Illinois horse races at such wagering facility for
7

calendar year 1994, shall be permitted to receive, from
8

any amount otherwise payable to the purse account at the
9

race track with which the wagering facility is affiliated
10

in the succeeding calendar year, an amount equal to 2% of
11

the differential in total Illinois pari-mutuel handle on
12

Illinois horse races at the wagering facility between that
13

calendar year in question and 1994 provided, however, that
14

a wagering facility shall not be entitled to any such
15

payment until the Board certifies in writing to the
16

wagering facility the amount to which the wagering
17

facility is entitled and a schedule for payment of the
18

amount to the wagering facility, based on: (i) the racing
19

dates awarded to the race track affiliated with the
20

wagering facility during the succeeding year; (ii) the
21

sums available or anticipated to be available in the purse
22

account of the race track affiliated with the wagering
23

facility for purses during the succeeding year; and (iii)
24

the need to ensure reasonable purse levels during the
25

payment period. The Board's certification shall be
26

provided no later than January 31 of the succeeding year.

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In the event a wagering facility entitled to a payment
2

under this paragraph (13) is affiliated with a race track
3

that maintains purse accounts for both standardbred and
4

thoroughbred racing, the amount to be paid to the wagering
5

facility shall be divided between each purse account pro
6

rata, based on the amount of Illinois handle on Illinois
7

standardbred and thoroughbred racing respectively at the
8

wagering facility during the previous calendar year.
9

Annually, the General Assembly shall appropriate
10

sufficient funds from the General Revenue Fund to the
11

Department of Agriculture for payment into the
12

thoroughbred and standardbred horse racing purse accounts
13

at Illinois pari-mutuel tracks. The amount paid to each
14

purse account shall be the amount certified by the
15

Illinois Racing Board in January to be transferred from
16

each account to each eligible racing facility in
17

accordance with the provisions of this Section. Beginning
18

in the calendar year in which an organization licensee
19

that is eligible to receive payment under this paragraph
20

(13) begins to receive funds from gaming pursuant to an
21

organization gaming license issued under the Illinois
22

Gambling Act, the amount of the payment due to all
23

wagering facilities licensed under that organization
24

licensee under this paragraph (13) shall be the amount
25

certified by the Board in January of that year. An
26

organization licensee and its related wagering facilities

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shall no longer be able to receive payments under this
2

paragraph (13) beginning in the year subsequent to the
3

first year in which the organization licensee begins to
4

receive funds from gaming pursuant to an organization
5

gaming license issued under the Illinois Gambling Act.
6

(h) The Board may approve and license the conduct of
7
inter-track wagering and simulcast wagering by inter-track
8
wagering licensees and inter-track wagering location licensees
9
subject to the following terms and conditions:
10

(1) Any person licensed to conduct a race meeting (i)
11

at a track where 60 or more days of racing were conducted
12

during the immediately preceding calendar year or where
13

over the 5 immediately preceding calendar years an average
14

of 30 or more days of racing were conducted annually may be
15

issued an inter-track wagering license; (ii) at a track
16

located in a county that is bounded by the Mississippi
17

River, which has a population of less than 150,000
18

according to the 1990 decennial census, and an average of
19

at least 60 days of racing per year between 1985 and 1993
20

may be issued an inter-track wagering license; (iii) at a
21

track awarded standardbred racing dates; or (iv) at a
22

track located in Madison County that conducted at least
23

100 days of live racing during the immediately preceding
24

calendar year may be issued an inter-track wagering
25

license, unless a lesser schedule of live racing is the
26

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

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acts of God; (B) an agreement between the organization
2

licensee and the associations representing the largest
3

number of owners, trainers, jockeys, or standardbred
4

drivers who race horses at that organization licensee's
5

racing meeting; or (C) a finding by the Board of
6

extraordinary circumstances and that it was in the best
7

interest of the public and the sport to conduct fewer than
8

100 days of live racing. Any such person having operating
9

control of the racing facility may receive inter-track
10

wagering location licenses. An eligible race track located
11

in a county that has a population of more than 230,000 and
12

that is bounded by the Mississippi River may establish up
13

to 9 inter-track wagering locations, an eligible race
14

track located in Stickney Township in Cook County may
15

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

eligible race track located in Palatine Township in Cook
17

County may establish up to 18 inter-track wagering
18

locations. An eligible racetrack conducting standardbred
19

racing may have up to 16 inter-track wagering locations.
20

An application for said license shall be filed with the
21

Board prior to such dates as may be fixed by the Board.
22

With an application for an inter-track wagering location
23

license there shall be delivered to the Board a certified
24

check or bank draft payable to the order of the Board for
25

an amount equal to $500. The application shall be on forms
26

prescribed and furnished by the Board. The application

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shall comply with all other rules, regulations and
2

