Illinois General Assembly - Full Text of HB3779
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Full Text of HB3779  97th General Assembly

HB3779enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
HB3779 EnrolledLRB097 11985 PJG 55632 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Horse Racing Act of 1975 is amended
5by changing Sections 9, 15.1, 18, 26, 27, and 28 and by adding
6Section 26.7 as follows:
 
7    (230 ILCS 5/9)  (from Ch. 8, par. 37-9)
8    Sec. 9. The Board shall have all powers necessary and
9proper to fully and effectively execute the provisions of this
10Act, including, but not limited to, the following:
11    (a) The Board is vested with jurisdiction and supervision
12over all race meetings in this State, over all licensees doing
13business in this State, over all occupation licensees, and over
14all persons on the facilities of any licensee. Such
15jurisdiction shall include the power to issue licenses to the
16Illinois Department of Agriculture authorizing the pari-mutuel
17system of wagering on harness and Quarter Horse races held (1)
18at the Illinois State Fair in Sangamon County, and (2) at the
19DuQuoin State Fair in Perry County. The jurisdiction of the
20Board shall also include the power to issue licenses to county
21fairs which are eligible to receive funds pursuant to the
22Agricultural Fair Act, as now or hereafter amended, or their
23agents, authorizing the pari-mutuel system of wagering on horse

 

 

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1races conducted at the county fairs receiving such licenses.
2Such licenses shall be governed by subsection (n) of this
3Section.
4    Upon application, the Board shall issue a license to the
5Illinois Department of Agriculture to conduct harness and
6Quarter Horse races at the Illinois State Fair and at the
7DuQuoin State Fairgrounds during the scheduled dates of each
8fair. The Board shall not require and the Department of
9Agriculture shall be exempt from the requirements of Sections
1015.3, 18 and 19, paragraphs (a)(2), (b), (c), (d), (e), (e-5),
11(e-10), (f), (g), and (h) of Section 20, and Sections 21, 24
12and 25. The Board and the Department of Agriculture may extend
13any or all of these exemptions to any contractor or agent
14engaged by the Department of Agriculture to conduct its race
15meetings when the Board determines that this would best serve
16the public interest and the interest of horse racing.
17    Notwithstanding any provision of law to the contrary, it
18shall be lawful for any licensee to operate pari-mutuel
19wagering or contract with the Department of Agriculture to
20operate pari-mutuel wagering at the DuQuoin State Fairgrounds
21or for the Department to enter into contracts with a licensee,
22employ its owners, employees or agents and employ such other
23occupation licensees as the Department deems necessary in
24connection with race meetings and wagerings.
25    (b) The Board is vested with the full power to promulgate
26reasonable rules and regulations for the purpose of

 

 

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1administering the provisions of this Act and to prescribe
2reasonable rules, regulations and conditions under which all
3horse race meetings or wagering in the State shall be
4conducted. Such reasonable rules and regulations are to provide
5for the prevention of practices detrimental to the public
6interest and to promote the best interests of horse racing and
7to impose penalties for violations thereof.
8    (c) The Board, and any person or persons to whom it
9delegates this power, is vested with the power to enter the
10facilities and other places of business of any licensee to
11determine whether there has been compliance with the provisions
12of this Act and its rules and regulations.
13    (d) The Board, and any person or persons to whom it
14delegates this power, is vested with the authority to
15investigate alleged violations of the provisions of this Act,
16its reasonable rules and regulations, orders and final
17decisions; the Board shall take appropriate disciplinary
18action against any licensee or occupation licensee for
19violation thereof or institute appropriate legal action for the
20enforcement thereof.
21    (e) The Board, and any person or persons to whom it
22delegates this power, may eject or exclude from any race
23meeting or the facilities of any licensee, or any part thereof,
24any occupation licensee or any other individual whose conduct
25or reputation is such that his presence on those facilities
26may, in the opinion of the Board, call into question the

 

 

