Sen. Terry Link

Filed: 5/25/2012

 

 


 

 


 
09700HB3779sam005LRB097 11985 AMC 70166 a

1
AMENDMENT TO HOUSE BILL 3779

2    AMENDMENT NO. ______. Amend House Bill 3779, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Horse Racing Act of 1975 is
6amended by changing Sections 9, 15.1, 18, 26, 27, and 28 and by
7adding Section 26.7 as follows:
 
8    (230 ILCS 5/9)  (from Ch. 8, par. 37-9)
9    Sec. 9. The Board shall have all powers necessary and
10proper to fully and effectively execute the provisions of this
11Act, including, but not limited to, the following:
12    (a) The Board is vested with jurisdiction and supervision
13over all race meetings in this State, over all licensees doing
14business in this State, over all occupation licensees, and over
15all persons on the facilities of any licensee. Such
16jurisdiction shall include the power to issue licenses to the

 

 

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1Illinois Department of Agriculture authorizing the pari-mutuel
2system of wagering on harness and Quarter Horse races held (1)
3at the Illinois State Fair in Sangamon County, and (2) at the
4DuQuoin State Fair in Perry County. The jurisdiction of the
5Board shall also include the power to issue licenses to county
6fairs which are eligible to receive funds pursuant to the
7Agricultural Fair Act, as now or hereafter amended, or their
8agents, authorizing the pari-mutuel system of wagering on horse
9races conducted at the county fairs receiving such licenses.
10Such licenses shall be governed by subsection (n) of this
11Section.
12    Upon application, the Board shall issue a license to the
13Illinois Department of Agriculture to conduct harness and
14Quarter Horse races at the Illinois State Fair and at the
15DuQuoin State Fairgrounds during the scheduled dates of each
16fair. The Board shall not require and the Department of
17Agriculture shall be exempt from the requirements of Sections
1815.3, 18 and 19, paragraphs (a)(2), (b), (c), (d), (e), (e-5),
19(e-10), (f), (g), and (h) of Section 20, and Sections 21, 24
20and 25. The Board and the Department of Agriculture may extend
21any or all of these exemptions to any contractor or agent
22engaged by the Department of Agriculture to conduct its race
23meetings when the Board determines that this would best serve
24the public interest and the interest of horse racing.
25    Notwithstanding any provision of law to the contrary, it
26shall be lawful for any licensee to operate pari-mutuel

 

 

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1wagering or contract with the Department of Agriculture to
2operate pari-mutuel wagering at the DuQuoin State Fairgrounds
3or for the Department to enter into contracts with a licensee,
4employ its owners, employees or agents and employ such other
5occupation licensees as the Department deems necessary in
6connection with race meetings and wagerings.
7    (b) The Board is vested with the full power to promulgate
8reasonable rules and regulations for the purpose of
9administering the provisions of this Act and to prescribe
10reasonable rules, regulations and conditions under which all
11horse race meetings or wagering in the State shall be
12conducted. Such reasonable rules and regulations are to provide
13for the prevention of practices detrimental to the public
14interest and to promote the best interests of horse racing and
15to impose penalties for violations thereof.
16    (c) The Board, and any person or persons to whom it
17delegates this power, is vested with the power to enter the
18facilities and other places of business of any licensee to
19determine whether there has been compliance with the provisions
20of this Act and its rules and regulations.
21    (d) The Board, and any person or persons to whom it
22delegates this power, is vested with the authority to
23investigate alleged violations of the provisions of this Act,
24its reasonable rules and regulations, orders and final
25decisions; the Board shall take appropriate disciplinary
26action against any licensee or occupation licensee for

 

 

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1violation thereof or institute appropriate legal action for the
2enforcement thereof.
3    (e) The Board, and any person or persons to whom it
4delegates this power, may eject or exclude from any race
5meeting or the facilities of any licensee, or any part thereof,
6any occupation licensee or any other individual whose conduct
7or reputation is such that his presence on those facilities
8may, in the opinion of the Board, call into question the
9honesty and integrity of horse racing or wagering or interfere
10with the orderly conduct of horse racing or wagering; provided,
11however, that no person shall be excluded or ejected from the
12facilities of any licensee solely on the grounds of race,
13color, creed, national origin, ancestry, or sex. The power to
14eject or exclude an occupation licensee or other individual may
15be exercised for just cause by the licensee or the Board,
16subject to subsequent hearing by the Board as to the propriety
17of said exclusion.
18    (f) The Board is vested with the power to acquire,
19establish, maintain and operate (or provide by contract to
20maintain and operate) testing laboratories and related
21facilities, for the purpose of conducting saliva, blood, urine
22and other tests on the horses run or to be run in any horse race
23meeting and to purchase all equipment and supplies deemed
24necessary or desirable in connection with any such testing
25laboratories and related facilities and all such tests.
26    (g) The Board may require that the records, including

 

 

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1financial or other statements of any licensee or any person
2affiliated with the licensee who is involved directly or
3indirectly in the activities of any licensee as regulated under
4this Act to the extent that those financial or other statements
5relate to such activities be kept in such manner as prescribed
6by the Board, and that Board employees shall have access to
7those records during reasonable business hours. Within 120 days
8of the end of its fiscal year, each licensee shall transmit to
9the Board an audit of the financial transactions and condition
10of the licensee's total operations. All audits shall be
11conducted by certified public accountants. Each certified
12public accountant must be registered in the State of Illinois
13under the Illinois Public Accounting Act. The compensation for
14each certified public accountant shall be paid directly by the
15licensee to the certified public accountant. A licensee shall
16also submit any other financial or related information the
17Board deems necessary to effectively administer this Act and
18all rules, regulations, and final decisions promulgated under
19this Act.
20    (h) The Board shall name and appoint in the manner provided
21by the rules and regulations of the Board: an Executive
22Director; a State director of mutuels; State veterinarians and
23representatives to take saliva, blood, urine and other tests on
24horses; licensing personnel; revenue inspectors; and State
25seasonal employees (excluding admission ticket sellers and
26mutuel clerks). All of those named and appointed as provided in

 

 

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1this subsection shall serve during the pleasure of the Board;
2their compensation shall be determined by the Board and be paid
3in the same manner as other employees of the Board under this
4Act.
5    (i) The Board shall require that there shall be 3 stewards
6at each horse race meeting, at least 2 of whom shall be named
7and appointed by the Board. Stewards appointed or approved by
8the Board, while performing duties required by this Act or by
9the Board, shall be entitled to the same rights and immunities
10as granted to Board members and Board employees in Section 10
11of this Act.
12    (j) The Board may discharge any Board employee who fails or
13refuses for any reason to comply with the rules and regulations
14of the Board, or who, in the opinion of the Board, is guilty of
15fraud, dishonesty or who is proven to be incompetent. The Board
16shall have no right or power to determine who shall be
17officers, directors or employees of any licensee, or their
18salaries except the Board may, by rule, require that all or any
19officials or employees in charge of or whose duties relate to
20the actual running of races be approved by the Board.
21    (k) The Board is vested with the power to appoint delegates
22to execute any of the powers granted to it under this Section
23for the purpose of administering this Act and any rules or
24regulations promulgated in accordance with this Act.
25    (l) The Board is vested with the power to impose civil
26penalties of up to $5,000 against an individual and up to

 

 

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1$10,000 against a licensee for each violation of any provision
2of this Act, any rules adopted by the Board, any order of the
3Board or any other action which, in the Board's discretion, is
4a detriment or impediment to horse racing or wagering. All such
5civil penalties shall be deposited into the Horse Racing Fund.
6    (m) The Board is vested with the power to prescribe a form
7to be used by licensees as an application for employment for
8employees of each licensee.
9    (n) The Board shall have the power to issue a license to
10any county fair, or its agent, authorizing the conduct of the
11pari-mutuel system of wagering. The Board is vested with the
12full power to promulgate reasonable rules, regulations and
13conditions under which all horse race meetings licensed
14pursuant to this subsection shall be held and conducted,
15including rules, regulations and conditions for the conduct of
16the pari-mutuel system of wagering. The rules, regulations and
17conditions shall provide for the prevention of practices
18detrimental to the public interest and for the best interests
19of horse racing, and shall prescribe penalties for violations
20thereof. Any authority granted the Board under this Act shall
21extend to its jurisdiction and supervision over county fairs,
22or their agents, licensed pursuant to this subsection. However,
23the Board may waive any provision of this Act or its rules or
24regulations which would otherwise apply to such county fairs or
25their agents.
26    (o) Whenever the Board is authorized or required by law to

 

 

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1consider some aspect of criminal history record information for
2the purpose of carrying out its statutory powers and
3responsibilities, then, upon request and payment of fees in
4conformance with the requirements of Section 2605-400 of the
5Department of State Police Law (20 ILCS 2605/2605-400), the
6Department of State Police is authorized to furnish, pursuant
7to positive identification, such information contained in
8State files as is necessary to fulfill the request.
9    (p) To insure the convenience, comfort, and wagering
10accessibility of race track patrons, to provide for the
11maximization of State revenue, and to generate increases in
12purse allotments to the horsemen, the Board shall require any
13licensee to staff the pari-mutuel department with adequate
14personnel.
15(Source: P.A. 91-239, eff. 1-1-00.)
 