conditions imposed by the Board in connection therewith.
3

(2) The Board shall examine the applications with
4

respect to their conformity with this Act and the rules
5

and regulations imposed by the Board. If found to be in
6

compliance with the Act and rules and regulations of the
7

Board, the Board may then issue a license to conduct
8

inter-track wagering and simulcast wagering to such
9

applicant. All such applications shall be acted upon by
10

the Board at a meeting to be held on such date as may be
11

fixed by the Board.
12

(3) In granting licenses to conduct inter-track
13

wagering and simulcast wagering, the Board shall give due
14

consideration to the best interests of the public, of
15

horse racing, and of maximizing revenue to the State.
16

(4) Prior to the issuance of a license to conduct
17

inter-track wagering and simulcast wagering, the applicant
18

shall file with the Board a bond payable to the State of
19

Illinois in the sum of $50,000, executed by the applicant
20

and a surety company or companies authorized to do
21

business in this State, and conditioned upon (i) the
22

payment by the licensee of all taxes due under Section 27
23

or 27.1 and any other monies due and payable under this
24

Act, and (ii) distribution by the licensee, upon
25

presentation of the winning ticket or tickets, of all sums
26

payable to the patrons of pari-mutuel pools.

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(5) Each license to conduct inter-track wagering and
2

simulcast wagering shall specify the person to whom it is
3

issued, the dates on which such wagering is permitted, and
4

the track or location where the wagering is to be
5

conducted.
6

(6) All wagering under such license is subject to this
7

Act and to the rules and regulations from time to time
8

prescribed by the Board, and every such license issued by
9

the Board shall contain a recital to that effect.
10

(7) An inter-track wagering licensee or inter-track
11

wagering location licensee may accept wagers at the track
12

or location where it is licensed, or as otherwise provided
13

under this Act.
14

(8) Inter-track wagering or simulcast wagering shall
15

not be conducted at any track less than 4 miles from a
16

track at which a racing meeting is in progress.
17

(8.1) Inter-track wagering location licensees who
18

derive their licenses from a particular organization
19

licensee shall conduct inter-track wagering and simulcast
20

wagering only at locations that are within 160 miles of
21

that race track where the particular organization licensee
22

is licensed to conduct racing. However, inter-track
23

wagering and simulcast wagering shall not be conducted by
24

those licensees at any location within 5 miles of any race
25

track at which a horse race meeting has been licensed in
26

the current year, unless the person having operating

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control of such race track has given its written consent
2

to such inter-track wagering location licensees, which
3

consent must be filed with the Board at or prior to the
4

time application is made. In the case of any inter-track
5

wagering location licensee initially licensed after
6

December 31, 2013, inter-track wagering and simulcast
7

wagering shall not be conducted by those inter-track
8

wagering location licensees that are located outside the
9

City of Chicago at any location within 8 miles of any race
10

track at which a horse race meeting has been licensed in
11

the current year, unless the person having operating
12

control of such race track has given its written consent
13

to such inter-track wagering location licensees, which
14

consent must be filed with the Board at or prior to the
15

time application is made.
16

(8.2) Inter-track wagering or simulcast wagering shall
17

not be conducted by an inter-track wagering location
18

licensee at any location within 100 feet of an existing
19

church, an existing elementary or secondary public school,
20

or an existing elementary or secondary private school
21

registered with or recognized by the State Board of
22

Education. The distance of 100 feet shall be measured to
23

the nearest part of any building used for worship
24

services, education programs, or conducting inter-track
25

wagering by an inter-track wagering location licensee, and
26

not to property boundaries. However, inter-track wagering

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or simulcast wagering may be conducted at a site within
2

100 feet of a church or school if such church or school has
3

been erected or established after the Board issues the
4

original inter-track wagering location license at the site
5

in question. Inter-track wagering location licensees may
6

conduct inter-track wagering and simulcast wagering only
7

in areas that are zoned for commercial or manufacturing
8

purposes or in areas for which a special use has been
9

approved by the local zoning authority. However, no
10

license to conduct inter-track wagering and simulcast
11

wagering shall be granted by the Board with respect to any
12

inter-track wagering location within the jurisdiction of
13

any local zoning authority which has, by ordinance or by
14

resolution, prohibited the establishment of an inter-track
15

wagering location within its jurisdiction. However,
16

inter-track wagering and simulcast wagering may be
17

conducted at a site if such ordinance or resolution is
18

enacted after the Board licenses the original inter-track
19

wagering location licensee for the site in question.
20

(9) (Blank).
21

(10) An inter-track wagering licensee or an
22

inter-track wagering location licensee may retain, subject
23

to the payment of the privilege taxes and the purses, an
24

amount not to exceed 17% of all money wagered. Each
25

program of racing conducted by each inter-track wagering
26

licensee or inter-track wagering location licensee shall

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be considered a separate racing day for the purpose of
2