16    (230 ILCS 5/15.1)  (from Ch. 8, par. 37-15.1)
17    Sec. 15.1. Upon collection of the fee accompanying the
18application for an occupation license, the Board shall be
19authorized to make daily temporary deposits of the fees, for a
20period not to exceed 7 days, with the horsemen's bookkeeper at
21a race meeting. The horsemen's bookkeeper shall issue a check,
22payable to the order of the Illinois Racing Board, for monies
23deposited under this Section within 24 hours of receipt of the
24monies. Provided however, upon the issuance of the check by the
25horsemen's bookkeeper the check shall be deposited into the

 

 

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1Horse Racing Fund in the State Treasury in accordance with the
2provisions of the "State Officers and Employees Money
3Disposition Act", approved June 9, 1911, as amended.
4(Source: P.A. 84-432.)
 
5    (230 ILCS 5/18)  (from Ch. 8, par. 37-18)
6    Sec. 18. (a) Together with its application, each applicant
7for racing dates shall deliver to the Board a certified check
8or bank draft payable to the order of the Board for $1,000. In
9the event the applicant applies for racing dates in 2 or 3
10successive calendar years as provided in subsection (b) of
11Section 21, the fee shall be $2,000. Filing fees shall not be
12refunded in the event the application is denied. All filing
13fees shall be deposited into the Horse Racing Fund.
14    (b) In addition to the filing fee of $1000 and the fees
15provided in subsection (j) of Section 20, each organization
16licensee shall pay a license fee of $100 for each racing
17program on which its daily pari-mutuel handle is $400,000 or
18more but less than $700,000, and a license fee of $200 for each
19racing program on which its daily pari-mutuel handle is
20$700,000 or more. The additional fees required to be paid under
21this Section by this amendatory Act of 1982 shall be remitted
22by the organization licensee to the Illinois Racing Board with
23each day's graduated privilege tax or pari-mutuel tax and
24breakage as provided under Section 27.
25    (c) Sections 11-42-1, 11-42-5, and 11-54-1 of the "Illinois

 

 

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1Municipal Code," approved May 29, 1961, as now or hereafter
2amended, shall not apply to any license under this Act.
3(Source: P.A. 91-40, eff. 6-25-99.)
 
4    (230 ILCS 5/26)  (from Ch. 8, par. 37-26)
5    Sec. 26. Wagering.
6    (a) Any licensee may conduct and supervise the pari-mutuel
7system of wagering, as defined in Section 3.12 of this Act, on
8horse races conducted by an Illinois organization licensee or
9conducted at a racetrack located in another state or country
10and televised in Illinois in accordance with subsection (g) of
11Section 26 of this Act. Subject to the prior consent of the
12Board, licensees may supplement any pari-mutuel pool in order
13to guarantee a minimum distribution. Such pari-mutuel method of
14wagering shall not, under any circumstances if conducted under
15the provisions of this Act, be held or construed to be
16unlawful, other statutes of this State to the contrary
17notwithstanding. Subject to rules for advance wagering
18promulgated by the Board, any licensee may accept wagers in
19advance of the day of the race wagered upon occurs.
20    (b) No other method of betting, pool making, wagering or
21gambling shall be used or permitted by the licensee. Each
22licensee may retain, subject to the payment of all applicable
23taxes and purses, an amount not to exceed 17% of all money
24wagered under subsection (a) of this Section, except as may
25otherwise be permitted under this Act.

 

 

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1    (b-5) An individual may place a wager under the pari-mutuel
2system from any licensed location authorized under this Act
3provided that wager is electronically recorded in the manner
4described in Section 3.12 of this Act. Any wager made
5electronically by an individual while physically on the
6premises of a licensee shall be deemed to have been made at the
7premises of that licensee.
8    (c) Until January 1, 2000, the sum held by any licensee for
9payment of outstanding pari-mutuel tickets, if unclaimed prior
10to December 31 of the next year, shall be retained by the
11licensee for payment of such tickets until that date. Within 10
12days thereafter, the balance of such sum remaining unclaimed,
13less any uncashed supplements contributed by such licensee for
14the purpose of guaranteeing minimum distributions of any
15pari-mutuel pool, shall be paid to the Illinois Veterans'
16Rehabilitation Fund of the State treasury, except as provided
17in subsection (g) of Section 27 of this Act.
18    (c-5) Beginning January 1, 2000, the sum held by any
19licensee for payment of outstanding pari-mutuel tickets, if
20unclaimed prior to December 31 of the next year, shall be
21retained by the licensee for payment of such tickets until that
22date. Within 10 days thereafter, the balance of such sum
23remaining unclaimed, less any uncashed supplements contributed
24by such licensee for the purpose of guaranteeing minimum
25distributions of any pari-mutuel pool, shall be evenly
26distributed to the purse account of the organization licensee

 

 

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1and the organization licensee.
2    (d) A pari-mutuel ticket shall be honored until December 31
3of the next calendar year, and the licensee shall pay the same
4and may charge the amount thereof against unpaid money
5similarly accumulated on account of pari-mutuel tickets not
6presented for payment.
7    (e) No licensee shall knowingly permit any minor, other
8than an employee of such licensee or an owner, trainer, jockey,
9driver, or employee thereof, to be admitted during a racing
10program unless accompanied by a parent or guardian, or any
11minor to be a patron of the pari-mutuel system of wagering
12conducted or supervised by it. The admission of any
13unaccompanied minor, other than an employee of the licensee or
14an owner, trainer, jockey, driver, or employee thereof at a
15race track is a Class C misdemeanor.
16    (f) Notwithstanding the other provisions of this Act, an
17organization licensee may contract with an entity in another
18state or country to permit any legal wagering entity in another
19state or country to accept wagers solely within such other
20state or country on races conducted by the organization
21licensee in this State. Beginning January 1, 2000, these wagers
22shall not be subject to State taxation. Until January 1, 2000,
23when the out-of-State entity conducts a pari-mutuel pool
24separate from the organization licensee, a privilege tax equal
25to 7 1/2% of all monies received by the organization licensee
26from entities in other states or countries pursuant to such

 

 

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1contracts is imposed on the organization licensee, and such
2privilege tax shall be remitted to the Department of Revenue
3within 48 hours of receipt of the moneys from the simulcast.
4When the out-of-State entity conducts a combined pari-mutuel
5pool with the organization licensee, the tax shall be 10% of
6all monies received by the organization licensee with 25% of
7the receipts from this 10% tax to be distributed to the county
8in which the race was conducted.
9    An organization licensee may permit one or more of its
10races to be utilized for pari-mutuel wagering at one or more
11locations in other states and may transmit audio and visual
12signals of races the organization licensee conducts to one or
13more locations outside the State or country and may also permit
14pari-mutuel pools in other states or countries to be combined
15with its gross or net wagering pools or with wagering pools
16established by other states.
17    (g) A host track may accept interstate simulcast wagers on
18horse races conducted in other states or countries and shall
19control the number of signals and types of breeds of racing in
20its simulcast program, subject to the disapproval of the Board.
21The Board may prohibit a simulcast program only if it finds
22that the simulcast program is clearly adverse to the integrity
23of racing. The host track simulcast program shall include the
24signal of live racing of all organization licensees. All
25non-host licensees and advance deposit wagering licensees
26shall carry the signal of and accept wagers on live racing of

 

 

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

 

 