determining the daily handle and computing the privilege
3

tax or pari-mutuel tax on such daily handle as provided in
4

Section 27.
5

(10.1) Except as provided in subsection (g) of Section
6

27 of this Act, inter-track wagering location licensees
7

shall pay 1% of the pari-mutuel handle at each location to
8

the municipality in which such location is situated and 1%
9

of the pari-mutuel handle at each location to the county
10

in which such location is situated. In the event that an
11

inter-track wagering location licensee is situated in an
12

unincorporated area of a county, such licensee shall pay
13

2% of the pari-mutuel handle from such location to such
14

county. Inter-track wagering location licensees must pay
15

the handle percentage required under this paragraph to the
16

municipality and county no later than the 20th of the
17

month following the month such handle was generated.
18

(10.2) Notwithstanding any other provision of this
19

Act, with respect to inter-track wagering at a race track
20

located in a county that has a population of more than
21

230,000 and that is bounded by the Mississippi River ("the
22

first race track"), or at a facility operated by an
23

inter-track wagering licensee or inter-track wagering
24

location licensee that derives its license from the
25

organization licensee that operates the first race track,
26

on races conducted at the first race track or on races

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conducted at another Illinois race track and
2

simultaneously televised to the first race track or to a
3

facility operated by an inter-track wagering licensee or
4

inter-track wagering location licensee that derives its
5

license from the organization licensee that operates the
6

first race track, those moneys shall be allocated as
7

follows:
8

(A) That portion of all moneys wagered on
9

standardbred racing that is required under this Act to
10

be paid to purses shall be paid to purses for
11

standardbred races.
12

(B) That portion of all moneys wagered on
13

thoroughbred racing that is required under this Act to
14

be paid to purses shall be paid to purses for
15

thoroughbred races.
16

(11) (A) After payment of the privilege or pari-mutuel
17

tax, any other applicable taxes, and the costs and
18

expenses in connection with the gathering, transmission,
19

and dissemination of all data necessary to the conduct of
20

inter-track wagering, the remainder of the monies retained
21

under either Section 26 or Section 26.2 of this Act by the
22

inter-track wagering licensee on inter-track wagering
23

shall be allocated with 50% to be split between the 2
24

participating licensees and 50% to purses, except that an
25

inter-track wagering licensee that derives its license
26

from a track located in a county with a population in

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excess of 230,000 and that borders the Mississippi River
2

shall not divide any remaining retention with the Illinois
3

organization licensee that provides the race or races, and
4

an inter-track wagering licensee that accepts wagers on
5

races conducted by an organization licensee that conducts
6

a race meet in a county with a population in excess of
7

230,000 and that borders the Mississippi River shall not
8

divide any remaining retention with that organization
9

licensee.
10

(B) From the sums permitted to be retained pursuant to
11

this Act each inter-track wagering location licensee shall
12

pay (i) the privilege or pari-mutuel tax to the State;
13

(ii) 4.75% of the pari-mutuel handle on inter-track
14

wagering at such location on races as purses, except that
15

an inter-track wagering location licensee that derives its
16

license from a track located in a county with a population
17

in excess of 230,000 and that borders the Mississippi
18

River shall retain all purse moneys for its own purse
19

account consistent with distribution set forth in this
20

subsection (h), and inter-track wagering location
21

licensees that accept wagers on races conducted by an
22

organization licensee located in a county with a
23

population in excess of 230,000 and that borders the
24

Mississippi River shall distribute all purse moneys to
25

purses at the operating host track; (iii) until January 1,
26

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

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of this Act, 1% of the pari-mutuel handle wagered on
2

inter-track wagering and simulcast wagering at each
3

inter-track wagering location licensee facility to the
4

Horse Racing Tax Allocation Fund, provided that, to the
5

extent the total amount collected and distributed to the
6

Horse Racing Tax Allocation Fund under this subsection (h)
7

during any calendar year exceeds the amount collected and
8

distributed to the Horse Racing Tax Allocation Fund during
9

calendar year 1994, that excess amount shall be
10

redistributed (I) to all inter-track wagering location
11

licensees, based on each licensee's pro rata share of the
12

total handle from inter-track wagering and simulcast
13

wagering for all inter-track wagering location licensees
14

during the calendar year in which this provision is
15

applicable; then (II) the amounts redistributed to each
16

inter-track wagering location licensee as described in
17

subpart (I) shall be further redistributed as provided in
18

subparagraph (B) of paragraph (5) of subsection (g) of
19

this Section 26 provided first, that the shares of those
20

amounts, which are to be redistributed to the host track
21

or to purses at the host track under subparagraph (B) of
22

paragraph (5) of subsection (g) of this Section 26 shall
23

be redistributed based on each host track's pro rata share
24

of the total inter-track wagering and simulcast wagering
25

handle at all host tracks during the calendar year in
26

question, and second, that any amounts redistributed as

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described in part (I) to an inter-track wagering location
2

licensee that accepts wagers on races conducted by an
3

organization licensee that conducts a race meet in a
4

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

borders the Mississippi River shall be further
6

redistributed, effective January 1, 2017, as provided in
7

paragraph (7) of subsection (g) of this Section 26, with
8

the portion of that further redistribution allocated to
9

purses at that organization licensee to be divided between
10

standardbred purses and thoroughbred purses based on the
11

amounts otherwise allocated to purses at that organization
12

licensee during the calendar year in question; and (iv) 8%
13

of the pari-mutuel handle on inter-track wagering wagered
14

at such location to satisfy all costs and expenses of
15

conducting its wagering. The remainder of the monies
16

retained by the inter-track wagering location licensee
17

shall be allocated 40% to the location licensee and 60% to
18

the organization licensee which provides the Illinois
19

races to the location, except that an inter-track wagering
20

location licensee that derives its license from a track
21

located in a county with a population in excess of 230,000
22

and that borders the Mississippi River shall not divide
23

any remaining retention with the organization licensee
24

that provides the race or races and an inter-track
25

wagering location licensee that accepts wagers on races
26

conducted by an organization licensee that conducts a race

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meet in a county with a population in excess of 230,000 and
2

that borders the Mississippi River shall not divide any
3

remaining retention with the organization licensee.
4

Notwithstanding the provisions of clauses (ii) and (iv) of
5

this paragraph, in the case of the additional inter-track
6

wagering location licenses authorized under paragraph (1)
7

of this subsection (h) by Public Act 87-110, those
8

licensees shall pay the following amounts as purses:
9

during the first 12 months the licensee is in operation,
10

5.25% of the pari-mutuel handle wagered at the location on
11

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

third 12 months, 5.75%; during the fourth 12 months,
13

6.25%; and during the fifth 12 months and thereafter,
14

6.75%. The following amounts shall be retained by the
15

licensee to satisfy all costs and expenses of conducting
16

its wagering: during the first 12 months the licensee is
17

in operation, 8.25% of the pari-mutuel handle wagered at
18

the location; during the second 12 months, 8.25%; during
19

the third 12 months, 7.75%; during the fourth 12 months,
20

7.25%; and during the fifth 12 months and thereafter,
21

6.75%. For additional inter-track wagering location
22

licensees authorized under Public Act 89-16, purses for
23

the first 12 months the licensee is in operation shall be
24

5.75% of the pari-mutuel wagered at the location, purses
25

for the second 12 months the licensee is in operation
26

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

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additional inter-track location licensees authorized under
2

Public Act 89-16, the licensee shall be allowed to retain
3

to satisfy all costs and expenses: 7.75% of the
4

pari-mutuel handle wagered at the location during its
5

first 12 months of operation, 7.25% during its second 12
6

months of operation, and 6.75% thereafter.
7

(C) There is hereby created the Horse Racing Tax
8

Allocation Fund which shall remain in existence until
9

December 31, 1999. Moneys remaining in the Fund after
10

December 31, 1999 shall be paid into the General Revenue
11

Fund. Until January 1, 2000, all monies paid into the
12

Horse Racing Tax Allocation Fund pursuant to this
13

paragraph (11) by inter-track wagering location licensees
14

located in park districts of 500,000 population or less,
15

or in a municipality that is not included within any park
16

district but is included within a conservation district
17

and is the county seat of a county that (i) is contiguous
18

to the state of Indiana and (ii) has a 1990 population of
19

88,257 according to the United States Bureau of the
20

Census, and operating on May 1, 1994 shall be allocated by
21

appropriation as follows:
22

Two-sevenths to the Department of Agriculture.
23

Fifty percent of this two-sevenths shall be used to
24

promote the Illinois horse racing and breeding
25

industry, and shall be distributed by the Department
26

of Agriculture upon the advice of a 9-member committee

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appointed by the Governor consisting of the following
2

members: the Director of Agriculture, who shall serve
3

as chairman; 2 representatives of organization
4

licensees conducting thoroughbred race meetings in
5

this State, recommended by those licensees; 2
6

representatives of organization licensees conducting
7

standardbred race meetings in this State, recommended
8

by those licensees; a representative of the Illinois
9

Thoroughbred Breeders and Owners Foundation,
10

recommended by that Foundation; a representative of
11

the Illinois Standardbred Owners and Breeders
12

Association, recommended by that Association; a
13

representative of the Horsemen's Benevolent and
14

Protective Association or any successor organization
15

thereto established in Illinois comprised of the
16

largest number of owners and trainers, recommended by
17

that Association or that successor organization; and a
18

representative of the Illinois Harness Horsemen's
19

Association, recommended by that Association.
20

Committee members shall serve for terms of 2 years,
21

commencing January 1 of each even-numbered year. If a
22

representative of any of the above-named entities has
23

not been recommended by January 1 of any even-numbered
24

year, the Governor shall appoint a committee member to
25

fill that position. Committee members shall receive no
26

compensation for their services as members but shall

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be reimbursed for all actual and necessary expenses
2