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1the advance deposit wagering licensee's license has been
2suspended in another state, or the advance deposit wagering
3licensee's license is in revocation proceedings in another
4state. The organization licensee's provision of their live
5signal to an advance deposit wagering licensee under this
6subsection (g) pertains to wagers placed from within Illinois.
7Advance deposit wagering licensees may place advance deposit
8wagering terminals at wagering facilities as a convenience to
9customers. The advance deposit wagering licensee shall not
10charge or collect any fee from purses for the placement of the
11advance deposit wagering terminals. The costs and expenses of
12the host track and non-host licensees associated with
13interstate simulcast wagering, other than the interstate
14commission fee, shall be borne by the host track and all
15non-host licensees incurring these costs. The interstate
16commission fee shall not exceed 5% of Illinois handle on the
17interstate simulcast race or races without prior approval of
18the Board. The Board shall promulgate rules under which it may
19permit interstate commission fees in excess of 5%. The
20interstate commission fee and other fees charged by the sending
21racetrack, including, but not limited to, satellite decoder
22fees, shall be uniformly applied to the host track and all
23non-host licensees.
24    Notwithstanding any other provision of this Act, until May
251, 2013 for a period of 3 years after the effective date of
26this amendatory Act of the 96th General Assembly, an

 

 

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1organization licensee may maintain a system whereby advance
2deposit wagering may take place or an organization licensee,
3with the consent of the horsemen association representing the
4largest number of owners, trainers, jockeys, or standardbred
5drivers who race horses at that organization licensee's racing
6meeting, may contract with another person to carry out a system
7of advance deposit wagering. Such consent may not be
8unreasonably withheld. All advance deposit wagers placed from
9within Illinois must be placed through a Board-approved advance
10deposit wagering licensee; no other entity may accept an
11advance deposit wager from a person within Illinois. All
12advance deposit wagering is subject to any rules adopted by the
13Board. The Board may adopt rules necessary to regulate advance
14deposit wagering through the use of emergency rulemaking in
15accordance with Section 5-45 of the Illinois Administrative
16Procedure Act. The General Assembly finds that the adoption of
17rules to regulate advance deposit wagering is deemed an
18emergency and necessary for the public interest, safety, and
19welfare. An advance deposit wagering licensee may retain all
20moneys as agreed to by contract with an organization licensee.
21Any moneys retained by the organization licensee from advance
22deposit wagering, not including moneys retained by the advance
23deposit wagering licensee, shall be paid 50% to the
24organization licensee's purse account and 50% to the
25organization licensee. If more than one breed races at the same
26race track facility, then the 50% of the moneys to be paid to

 

 

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1an organization licensee's purse account shall be allocated
2among all organization licensees' purse accounts operating at
3that race track facility proportionately based on the actual
4number of host days that the Board grants to that breed at that
5race track facility in the current calendar year. To the extent
6any fees from advance deposit wagering conducted in Illinois
7for wagers in Illinois or other states have been placed in
8escrow or otherwise withheld from wagers pending a
9determination of the legality of advance deposit wagering, no
10action shall be brought to declare such wagers or the
11disbursement of any fees previously escrowed illegal.
12        (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
13    intertrack wagering licensee other than the host track may
14    supplement the host track simulcast program with
15    additional simulcast races or race programs, provided that
16    between January 1 and the third Friday in February of any
17    year, inclusive, if no live thoroughbred racing is
18    occurring in Illinois during this period, only
19    thoroughbred races may be used for supplemental interstate
20    simulcast purposes. The Board shall withhold approval for a
21    supplemental interstate simulcast only if it finds that the
22    simulcast is clearly adverse to the integrity of racing. A
23    supplemental interstate simulcast may be transmitted from
24    an intertrack wagering licensee to its affiliated non-host
25    licensees. The interstate commission fee for a
26    supplemental interstate simulcast shall be paid by the

 

 

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1    non-host licensee and its affiliated non-host licensees
2    receiving the simulcast.
3        (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
4    intertrack wagering licensee other than the host track may
5    receive supplemental interstate simulcasts only with the
6    consent of the host track, except when the Board finds that
7    the simulcast is clearly adverse to the integrity of
8    racing. Consent granted under this paragraph (2) to any
9    intertrack wagering licensee shall be deemed consent to all
10    non-host licensees. The interstate commission fee for the
11    supplemental interstate simulcast shall be paid by all
12    participating non-host licensees.
13        (3) Each licensee conducting interstate simulcast
14    wagering may retain, subject to the payment of all
15    applicable taxes and the purses, an amount not to exceed
16    17% of all money wagered. If any licensee conducts the
17    pari-mutuel system wagering on races conducted at
18    racetracks in another state or country, each such race or
19    race program shall be considered a separate racing day for
20    the purpose of determining the daily handle and computing
21    the privilege tax of that daily handle as provided in
22    subsection (a) of Section 27. Until January 1, 2000, from
23    the sums permitted to be retained pursuant to this
24    subsection, each intertrack wagering location licensee
25    shall pay 1% of the pari-mutuel handle wagered on simulcast
26    wagering to the Horse Racing Tax Allocation Fund, subject

 

 

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1    to the provisions of subparagraph (B) of paragraph (11) of
2    subsection (h) of Section 26 of this Act.
3        (4) A licensee who receives an interstate simulcast may
4    combine its gross or net pools with pools at the sending
5    racetracks pursuant to rules established by the Board. All
6    licensees combining their gross pools at a sending
7    racetrack shall adopt the take-out percentages of the
8    sending racetrack. A licensee may also establish a separate
9    pool and takeout structure for wagering purposes on races
10    conducted at race tracks outside of the State of Illinois.
11    The licensee may permit pari-mutuel wagers placed in other
12    states or countries to be combined with its gross or net
13    wagering pools or other wagering pools.
14        (5) After the payment of the interstate commission fee
15    (except for the interstate commission fee on a supplemental
16    interstate simulcast, which shall be paid by the host track
17    and by each non-host licensee through the host-track) and
18    all applicable State and local taxes, except as provided in
19    subsection (g) of Section 27 of this Act, the remainder of
20    moneys retained from simulcast wagering pursuant to this
21    subsection (g), and Section 26.2 shall be divided as
22    follows:
23            (A) For interstate simulcast wagers made at a host
24        track, 50% to the host track and 50% to purses at the
25        host track.
26            (B) For wagers placed on interstate simulcast

 

 

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1        races, supplemental simulcasts as defined in
2        subparagraphs (1) and (2), and separately pooled races
3        conducted outside of the State of Illinois made at a
4        non-host licensee, 25% to the host track, 25% to the
5        non-host licensee, and 50% to the purses at the host
6        track.
7        (6) Notwithstanding any provision in this Act to the
8    contrary, non-host licensees who derive their licenses
9    from a track located in a county with a population in
10    excess of 230,000 and that borders the Mississippi River
11    may receive supplemental interstate simulcast races at all
12    times subject to Board approval, which shall be withheld
13    only upon a finding that a supplemental interstate
14    simulcast is clearly adverse to the integrity of racing.
15        (7) Notwithstanding any provision of this Act to the
16    contrary, after payment of all applicable State and local
17    taxes and interstate commission fees, non-host licensees
18    who derive their licenses from a track located in a county
19    with a population in excess of 230,000 and that borders the
20    Mississippi River shall retain 50% of the retention from
21    interstate simulcast wagers and shall pay 50% to purses at
22    the track from which the non-host licensee derives its
23    license as follows:
24            (A) Between January 1 and the third Friday in
25        February, inclusive, if no live thoroughbred racing is
26        occurring in Illinois during this period, when the

 

 

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1        interstate simulcast is a standardbred race, the purse
2        share to its standardbred purse account;
3            (B) Between January 1 and the third Friday in
4        February, inclusive, if no live thoroughbred racing is
5        occurring in Illinois during this period, and the
6        interstate simulcast is a thoroughbred race, the purse
7        share to its interstate simulcast purse pool to be
8        distributed under paragraph (10) of this subsection
9        (g);
10            (C) Between January 1 and the third Friday in
11        February, inclusive, if live thoroughbred racing is
12        occurring in Illinois, between 6:30 a.m. and 6:30 p.m.
13        the purse share from wagers made during this time
14        period to its thoroughbred purse account and between
15        6:30 p.m. and 6:30 a.m. the purse share from wagers
16        made during this time period to its standardbred purse
17        accounts;
18            (D) Between the third Saturday in February and
19        December 31, when the interstate simulcast occurs
20        between the hours of 6:30 a.m. and 6:30 p.m., the purse
21        share to its thoroughbred purse account;
22            (E) Between the third Saturday in February and
23        December 31, when the interstate simulcast occurs
24        between the hours of 6:30 p.m. and 6:30 a.m., the purse
25        share to its standardbred purse account.
26        (7.1) Notwithstanding any other provision of this Act