and disbursements incurred in the performance of their
3

official duties. The remaining 50% of this
4

two-sevenths shall be distributed to county fairs for
5

premiums and rehabilitation as set forth in the
6

Agricultural Fair Act;
7

Four-sevenths to park districts or municipalities
8

that do not have a park district of 500,000 population
9

or less for museum purposes (if an inter-track
10

wagering location licensee is located in such a park
11

district) or to conservation districts for museum
12

purposes (if an inter-track wagering location licensee
13

is located in a municipality that is not included
14

within any park district but is included within a
15

conservation district and is the county seat of a
16

county that (i) is contiguous to the state of Indiana
17

and (ii) has a 1990 population of 88,257 according to
18

the United States Bureau of the Census, except that if
19

the conservation district does not maintain a museum,
20

the monies shall be allocated equally between the
21

county and the municipality in which the inter-track
22

wagering location licensee is located for general
23

purposes) or to a municipal recreation board for park
24

purposes (if an inter-track wagering location licensee
25

is located in a municipality that is not included
26

within any park district and park maintenance is the

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function of the municipal recreation board and the
2

municipality has a 1990 population of 9,302 according
3

to the United States Bureau of the Census); provided
4

that the monies are distributed to each park district
5

or conservation district or municipality that does not
6

have a park district in an amount equal to
7

four-sevenths of the amount collected by each
8

inter-track wagering location licensee within the park
9

district or conservation district or municipality for
10

the Fund. Monies that were paid into the Horse Racing
11

Tax Allocation Fund before August 9, 1991 (the
12

effective date of Public Act 87-110) by an inter-track
13

wagering location licensee located in a municipality
14

that is not included within any park district but is
15

included within a conservation district as provided in
16

this paragraph shall, as soon as practicable after
17

August 9, 1991 (the effective date of Public Act
18

87-110), be allocated and paid to that conservation
19

district as provided in this paragraph. Any park
20

district or municipality not maintaining a museum may
21

deposit the monies in the corporate fund of the park
22

district or municipality where the inter-track
23

wagering location is located, to be used for general
24

purposes; and
25

One-seventh to the Agricultural Premium Fund to be
26

used for distribution to agricultural home economics

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extension councils in accordance with "An Act in
2

relation to additional support and finances for the
3

Agricultural and Home Economic Extension Councils in
4

the several counties of this State and making an
5

appropriation therefor", approved July 24, 1967.
6

Until January 1, 2000, all other monies paid into the
7

Horse Racing Tax Allocation Fund pursuant to this
8

paragraph (11) shall be allocated by appropriation as
9

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

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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 museums and aquariums located in
22

park districts of over 500,000 population; provided
23

that the monies are distributed in accordance with the
24

previous year's distribution of the maintenance tax
25

for such museums and aquariums as provided in Section
26

2 of the Park District Aquarium and Museum Act; and

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One-seventh to the Agricultural Premium Fund to be
2

used for distribution to agricultural home economics
3

extension councils in accordance with "An Act in
4

relation to additional support and finances for the
5

Agricultural and Home Economic Extension Councils in
6

the several counties of this State and making an
7

appropriation therefor", approved July 24, 1967. This
8

subparagraph (C) shall be inoperative and of no force
9

and effect on and after January 1, 2000.
10

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

subsection (h), with respect to purse allocation from
12

inter-track wagering, the monies so retained shall be
13

divided as follows:
14

(i) If the inter-track wagering licensee,
15

except an inter-track wagering licensee that
16

derives its license from an organization licensee
17

located in a county with a population in excess of
18

230,000 and bounded by the Mississippi River, is
19

not conducting its own race meeting during the
20

same dates, then the entire purse allocation shall
21

be to purses at the track where the races wagered
22

on are being conducted.
23

(ii) If the inter-track wagering licensee,
24

except an inter-track wagering licensee that
25

derives its license from an organization licensee
26

located in a county with a population in excess of

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230,000 and bounded by the Mississippi River, is
2

also conducting its own race meeting during the
3

same dates, then the purse allocation shall be as
4

follows: 50% to purses at the track where the
5

races wagered on are being conducted; 50% to
6

purses at the track where the inter-track wagering
7

licensee is accepting such wagers.
8

(iii) If the inter-track wagering is being
9

conducted by an inter-track wagering location
10

licensee, except an inter-track wagering location
11

licensee that derives its license from an
12

organization licensee located in a county with a
13

population in excess of 230,000 and bounded by the
14

Mississippi River, the entire purse allocation for
15

Illinois races shall be to purses at the track
16

where the race meeting being wagered on is being
17

held.
18

(12) The Board shall have all powers necessary and
19

proper to fully supervise and control the conduct of
20

inter-track wagering and simulcast wagering by inter-track
21

wagering licensees and inter-track wagering location
22

licensees, including, but not limited to, the following:
23

(A) The Board is vested with power to promulgate
24

reasonable rules and regulations for the purpose of
25

administering the conduct of this wagering and to
26

prescribe reasonable rules, regulations and conditions

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under which such wagering shall be held and conducted.
2

Such rules and regulations are to provide for the
3

prevention of practices detrimental to the public
4

interest and for the best interests of said wagering
5

and to impose penalties for violations thereof.
6

(B) The Board, and any person or persons to whom it
7

delegates this power, is vested with the power to
8

enter the facilities of any licensee to determine
9

whether there has been compliance with the provisions
10

of this Act and the rules and regulations relating to
11

the conduct of such wagering.
12

(C) The Board, and any person or persons to whom it
13

delegates this power, may eject or exclude from any
14

licensee's facilities, any person whose conduct or
15

reputation is such that his presence on such premises
16

may, in the opinion of the Board, call into the
17

question the honesty and integrity of, or interfere
18

with the orderly conduct of such wagering; provided,
19

however, that no person shall be excluded or ejected
20

from such premises solely on the grounds of race,
21

color, creed, national origin, ancestry, or sex.
22

(D) (Blank).
23

(E) The Board is vested with the power to appoint
24

delegates to execute any of the powers granted to it
25

under this Section for the purpose of administering
26

this wagering and any rules and regulations

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promulgated in accordance with this Act.
2

(F) The Board shall name and appoint a State
3

director of this wagering who shall be a
4

representative of the Board and whose duty it shall be
5

to supervise the conduct of inter-track wagering as
6

may be provided for by the rules and regulations of the
7

Board; such rules and regulation shall specify the
8

method of appointment and the Director's powers,
9

authority and duties. The Board may appoint the
10

Director of Mutuels to also serve as the State
11

director of this wagering.
12

(G) The Board is vested with the power to impose
13

civil penalties of up to
$10,000

$5,000
against
14

individuals and up to
$25,000

$10,000
against
15

licensees for each violation of any provision of this
16

Act relating to the conduct of this wagering, any
17

rules adopted by the Board, any order of the Board or
18

any other action which in the Board's discretion, is a
19

detriment or impediment to such wagering.
20

(13) The Department of Agriculture may enter into
21

agreements with licensees authorizing such licensees to
22

conduct inter-track wagering on races to be held at the
23

licensed race meetings conducted by the Department of
24

Agriculture. Such agreement shall specify the races of the
25

Department of Agriculture's licensed race meeting upon
26

which the licensees will conduct wagering. In the event

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that a licensee conducts inter-track pari-mutuel wagering
2

on races from the Illinois State Fair or DuQuoin State
3

Fair which are in addition to the licensee's previously
4

approved racing program, those races shall be considered a
5

separate racing day for the purpose of determining the
6

daily handle and computing the privilege or pari-mutuel
7

tax on that daily handle as provided in Sections 27 and
8

27.1. Such agreements shall be approved by the Board
9

before such wagering may be conducted. In determining
10

whether to grant approval, the Board shall give due
11

consideration to the best interests of the public and of
12

horse racing. The provisions of paragraphs (1), (8),
13

(8.1), and (8.2) of subsection (h) of this Section which
14

are not specified in this paragraph (13) shall not apply
15

to licensed race meetings conducted by the Department of
16

Agriculture at the Illinois State Fair in Sangamon County
17

or the DuQuoin State Fair in Perry County, or to any
18

wagering conducted on those race meetings.
19

(14) An inter-track wagering location license
20

authorized by the Board in 2016 that is owned and operated
21

by a race track in Rock Island County shall be transferred
22

to a commonly owned race track in Cook County on August 12,
23

2016 (the effective date of Public Act 99-757). The
24

licensee shall retain its status in relation to purse
25

distribution under paragraph (11) of this subsection (h)
26

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

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tax credit under Section 32.1 shall not be applied toward
2

any pari-mutuel tax obligation of the inter-track wagering
3

location licensee of the license that is transferred under
4

this paragraph (14).
5

(i) Notwithstanding the other provisions of this Act, the
6
conduct of wagering at wagering facilities is authorized on
7
all days, except as limited by subsection (b) of Section 19 of
8
this Act.
9
(Source: P.A. 104-185, eff. 8-15-25.)

10

(230 ILCS 5/27.2)
11

Sec. 27.2.
Withholding of delinquent child support.
12

(a) From winnings required to be reported to the Internal
13
Revenue Service and subject to withholding on Form W-2G,
14
organization licensees and advance deposit wagering licensees
15
licensed under this Act shall withhold up to the full amount of
16
winnings necessary to pay the winner's past due child support
17
amount as certified by the Department of Healthcare and Family
18
Services under Section 10-17.15 of the Illinois Public Aid
19
Code. Amounts withheld shall be paid to the Department of
20
Healthcare and Family Services by the organization licensee or
21
the advance deposit wagering licensee, as applicable.
22

(b) For withholding of winnings, the organization licensee
23
or advance deposit wagering licensee shall be entitled to an
24
administrative fee not to exceed the lesser of 4% of the total
25
amount of cash winnings paid to the gambling winner or $150.