 

 

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

 

 

09700HB3779sam005- 23 -LRB097 11985 AMC 70166 a

1        Advisory Board.
2        (7.2) Notwithstanding any other provision of this Act
3    to the contrary, if no thoroughbred racing is conducted at
4    a racetrack located in Madison County during any calendar
5    year beginning on or after January 1, 2002, all moneys
6    derived by that racetrack from simulcast wagering and
7    inter-track wagering that (1) are to be used for purses and
8    (2) are generated between the hours of 6:30 a.m. and 6:30
9    p.m. during that calendar year shall be deposited as
10    follows:
11            (A) If the licensee that conducts horse racing at
12        that racetrack requests from the Board at least as many
13        racing dates as were conducted in calendar year 2000,
14        80% shall be deposited into its standardbred purse
15        account; and
16            (B) Twenty percent shall be deposited into the
17        Illinois Colt Stakes Purse Distribution Fund. Moneys
18        deposited into the Illinois Colt Stakes Purse
19        Distribution Fund pursuant to this subparagraph (B)
20        shall be paid to Illinois conceived and foaled
21        thoroughbred breeders' programs and to thoroughbred
22        purses for races conducted at any county fairgrounds
23        for Illinois conceived and foaled horses at the
24        discretion of the Department of Agriculture, with the
25        advice and assistance of the Illinois Thoroughbred
26        Breeders Fund Advisory Board. The moneys deposited

 

 

09700HB3779sam005- 24 -LRB097 11985 AMC 70166 a

1        into the Illinois Colt Stakes Purse Distribution Fund
2        pursuant to this subparagraph (B) shall be deposited
3        within 2 weeks after the day they were generated, shall
4        be in addition to and not in lieu of any other moneys
5        paid to thoroughbred purses under this Act, and shall
6        not be commingled with other moneys deposited into that
7        Fund.
8        (7.3) If no live standardbred racing is conducted at a
9    racetrack located in Madison County in calendar year 2000
10    or 2001, an organization licensee who is licensed to
11    conduct horse racing at that racetrack shall, before
12    January 1, 2002, pay all moneys derived from simulcast
13    wagering and inter-track wagering in calendar years 2000
14    and 2001 and paid into the licensee's standardbred purse
15    account as follows:
16            (A) Eighty percent to that licensee's thoroughbred
17        purse account to be used for thoroughbred purses; and
18            (B) Twenty percent to the Illinois Colt Stakes
19        Purse Distribution Fund.
20        Failure to make the payment to the Illinois Colt Stakes
21    Purse Distribution Fund before January 1, 2002 shall result
22    in the immediate revocation of the licensee's organization
23    license, inter-track wagering license, and inter-track
24    wagering location license.
25        Moneys paid into the Illinois Colt Stakes Purse
26    Distribution Fund pursuant to this paragraph (7.3) shall be

 

 

09700HB3779sam005- 25 -LRB097 11985 AMC 70166 a

1    paid to purses for standardbred races for Illinois
2    conceived and foaled horses conducted at any county
3    fairgrounds. Moneys paid into the Illinois Colt Stakes
4    Purse Distribution Fund pursuant to this paragraph (7.3)
5    shall be used as determined by the Department of
6    Agriculture, with the advice and assistance of the Illinois
7    Standardbred Breeders Fund Advisory Board, shall be in
8    addition to and not in lieu of any other moneys paid to
9    standardbred purses under this Act, and shall not be
10    commingled with any other moneys paid into that Fund.
11        (7.4) If live standardbred racing is conducted at a
12    racetrack located in Madison County at any time in calendar
13    year 2001 before the payment required under paragraph (7.3)
14    has been made, the organization licensee who is licensed to
15    conduct racing at that racetrack shall pay all moneys
16    derived by that racetrack from simulcast wagering and
17    inter-track wagering during calendar years 2000 and 2001
18    that (1) are to be used for purses and (2) are generated
19    between the hours of 6:30 p.m. and 6:30 a.m. during 2000 or
20    2001 to the standardbred purse account at that racetrack to
21    be used for standardbred purses.
22        (8) Notwithstanding any provision in this Act to the
23    contrary, an organization licensee from a track located in
24    a county with a population in excess of 230,000 and that
25    borders the Mississippi River and its affiliated non-host
26    licensees shall not be entitled to share in any retention

 

 

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1    generated on racing, inter-track wagering, or simulcast
2    wagering at any other Illinois wagering facility.
3        (8.1) Notwithstanding any provisions in this Act to the
4    contrary, if 2 organization licensees are conducting
5    standardbred race meetings concurrently between the hours
6    of 6:30 p.m. and 6:30 a.m., after payment of all applicable
7    State and local taxes and interstate commission fees, the
8    remainder of the amount retained from simulcast wagering
9    otherwise attributable to the host track and to host track
10    purses shall be split daily between the 2 organization
11    licensees and the purses at the tracks of the 2
12    organization licensees, respectively, based on each
13    organization licensee's share of the total live handle for
14    that day, provided that this provision shall not apply to
15    any non-host licensee that derives its license from a track
16    located in a county with a population in excess of 230,000
17    and that borders the Mississippi River.
18        (9) (Blank).
19        (10) (Blank).
20        (11) (Blank).
21        (12) The Board shall have authority to compel all host
22    tracks to receive the simulcast of any or all races
23    conducted at the Springfield or DuQuoin State fairgrounds
24    and include all such races as part of their simulcast
25    programs.
26        (13) Notwithstanding any other provision of this Act,

 

 

09700HB3779sam005- 27 -LRB097 11985 AMC 70166 a

1    in the event that the total Illinois pari-mutuel handle on
2    Illinois horse races at all wagering facilities in any
3    calendar year is less than 75% of the total Illinois
4    pari-mutuel handle on Illinois horse races at all such
5    wagering facilities for calendar year 1994, then each
6    wagering facility that has an annual total Illinois
7    pari-mutuel handle on Illinois horse races that is less
8    than 75% of the total Illinois pari-mutuel handle on
9    Illinois horse races at such wagering facility for calendar
10    year 1994, shall be permitted to receive, from any amount
11    otherwise payable to the purse account at the race track
12    with which the wagering facility is affiliated in the
13    succeeding calendar year, an amount equal to 2% of the
14    differential in total Illinois pari-mutuel handle on
15    Illinois horse races at the wagering facility between that
16    calendar year in question and 1994 provided, however, that
17    a wagering facility shall not be entitled to any such
18    payment until the Board certifies in writing to the
19    wagering facility the amount to which the wagering facility
20    is entitled and a schedule for payment of the amount to the
21    wagering facility, based on: (i) the racing dates awarded
22    to the race track affiliated with the wagering facility
23    during the succeeding year; (ii) the sums available or
24    anticipated to be available in the purse account of the
25    race track affiliated with the wagering facility for purses
26    during the succeeding year; and (iii) the need to ensure

 

 

09700HB3779sam005- 28 -LRB097 11985 AMC 70166 a

1    reasonable purse levels during the payment period. The
2    Board's certification shall be provided no later than
3    January 31 of the succeeding year. In the event a wagering
4    facility entitled to a payment under this paragraph (13) is
5    affiliated with a race track that maintains purse accounts
6    for both standardbred and thoroughbred racing, the amount
7    to be paid to the wagering facility shall be divided
8    between each purse account pro rata, based on the amount of
9    Illinois handle on Illinois standardbred and thoroughbred
10    racing respectively at the wagering facility during the
11    previous calendar year. Annually, the General Assembly
12    shall appropriate sufficient funds from the General
13    Revenue Fund to the Department of Agriculture for payment
14    into the thoroughbred and standardbred horse racing purse
15    accounts at Illinois pari-mutuel tracks. The amount paid to
16    each purse account shall be the amount certified by the
17    Illinois Racing Board in January to be transferred from
18    each account to each eligible racing facility in accordance
19    with the provisions of this Section.
20    (h) The Board may approve and license the conduct of
21inter-track wagering and simulcast wagering by inter-track
22wagering licensees and inter-track wagering location licensees
23subject to the following terms and conditions:
24        (1) Any person licensed to conduct a race meeting (i)
25    at a track where 60 or more days of racing were conducted
26    during the immediately preceding calendar year or where

 

 

09700HB3779sam005- 29 -LRB097 11985 AMC 70166 a

1    over the 5 immediately preceding calendar years an average
2    of 30 or more days of racing were conducted annually may be
3    issued an inter-track wagering license; (ii) at a track
4    located in a county that is bounded by the Mississippi
5    River, which has a population of less than 150,000
6    according to the 1990 decennial census, and an average of
7    at least 60 days of racing per year between 1985 and 1993
8    may be issued an inter-track wagering license; or (iii) at
9    a track located in Madison County that conducted at least
10    100 days of live racing during the immediately preceding
11    calendar year may be issued an inter-track wagering
12    license, unless a lesser schedule of live racing is the
13    result of (A) weather, unsafe track conditions, or other
14    acts of God; (B) an agreement between the organization
15    licensee and the associations representing the largest
16    number of owners, trainers, jockeys, or standardbred
17    drivers who race horses at that organization licensee's
18    racing meeting; or (C) a finding by the Board of
19    extraordinary circumstances and that it was in the best
20    interest of the public and the sport to conduct fewer than
21    100 days of live racing. Any such person having operating
22    control of the racing facility may also receive up to 6
23    inter-track wagering location licenses. In no event shall
24    more than 6 inter-track wagering locations be established
25    for each eligible race track, except that an eligible race
26    track located in a county that has a population of more

 

 

09700HB3779sam005- 30 -LRB097 11985 AMC 70166 a

1    than 230,000 and that is bounded by the Mississippi River
2    may establish up to 7 inter-track wagering locations. An
3    application for said license shall be filed with the Board
4    prior to such dates as may be fixed by the Board. With an
5    application for an inter-track wagering location license
6    there shall be delivered to the Board a certified check or
7    bank draft payable to the order of the Board for an amount
8    equal to $500. The application shall be on forms prescribed
9    and furnished by the Board. The application shall comply
10    with all other rules, regulations and conditions imposed by
11    the Board in connection therewith.
12        (2) The Board shall examine the applications with
13    respect to their conformity with this Act and the rules and
14    regulations imposed by the Board. If found to be in
15    compliance with the Act and rules and regulations of the
16    Board, the Board may then issue a license to conduct
17    inter-track wagering and simulcast wagering to such
18    applicant. All such applications shall be acted upon by the
19    Board at a meeting to be held on such date as may be fixed
20    by the Board.
21        (3) In granting licenses to conduct inter-track
22    wagering and simulcast wagering, the Board shall give due
23    consideration to the best interests of the public, of horse
24    racing, and of maximizing revenue to the State.
25        (4) Prior to the issuance of a license to conduct
26    inter-track wagering and simulcast wagering, the applicant

 

 

09700HB3779sam005- 31 -LRB097 11985 AMC 70166 a

1    shall file with the Board a bond payable to the State of
2    Illinois in the sum of $50,000, executed by the applicant
3    and a surety company or companies authorized to do business
4    in this State, and conditioned upon (i) the payment by the
5    licensee of all taxes due under Section 27 or 27.1 and any
6    other monies due and payable under this Act, and (ii)
7    distribution by the licensee, upon presentation of the
8    winning ticket or tickets, of all sums payable to the
9    patrons of pari-mutuel pools.
10        (5) Each license to conduct inter-track wagering and
11    simulcast wagering shall specify the person to whom it is
12    issued, the dates on which such wagering is permitted, and
13    the track or location where the wagering is to be
14    conducted.
15        (6) All wagering under such license is subject to this
16    Act and to the rules and regulations from time to time
17    prescribed by the Board, and every such license issued by
18    the Board shall contain a recital to that effect.
19        (7) An inter-track wagering licensee or inter-track
20    wagering location licensee may accept wagers at the track
21    or location where it is licensed, or as otherwise provided
22    under this Act.
23        (8) Inter-track wagering or simulcast wagering shall
24    not be conducted at any track less than 5 miles from a
25    track at which a racing meeting is in progress.
26        (8.1) Inter-track wagering location licensees who

 

 

09700HB3779sam005- 32 -LRB097 11985 AMC 70166 a

1    derive their licenses from a particular organization
2    licensee shall conduct inter-track wagering and simulcast
3    wagering only at locations which are either within 90 miles
4    of that race track where the particular organization
5    licensee is licensed to conduct racing, or within 135 miles
6    of that race track where the particular organization
7    licensee is licensed to conduct racing in the case of race
8    tracks in counties of less than 400,000 that were operating
9    on or before June 1, 1986. However, inter-track wagering
10    and simulcast wagering shall not be conducted by those
11    licensees at any location within 5 miles of any race track
12    at which a horse race meeting has been licensed in the
13    current year, unless the person having operating control of
14    such race track has given its written consent to such
15    inter-track wagering location licensees, which consent
16    must be filed with the Board at or prior to the time
17    application is made.
18        (8.2) Inter-track wagering or simulcast wagering shall
19    not be conducted by an inter-track wagering location
20    licensee at any location within 500 feet of an existing
21    church or existing school, nor within 500 feet of the
22    residences of more than 50 registered voters without
23    receiving written permission from a majority of the
24    registered voters at such residences. Such written
25    permission statements shall be filed with the Board. The
26    distance of 500 feet shall be measured to the nearest part

 

 

09700HB3779sam005- 33 -LRB097 11985 AMC 70166 a

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

 

 

09700HB3779sam005- 34 -LRB097 11985 AMC 70166 a

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

 

 

09700HB3779sam005- 35 -LRB097 11985 AMC 70166 a

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

 

 

09700HB3779sam005- 36 -LRB097 11985 AMC 70166 a

1    participating licensees and 50% to purses, except that an
2    intertrack wagering licensee that derives its license from
3    a track located in a county with a population in excess of
4    230,000 and that borders the Mississippi River shall not
5    divide any remaining retention with the Illinois
6    organization licensee that provides the race or races, and
7    an intertrack wagering licensee that accepts wagers on
8    races conducted by an organization licensee that conducts a
9    race meet in a county with a population in excess of
10    230,000 and that borders the Mississippi River shall not
11    divide any remaining retention with that organization
12    licensee.
13        (B) From the sums permitted to be retained pursuant to
14    this Act each inter-track wagering location licensee shall
15    pay (i) the privilege or pari-mutuel tax to the State; (ii)
16    4.75% of the pari-mutuel handle on intertrack wagering at
17    such location on races as purses, except that an intertrack
18    wagering location licensee that derives its license from a
19    track located in a county with a population in excess of
20    230,000 and that borders the Mississippi River shall retain
21    all purse moneys for its own purse account consistent with
22    distribution set forth in this subsection (h), and
23    intertrack wagering location licensees that accept wagers
24    on races conducted by an organization licensee located in a
25    county with a population in excess of 230,000 and that
26    borders the Mississippi River shall distribute all purse

 

 

09700HB3779sam005- 37 -LRB097 11985 AMC 70166 a

1    moneys to purses at the operating host track; (iii) until
2    January 1, 2000, except as provided in subsection (g) of
3    Section 27 of this Act, 1% of the pari-mutuel handle
4    wagered on inter-track wagering and simulcast wagering at
5    each inter-track wagering location licensee facility to
6    the Horse Racing Tax Allocation Fund, provided that, to the
7    extent the total amount collected and distributed to the
8    Horse Racing Tax Allocation Fund under this subsection (h)
9    during any calendar year exceeds the amount collected and
10    distributed to the Horse Racing Tax Allocation Fund during
11    calendar year 1994, that excess amount shall be
12    redistributed (I) to all inter-track wagering location
13    licensees, based on each licensee's pro-rata share of the
14    total handle from inter-track wagering and simulcast
15    wagering for all inter-track wagering location licensees
16    during the calendar year in which this provision is
17    applicable; then (II) the amounts redistributed to each
18    inter-track wagering location licensee as described in
19    subpart (I) shall be further redistributed as provided in
20    subparagraph (B) of paragraph (5) of subsection (g) of this
21    Section 26 provided first, that the shares of those
22    amounts, which are to be redistributed to the host track or
23    to purses at the host track under subparagraph (B) of
24    paragraph (5) of subsection (g) of this Section 26 shall be
25    redistributed based on each host track's pro rata share of
26    the total inter-track wagering and simulcast wagering