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(c) In no event may the total amount withheld from the cash
2
payout, including the administrative fee, exceed the total
3
cash winnings claimed by the obligor. If the cash payout
4
claimed is greater than the amount sufficient to satisfy the
5
obligor's delinquent child support payments, the organization
6
licensee or advance deposit wagering licensee shall pay the
7
obligor the remaining balance of the payout, less the
8
administrative fee authorized by subsection (b) of this
9
Section, at the time it is claimed.
10

(d) An organization licensee or an advance deposit
11
wagering licensee that in good faith complies with the
12
requirements of this Section shall not be liable to the gaming
13
winner or any other individual or entity.
14

(e) For an organization licensee under this Act, an agent
15
of the Board (such as an employee of the Board) shall be
16
responsible for notifying the person identified as being
17
delinquent in child support payments that the organization
18
licensee is required by law to withhold all or a portion of
the
19
person's

his or her
winnings. This notification must be
20
provided at the time the winnings are withheld.
21

(f) The provisions of this Section shall be operative on
22
and after the date that rules are adopted by the Department of
23
Healthcare and Family Services pursuant to Section 10-17.15 of
24
the Illinois Public Aid Code.
25

(g) The delinquent child support required to be withheld
26
under this Section and the administrative fee under subsection

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1
(b) of this Section have priority over any secured or
2
unsecured claim on cash winnings, except claims for federal or
3
State taxes that are required to be withheld under federal or
4
State law.
5
(Source: P.A. 98-318, eff. 8-12-13.)

6

(230 ILCS 5/31.1)

(from Ch. 8, par. 37-31.1)
7

Sec. 31.1.
(a) Unless subsection (a-5) applies,
8
organization licensees collectively shall contribute annually
9
to charity the sum of $750,000 to non-profit organizations
10
that provide medical and family, counseling, and similar
11
services to persons who reside or work on the backstretch of
12
Illinois racetracks. Unless subsection (a-5) applies, these
13
contributions shall be collected as follows: (i) no later than
14
July 1st of each year the Board shall assess each organization
15
licensee
, except those tracks located in Madison County, which
16
tracks shall pay $30,000 annually apiece into the Board
17
charity fund,
that amount which equals
$750,000

$690,000

18
multiplied by the amount of pari-mutuel wagering handled by
19
the organization licensee in the year preceding assessment and
20
divided by the total pari-mutuel wagering handled by all
21
Illinois organization licensees
, except those tracks located
22
in Madison and Rock Island counties,
in the year preceding
23
assessment; (ii) notice of the assessed contribution shall be
24
mailed to each organization licensee; (iii)
no later than
25
September 1st of each year

within thirty days of its receipt of

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1
such notice
, each organization licensee shall remit the
2
assessed contribution to the Board. Unless subsection (a-5)
3
applies, if an organization licensee commences operation of
4
gaming at its facility pursuant to an organization gaming
5
license under the Illinois Gambling Act, then the organization
6
licensee shall contribute an additional $83,000 per year
7
beginning in the year subsequent to the first year in which the
8
organization licensee begins receiving funds from gaming
9
pursuant to an organization gaming license. If an organization
10
licensee
willfully

wilfully
fails to so remit the
11
contribution, the Board may revoke its license to conduct
12
horse racing.
13

(a-5) If (1) an organization licensee that did not operate
14
live racing in 2017 is awarded racing dates in 2018 or in any
15
subsequent year and (2) all organization licensees are
16
operating gaming pursuant to an organization gaming license
17
under the Illinois Gambling Act, then subsection (a) does not
18
apply and organization licensees collectively shall contribute
19
annually to charity the sum of $1,000,000 to non-profit
20
organizations that provide medical and family, counseling, and
21
similar services to persons who reside or work on the
22
backstretch of Illinois racetracks. These contributions shall
23
be collected as follows: (i) no later than July 1st of each
24
year the Board shall assess each organization licensee an
25
amount based on the proportionate amount of live racing days
26
in the calendar year for which the Board has awarded to the

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organization licensee out of the total aggregate number of
2
live racing days awarded; (ii) notice of the assessed
3
contribution shall be mailed to each organization licensee;
4
(iii)
no later than September 1st of each year

within 30 days
5
after its receipt of such notice
, each organization licensee
6
shall remit the assessed contribution to the Board. If an
7
organization licensee willfully fails to so remit the
8
contribution, the Board may revoke its license to conduct
9
horse racing.
10

(b) No later than October 1st of each year, any qualified
11
charitable organization seeking an allotment of contributed
12
funds shall submit to the Board an application for those
13
funds, using the Board's approved form. The Board shall
14
distribute all such amounts collected that year to such
15
charitable organization applicants on a schedule determined by
16
the Board, based on the charitable organization's estimated
17
expenditures related to this grant. Any funds not expended by
18
the grantee in a grant year shall be distributed to the
19
charitable organization or charitable organizations selected
20
in the next grant year after the funds are recovered in
21
addition to the amounts specified in subsections (a) and
22
(a-5).
23
(Source: P.A. 104-185, eff. 8-15-25.)