 

 

09700HB3779sam005- 38 -LRB097 11985 AMC 70166 a

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

 

 

09700HB3779sam005- 39 -LRB097 11985 AMC 70166 a

1    location licensee that accepts wagers on races conducted by
2    an organization licensee that conducts a race meet in a
3    county with a population in excess of 230,000 and that
4    borders the Mississippi River shall not divide any
5    remaining retention with the organization licensee.
6    Notwithstanding the provisions of clauses (ii) and (iv) of
7    this paragraph, in the case of the additional inter-track
8    wagering location licenses authorized under paragraph (1)
9    of this subsection (h) by this amendatory Act of 1991,
10    those licensees shall pay the following amounts as purses:
11    during the first 12 months the licensee is in operation,
12    5.25% of the pari-mutuel handle wagered at the location on
13    races; during the second 12 months, 5.25%; during the third
14    12 months, 5.75%; during the fourth 12 months, 6.25%; and
15    during the fifth 12 months and thereafter, 6.75%. The
16    following amounts shall be retained by the licensee to
17    satisfy all costs and expenses of conducting its wagering:
18    during the first 12 months the licensee is in operation,
19    8.25% of the pari-mutuel handle wagered at the location;
20    during the second 12 months, 8.25%; during the third 12
21    months, 7.75%; during the fourth 12 months, 7.25%; and
22    during the fifth 12 months and thereafter, 6.75%. For
23    additional intertrack wagering location licensees
24    authorized under this amendatory Act of 1995, purses for
25    the first 12 months the licensee is in operation shall be
26    5.75% of the pari-mutuel wagered at the location, purses

 

 

09700HB3779sam005- 40 -LRB097 11985 AMC 70166 a

1    for the second 12 months the licensee is in operation shall
2    be 6.25%, and purses thereafter shall be 6.75%. For
3    additional intertrack location licensees authorized under
4    this amendatory Act of 1995, the licensee shall be allowed
5    to retain to satisfy all costs and expenses: 7.75% of the
6    pari-mutuel handle wagered at the location during its first
7    12 months of operation, 7.25% during its second 12 months
8    of operation, and 6.75% thereafter.
9        (C) There is hereby created the Horse Racing Tax
10    Allocation Fund which shall remain in existence until
11    December 31, 1999. Moneys remaining in the Fund after
12    December 31, 1999 shall be paid into the General Revenue
13    Fund. Until January 1, 2000, all monies paid into the Horse
14    Racing Tax Allocation Fund pursuant to this paragraph (11)
15    by inter-track wagering location licensees located in park
16    districts of 500,000 population or less, or in a
17    municipality that is not included within any park district
18    but is included within a conservation district and is the
19    county seat of a county that (i) is contiguous to the state
20    of Indiana and (ii) has a 1990 population of 88,257
21    according to the United States Bureau of the Census, and
22    operating on May 1, 1994 shall be allocated by
23    appropriation as follows:
24            Two-sevenths to the Department of Agriculture.
25        Fifty percent of this two-sevenths shall be used to
26        promote the Illinois horse racing and breeding

 

 

09700HB3779sam005- 41 -LRB097 11985 AMC 70166 a

1        industry, and shall be distributed by the Department of
2        Agriculture upon the advice of a 9-member committee
3        appointed by the Governor consisting of the following
4        members: the Director of Agriculture, who shall serve
5        as chairman; 2 representatives of organization
6        licensees conducting thoroughbred race meetings in
7        this State, recommended by those licensees; 2
8        representatives of organization licensees conducting
9        standardbred race meetings in this State, recommended
10        by those licensees; a representative of the Illinois
11        Thoroughbred Breeders and Owners Foundation,
12        recommended by that Foundation; a representative of
13        the Illinois Standardbred Owners and Breeders
14        Association, recommended by that Association; a
15        representative of the Horsemen's Benevolent and
16        Protective Association or any successor organization
17        thereto established in Illinois comprised of the
18        largest number of owners and trainers, recommended by
19        that Association or that successor organization; and a
20        representative of the Illinois Harness Horsemen's
21        Association, recommended by that Association.
22        Committee members shall serve for terms of 2 years,
23        commencing January 1 of each even-numbered year. If a
24        representative of any of the above-named entities has
25        not been recommended by January 1 of any even-numbered
26        year, the Governor shall appoint a committee member to

 

 

09700HB3779sam005- 42 -LRB097 11985 AMC 70166 a

1        fill that position. Committee members shall receive no
2        compensation for their services as members but shall be
3        reimbursed for all actual and necessary expenses and
4        disbursements incurred in the performance of their
5        official duties. The remaining 50% of this
6        two-sevenths shall be distributed to county fairs for
7        premiums and rehabilitation as set forth in the
8        Agricultural Fair Act;
9            Four-sevenths to park districts or municipalities
10        that do not have a park district of 500,000 population
11        or less for museum purposes (if an inter-track wagering
12        location licensee is located in such a park district)
13        or to conservation districts for museum purposes (if an
14        inter-track wagering location licensee is located in a
15        municipality that is not included within any park
16        district but is included within a conservation
17        district and is the county seat of a county that (i) is
18        contiguous to the state of Indiana and (ii) has a 1990
19        population of 88,257 according to the United States
20        Bureau of the Census, except that if the conservation
21        district does not maintain a museum, the monies shall
22        be allocated equally between the county and the
23        municipality in which the inter-track wagering
24        location licensee is located for general purposes) or
25        to a municipal recreation board for park purposes (if
26        an inter-track wagering location licensee is located

 

 

09700HB3779sam005- 43 -LRB097 11985 AMC 70166 a

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

 

 

09700HB3779sam005- 44 -LRB097 11985 AMC 70166 a

1        used for distribution to agricultural home economics
2        extension councils in accordance with "An Act in
3        relation to additional support and finances for the
4        Agricultural and Home Economic Extension Councils in
5        the several counties of this State and making an
6        appropriation therefor", approved July 24, 1967.
7        Until January 1, 2000, all other monies paid into the
8    Horse Racing Tax Allocation Fund pursuant to this paragraph
9    (11) shall be allocated by appropriation as follows:
10            Two-sevenths to the Department of Agriculture.
11        Fifty percent of this two-sevenths shall be used to
12        promote the Illinois horse racing and breeding
13        industry, and shall be distributed by the Department of
14        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

 

 

09700HB3779sam005- 45 -LRB097 11985 AMC 70166 a

1        representative of the Horsemen's Benevolent and
2        Protective Association or any successor organization
3        thereto established in Illinois comprised of the
4        largest number of owners and trainers, recommended by
5        that Association or that successor organization; and a
6        representative of the Illinois Harness Horsemen's
7        Association, recommended by that Association.
8        Committee members shall serve for terms of 2 years,
9        commencing January 1 of each even-numbered year. If a
10        representative of any of the above-named entities has
11        not been recommended by January 1 of any even-numbered
12        year, the Governor shall appoint a committee member to
13        fill that position. Committee members shall receive no
14        compensation for their services as members but shall be
15        reimbursed for all actual and necessary expenses and
16        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 2
26        of the Park District Aquarium and Museum Act; and

 

 

09700HB3779sam005- 46 -LRB097 11985 AMC 70166 a

1            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        intertrack wagering, the monies so retained shall be
13        divided as follows:
14                (i) If the inter-track wagering licensee,
15            except an intertrack 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 same
20            dates, then the entire purse allocation shall be to
21            purses at the track where the races wagered on are
22            being conducted.
23                (ii) If the inter-track wagering licensee,
24            except an intertrack wagering licensee that
25            derives its license from an organization licensee
26            located in a county with a population in excess of

 

 

09700HB3779sam005- 47 -LRB097 11985 AMC 70166 a

1            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 races
5            wagered on are being conducted; 50% to purses at
6            the track where the inter-track wagering licensee
7            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 intertrack 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

 

 

09700HB3779sam005- 48 -LRB097 11985 AMC 70166 a

1        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 enter
8        the facilities of any licensee to determine whether
9        there has been compliance with the provisions of this
10        Act and the rules and regulations relating to the
11        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

 

 

09700HB3779sam005- 49 -LRB097 11985 AMC 70166 a

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

 

 

09700HB3779sam005- 50 -LRB097 11985 AMC 70166 a

1    which are in addition to the licensee's previously approved
2    racing program, those races shall be considered a separate
3    racing day for the purpose of determining the daily handle
4    and computing the privilege or pari-mutuel tax on that
5    daily handle as provided in Sections 27 and 27.1. Such
6    agreements shall be approved by the Board before such
7    wagering may be conducted. In determining whether to grant
8    approval, the Board shall give due consideration to the
9    best interests of the public and of horse racing. The
10    provisions of paragraphs (1), (8), (8.1), and (8.2) of
11    subsection (h) of this Section which are not specified in
12    this paragraph (13) shall not apply to licensed race
13    meetings conducted by the Department of Agriculture at the
14    Illinois State Fair in Sangamon County or the DuQuoin State
15    Fair in Perry County, or to any wagering conducted on those
16    race meetings.
17    (i) Notwithstanding the other provisions of this Act, the
18conduct of wagering at wagering facilities is authorized on all
19days, except as limited by subsection (b) of Section 19 of this
20Act.
21(Source: P.A. 96-762, eff. 8-25-09.)
 
22    (230 ILCS 5/26.7 new)
23    Sec. 26.7. Advanced deposit wagering surcharge. Beginning
24on August 26, 2012, each advance deposit wagering licensee
25shall impose a surcharge of up to 0.18% on winning wagers and

 

 

09700HB3779sam005- 51 -LRB097 11985 AMC 70166 a

1winnings from wagers placed through advance deposit wagering.
2The surcharge shall be deducted from winnings prior to payout.
3Amounts derived from a surcharge imposed under this Section
4shall be paid to the standardbred purse accounts of
5organization licensees conducting standardbred racing.
 
6    (230 ILCS 5/27)  (from Ch. 8, par. 37-27)
7    Sec. 27. (a) In addition to the organization license fee
8provided by this Act, until January 1, 2000, a graduated
9privilege tax is hereby imposed for conducting the pari-mutuel
10system of wagering permitted under this Act. Until January 1,
112000, except as provided in subsection (g) of Section 27 of
12this Act, all of the breakage of each racing day held by any
13licensee in the State shall be paid to the State. Until January
141, 2000, such daily graduated privilege tax shall be paid by
15the licensee from the amount permitted to be retained under
16this Act. Until January 1, 2000, each day's graduated privilege
17tax, breakage, and Horse Racing Tax Allocation funds shall be
18remitted to the Department of Revenue within 48 hours after the
19close of the racing day upon which it is assessed or within
20such other time as the Board prescribes. The privilege tax
21hereby imposed, until January 1, 2000, shall be a flat tax at
22the rate of 2% of the daily pari-mutuel handle except as
23provided in Section 27.1.
24    In addition, every organization licensee, except as
25provided in Section 27.1 of this Act, which conducts multiple

 

 

09700HB3779sam005- 52 -LRB097 11985 AMC 70166 a

1wagering shall pay, until January 1, 2000, as a privilege tax
2on multiple wagers an amount equal to 1.25% of all moneys
3wagered each day on such multiple wagers, plus an additional
4amount equal to 3.5% of the amount wagered each day on any
5other multiple wager which involves a single betting interest
6on 3 or more horses. The licensee shall remit the amount of
7such taxes to the Department of Revenue within 48 hours after
8the close of the racing day on which it is assessed or within
9such other time as the Board prescribes.
10    This subsection (a) shall be inoperative and of no force
11and effect on and after January 1, 2000.
12    (a-5) Beginning on January 1, 2000, a flat pari-mutuel tax
13at the rate of 1.5% of the daily pari-mutuel handle is imposed
14at all pari-mutuel wagering facilities and on advance deposit
15wagering from a location other than a wagering facility, except
16as otherwise provided for in this subsection (a-5). In addition
17to the pari-mutuel tax imposed on advance deposit wagering
18pursuant to this subsection (a-5), beginning on the effective
19date of this amendatory Act of the 97th General Assembly until
20May 1, 2013, an additional pari-mutuel tax at the rate of 0.25%
21shall be imposed on advance deposit wagering, the amount of
22which shall not exceed $250,000 in each calendar year. Until
23August 25, 2012, the The additional 0.25% pari-mutuel tax
24imposed on advance deposit wagering by Public Act 96-972 this
25amendatory Act of the 96th General Assembly shall be deposited
26into the Quarter Horse Purse Fund, which shall be created as a

 

 

09700HB3779sam005- 53 -LRB097 11985 AMC 70166 a

1non-appropriated trust fund administered by the Board for
2grants to thoroughbred organization licensees for payment of
3purses for quarter horse races conducted by the organization
4licensee. Beginning on August 26, 2012, the additional 0.25%
5pari-mutuel tax imposed on advance deposit wagering shall be
6deposited equally into the standardbred purse accounts of
7organization licensees conducting standardbred racing.
8Thoroughbred organization licensees may petition the Board to
9conduct quarter horse racing and receive purse grants from the
10Quarter Horse Purse Fund. The Board shall have complete
11discretion in distributing the Quarter Horse Purse Fund to the
12petitioning organization licensees. Beginning on the effective
13date of this amendatory Act of the 96th General Assembly and
14until moneys deposited pursuant to Section 54 are distributed
15and received, a pari-mutuel tax at the rate of 0.75% of the
16daily pari-mutuel handle is imposed at a pari-mutuel facility
17whose license is derived from a track located in a county that
18borders the Mississippi River and conducted live racing in the
19previous year. After moneys deposited pursuant to Section 54
20are distributed and received, a pari-mutuel tax at the rate of
211.5% of the daily pari-mutuel handle is imposed at a
22pari-mutuel facility whose license is derived from a track
23located in a county that borders the Mississippi River and
24conducted live racing in the previous year. The pari-mutuel tax
25imposed by this subsection (a-5) shall be remitted to the
26Department of Revenue within 48 hours after the close of the

 

 

09700HB3779sam005- 54 -LRB097 11985 AMC 70166 a

1racing day upon which it is assessed or within such other time
2as the Board prescribes.
3    (b) On or before December 31, 1999, in the event that any
4organization licensee conducts 2 separate programs of races on
5any day, each such program shall be considered a separate
6racing day for purposes of determining the daily handle and
7computing the privilege tax on such daily handle as provided in
8subsection (a) of this Section.
9    (c) Licensees shall at all times keep accurate books and
10records of all monies wagered on each day of a race meeting and
11of the taxes paid to the Department of Revenue under the
12provisions of this Section. The Board or its duly authorized
13representative or representatives shall at all reasonable
14times have access to such records for the purpose of examining
15and checking the same and ascertaining whether the proper
16amount of taxes is being paid as provided. The Board shall
17require verified reports and a statement of the total of all
18monies wagered daily at each wagering facility upon which the
19taxes are assessed and may prescribe forms upon which such
20reports and statement shall be made.
21    (d) Any licensee failing or refusing to pay the amount of
22any tax due under this Section shall be guilty of a business
23offense and upon conviction shall be fined not more than $5,000
24in addition to the amount found due as tax under this Section.
25Each day's violation shall constitute a separate offense. All
26fines paid into Court by a licensee hereunder shall be

 

 

09700HB3779sam005- 55 -LRB097 11985 AMC 70166 a

1transmitted and paid over by the Clerk of the Court to the
2Board.
3    (e) No other license fee, privilege tax, excise tax, or
4racing fee, except as provided in this Act, shall be assessed
5or collected from any such licensee by the State.
6    (f) No other license fee, privilege tax, excise tax or
7racing fee shall be assessed or collected from any such
8licensee by units of local government except as provided in
9paragraph 10.1 of subsection (h) and subsection (f) of Section
1026 of this Act. However, any municipality that has a Board
11licensed horse race meeting at a race track wholly within its
12corporate boundaries or a township that has a Board licensed
13horse race meeting at a race track wholly within the
14unincorporated area of the township may charge a local
15amusement tax not to exceed 10¢ per admission to such horse
16race meeting by the enactment of an ordinance. However, any
17municipality or county that has a Board licensed inter-track
18wagering location facility wholly within its corporate
19boundaries may each impose an admission fee not to exceed $1.00
20per admission to such inter-track wagering location facility,
21so that a total of not more than $2.00 per admission may be
22imposed. Except as provided in subparagraph (g) of Section 27
23of this Act, the inter-track wagering location licensee shall
24collect any and all such fees and within 48 hours remit the
25fees to the Board, which shall, pursuant to rule, cause the
26fees to be distributed to the county or municipality.