24

(230 ILCS 5/40)

(from Ch. 8, par. 37-40)
25

Sec. 40.
(a) The imposition of any fine or penalty

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provided in this Act shall not preclude the Board in its rules
2
and regulations from imposing a fine or penalty for any other
3
action which, in the Board's discretion, is a detriment or
4
impediment to horse racing.
5

(b) The Director of Agriculture or
the Director's

his or
6
her
authorized representative shall impose the following
7
monetary penalties and hold administrative hearings as
8
required for failure to submit the following applications,
9
lists, or reports within the time period, date or manner
10
required by statute or rule or for removing a foal from
11
Illinois prior to inspection:
12

(1) late filing of a renewal application for offering
13

or standing stallion for service:
14

(A) if an application is submitted no more than 30
15

days late, $50;
16

(B) if an application is submitted no more than 45
17

days late, $150; or
18

(C) if an application is submitted more than 45
19

days late, if filing of the application is allowed
20

under an administrative hearing, $250;
21

(2) late filing of list or report of mares bred:
22

(A) if a list or report is submitted no more than
23

30 days late, $50;
24

(B) if a list or report is submitted no more than
25

60 days late, $150; or
26

(C) if a list or report is submitted more than 60

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days late, if filing of the list or report is allowed
2

under an administrative hearing, $250;
3

(3) filing an Illinois foaled thoroughbred mare status
4

report after the statutory deadline as provided in
5

subsection (k) of Section 30 of this Act:
6

(A) if a report is submitted no more than 30 days
7

late, $50;
8

(B) if a report is submitted no more than 90 days
9

late, $150;
10

(C) if a report is submitted no more than 150 days
11

late, $250; or
12

(D) if a report is submitted more than 150 days
13

late, if filing of the report is allowed under an
14

administrative hearing, $500;
15

(4) late filing of application for foal eligibility
16

certificate:
17

(A) if an application is submitted no more than 30
18

days late, $50;
19

(B) if an application is submitted no more than 90
20

days late, $150;
21

(C) if an application is submitted no more than
22

150 days late, $250; or
23

(D) if an application is submitted more than 150
24

days late, if filing of the application is allowed
25

under an administrative hearing, $500;
26

(5) failure to report the intent to remove a foal from

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Illinois prior to inspection, identification and
2

certification by a Department of Agriculture investigator,
3

$50; and
4

(6) if a list or report of mares bred is incomplete,
5

$50 per mare not included on the list or report.
6

Any person upon whom monetary penalties are imposed under
7
this Section 3 times within a 5-year period shall have any
8
further monetary penalties imposed at double the amounts set
9
forth above. All monies assessed and collected for violations
10
relating to thoroughbreds shall be paid into the Illinois
11
Thoroughbred Breeders Fund. All monies assessed and collected
12
for violations relating to standardbreds shall be paid into
13
the Illinois Standardbred Breeders Fund.
14
(Source: P.A. 100-201, eff. 8-18-17; 101-31, eff. 6-28-19.)

15

Section 99.
Effective date.
This Act takes effect upon
16
becoming law.

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INDEX

2

Statutes amended in order of appearance

3

230 ILCS 5/6
from Ch. 8, par. 37-6
4

230 ILCS 5/9
from Ch. 8, par. 37-9
5

230 ILCS 5/10
from Ch. 8, par. 37-10
6

230 ILCS 5/12
from Ch. 8, par. 37-12
7

230 ILCS 5/13
from Ch. 8, par. 37-13
8

230 ILCS 5/14
from Ch. 8, par. 37-14
9

230 ILCS 5/15
from Ch. 8, par. 37-15
10

230 ILCS 5/15.3
from Ch. 8, par. 37-15.3
11

230 ILCS 5/16
from Ch. 8, par. 37-16
12

230 ILCS 5/19
from Ch. 8, par. 37-19
13

230 ILCS 5/20
from Ch. 8, par. 37-20
14

230 ILCS 5/24
from Ch. 8, par. 37-24
15

230 ILCS 5/26
from Ch. 8, par. 37-26
16

230 ILCS 5/27.2
17

230 ILCS 5/31.1
from Ch. 8, par. 37-31.1
18

230 ILCS 5/40
from Ch. 8, par. 37-40

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