 

 

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1    (g) Notwithstanding any provision in this Act to the
2contrary, if in any calendar year the total taxes and fees
3required to be collected from licensees and distributed under
4this Act to all State and local governmental authorities
5exceeds the amount of such taxes and fees distributed to each
6State and local governmental authority to which each State and
7local governmental authority was entitled under this Act for
8calendar year 1994, then the first $11 million of that excess
9amount shall be allocated at the earliest possible date for
10distribution as purse money for the succeeding calendar year.
11Upon reaching the 1994 level, and until the excess amount of
12taxes and fees exceeds $11 million, the Board shall direct all
13licensees to cease paying the subject taxes and fees and the
14Board shall direct all licensees to allocate any such excess
15amount for purses as follows:
16        (i) the excess amount shall be initially divided
17    between thoroughbred and standardbred purses based on the
18    thoroughbred's and standardbred's respective percentages
19    of total Illinois live wagering in calendar year 1994;
20        (ii) each thoroughbred and standardbred organization
21    licensee issued an organization licensee in that
22    succeeding allocation year shall be allocated an amount
23    equal to the product of its percentage of total Illinois
24    live thoroughbred or standardbred wagering in calendar
25    year 1994 (the total to be determined based on the sum of
26    1994 on-track wagering for all organization licensees

 

 

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1    issued organization licenses in both the allocation year
2    and the preceding year) multiplied by the total amount
3    allocated for standardbred or thoroughbred purses,
4    provided that the first $1,500,000 of the amount allocated
5    to standardbred purses under item (i) shall be allocated to
6    the Department of Agriculture to be expended with the
7    assistance and advice of the Illinois Standardbred
8    Breeders Funds Advisory Board for the purposes listed in
9    subsection (g) of Section 31 of this Act, before the amount
10    allocated to standardbred purses under item (i) is
11    allocated to standardbred organization licensees in the
12    succeeding allocation year.
13    To the extent the excess amount of taxes and fees to be
14collected and distributed to State and local governmental
15authorities exceeds $11 million, that excess amount shall be
16collected and distributed to State and local authorities as
17provided for under this Act.
18(Source: P.A. 96-762, eff. 8-25-09; 96-1287, eff. 7-26-10.)
 
19    (230 ILCS 5/28)  (from Ch. 8, par. 37-28)
20    Sec. 28. Except as provided in subsection (g) of Section 27
21of this Act, moneys collected shall be distributed according to
22the provisions of this Section 28.
23    (a) Thirty per cent of the total of all monies received by
24the State as privilege taxes shall be paid into the
25Metropolitan Exposition Auditorium and Office Building Fund in

 

 

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1the State Treasury.
2    (b) In addition, 4.5% of the total of all monies received
3by the State as privilege taxes shall be paid into the State
4treasury into a special Fund to be known as the Metropolitan
5Exposition, Auditorium, and Office Building Fund.
6    (c) Fifty per cent of the total of all monies received by
7the State as privilege taxes under the provisions of this Act
8shall be paid into the Agricultural Premium Fund.
9    (d) Seven per cent of the total of all monies received by
10the State as privilege taxes shall be paid into the Fair and
11Exposition Fund in the State treasury; provided, however, that
12when all bonds issued prior to July 1, 1984 by the Metropolitan
13Fair and Exposition Authority shall have been paid or payment
14shall have been provided for upon a refunding of those bonds,
15thereafter 1/12 of $1,665,662 of such monies shall be paid each
16month into the Build Illinois Fund, and the remainder into the
17Fair and Exposition Fund. All excess monies shall be allocated
18to the Department of Agriculture for distribution to county
19fairs for premiums and rehabilitation as set forth in the
20Agricultural Fair Act.
21    (e) The monies provided for in Section 30 shall be paid
22into the Illinois Thoroughbred Breeders Fund.
23    (f) The monies provided for in Section 31 shall be paid
24into the Illinois Standardbred Breeders Fund.
25    (g) Until January 1, 2000, that part representing 1/2 of
26the total breakage in Thoroughbred, Harness, Appaloosa,

 

 

09700HB3779sam005- 59 -LRB097 11985 AMC 70166 a

1Arabian, and Quarter Horse racing in the State shall be paid
2into the Illinois Race Track Improvement Fund as established in
3Section 32.
4    (h) All other monies received by the Board under this Act
5shall be paid into the Horse Racing Fund General Revenue Fund
6of the State.
7    (i) The salaries of the Board members, secretary, stewards,
8directors of mutuels, veterinarians, representatives,
9accountants, clerks, stenographers, inspectors and other
10employees of the Board, and all expenses of the Board incident
11to the administration of this Act, including, but not limited
12to, all expenses and salaries incident to the taking of saliva
13and urine samples in accordance with the rules and regulations
14of the Board shall be paid out of the Agricultural Premium
15Fund.
16    (j) The Agricultural Premium Fund shall also be used:
17        (1) for the expenses of operating the Illinois State
18    Fair and the DuQuoin State Fair, including the payment of
19    prize money or premiums;
20        (2) for the distribution to county fairs, vocational
21    agriculture section fairs, agricultural societies, and
22    agricultural extension clubs in accordance with the
23    Agricultural Fair Act, as amended;
24        (3) for payment of prize monies and premiums awarded
25    and for expenses incurred in connection with the
26    International Livestock Exposition and the Mid-Continent

 

 

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1    Livestock Exposition held in Illinois, which premiums, and
2    awards must be approved, and paid by the Illinois
3    Department of Agriculture;
4        (4) for personal service of county agricultural
5    advisors and county home advisors;
6        (5) for distribution to agricultural home economic
7    extension councils in accordance with "An Act in relation
8    to additional support and finance for the Agricultural and
9    Home Economic Extension Councils in the several counties in
10    this State and making an appropriation therefor", approved
11    July 24, 1967, as amended;
12        (6) for research on equine disease, including a
13    development center therefor;
14        (7) for training scholarships for study on equine
15    diseases to students at the University of Illinois College
16    of Veterinary Medicine;
17        (8) for the rehabilitation, repair and maintenance of
18    the Illinois and DuQuoin State Fair Grounds and the
19    structures and facilities thereon and the construction of
20    permanent improvements on such Fair Grounds, including
21    such structures, facilities and property located on such
22    State Fair Grounds which are under the custody and control
23    of the Department of Agriculture;
24        (9) for the expenses of the Department of Agriculture
25    under Section 5-530 of the Departments of State Government
26    Law (20 ILCS 5/5-530);

 

 

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1        (10) for the expenses of the Department of Commerce and
2    Economic Opportunity under Sections 605-620, 605-625, and
3    605-630 of the Department of Commerce and Economic
4    Opportunity Law (20 ILCS 605/605-620, 605/605-625, and
5    605/605-630);
6        (11) for remodeling, expanding, and reconstructing
7    facilities destroyed by fire of any Fair and Exposition
8    Authority in counties with a population of 1,000,000 or
9    more inhabitants;
10        (12) for the purpose of assisting in the care and
11    general rehabilitation of disabled veterans of any war and
12    their surviving spouses and orphans;
13        (13) for expenses of the Department of State Police for
14    duties performed under this Act;
15        (14) for the Department of Agriculture for soil surveys
16    and soil and water conservation purposes;
17        (15) for the Department of Agriculture for grants to
18    the City of Chicago for conducting the Chicagofest;
19        (16) for the State Comptroller for grants and operating
20    expenses authorized by the Illinois Global Partnership
21    Act.
22    (k) To the extent that monies paid by the Board to the
23Agricultural Premium Fund are in the opinion of the Governor in
24excess of the amount necessary for the purposes herein stated,
25the Governor shall notify the Comptroller and the State
26Treasurer of such fact, who, upon receipt of such notification,

 

 

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1shall transfer such excess monies from the Agricultural Premium
2Fund to the General Revenue Fund.
3(Source: P.A. 94-91, Sections 55-135 and 90-10, eff. 7-1-05.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".