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1honesty and integrity of horse racing or wagering or interfere
2with the orderly conduct of horse racing or wagering; provided,
3however, that no person shall be excluded or ejected from the
4facilities of any licensee solely on the grounds of race,
5color, creed, national origin, ancestry, or sex. The power to
6eject or exclude an occupation licensee or other individual may
7be exercised for just cause by the licensee or the Board,
8subject to subsequent hearing by the Board as to the propriety
9of said exclusion.
10    (f) The Board is vested with the power to acquire,
11establish, maintain and operate (or provide by contract to
12maintain and operate) testing laboratories and related
13facilities, for the purpose of conducting saliva, blood, urine
14and other tests on the horses run or to be run in any horse race
15meeting and to purchase all equipment and supplies deemed
16necessary or desirable in connection with any such testing
17laboratories and related facilities and all such tests.
18    (g) The Board may require that the records, including
19financial or other statements of any licensee or any person
20affiliated with the licensee who is involved directly or
21indirectly in the activities of any licensee as regulated under
22this Act to the extent that those financial or other statements
23relate to such activities be kept in such manner as prescribed
24by the Board, and that Board employees shall have access to
25those records during reasonable business hours. Within 120 days
26of the end of its fiscal year, each licensee shall transmit to

 

 

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1the Board an audit of the financial transactions and condition
2of the licensee's total operations. All audits shall be
3conducted by certified public accountants. Each certified
4public accountant must be registered in the State of Illinois
5under the Illinois Public Accounting Act. The compensation for
6each certified public accountant shall be paid directly by the
7licensee to the certified public accountant. A licensee shall
8also submit any other financial or related information the
9Board deems necessary to effectively administer this Act and
10all rules, regulations, and final decisions promulgated under
11this Act.
12    (h) The Board shall name and appoint in the manner provided
13by the rules and regulations of the Board: an Executive
14Director; a State director of mutuels; State veterinarians and
15representatives to take saliva, blood, urine and other tests on
16horses; licensing personnel; revenue inspectors; and State
17seasonal employees (excluding admission ticket sellers and
18mutuel clerks). All of those named and appointed as provided in
19this subsection shall serve during the pleasure of the Board;
20their compensation shall be determined by the Board and be paid
21in the same manner as other employees of the Board under this
22Act.
23    (i) The Board shall require that there shall be 3 stewards
24at each horse race meeting, at least 2 of whom shall be named
25and appointed by the Board. Stewards appointed or approved by
26the Board, while performing duties required by this Act or by

 

 

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1the Board, shall be entitled to the same rights and immunities
2as granted to Board members and Board employees in Section 10
3of this Act.
4    (j) The Board may discharge any Board employee who fails or
5refuses for any reason to comply with the rules and regulations
6of the Board, or who, in the opinion of the Board, is guilty of
7fraud, dishonesty or who is proven to be incompetent. The Board
8shall have no right or power to determine who shall be
9officers, directors or employees of any licensee, or their
10salaries except the Board may, by rule, require that all or any
11officials or employees in charge of or whose duties relate to
12the actual running of races be approved by the Board.
13    (k) The Board is vested with the power to appoint delegates
14to execute any of the powers granted to it under this Section
15for the purpose of administering this Act and any rules or
16regulations promulgated in accordance with this Act.
17    (l) The Board is vested with the power to impose civil
18penalties of up to $5,000 against an individual and up to
19$10,000 against a licensee for each violation of any provision
20of this Act, any rules adopted by the Board, any order of the
21Board or any other action which, in the Board's discretion, is
22a detriment or impediment to horse racing or wagering. All such
23civil penalties shall be deposited into the Horse Racing Fund.
24    (m) The Board is vested with the power to prescribe a form
25to be used by licensees as an application for employment for
26employees of each licensee.

 

 

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1    (n) The Board shall have the power to issue a license to
2any county fair, or its agent, authorizing the conduct of the
3pari-mutuel system of wagering. The Board is vested with the
4full power to promulgate reasonable rules, regulations and
5conditions under which all horse race meetings licensed
6pursuant to this subsection shall be held and conducted,
7including rules, regulations and conditions for the conduct of
8the pari-mutuel system of wagering. The rules, regulations and
9conditions shall provide for the prevention of practices
10detrimental to the public interest and for the best interests
11of horse racing, and shall prescribe penalties for violations
12thereof. Any authority granted the Board under this Act shall
13extend to its jurisdiction and supervision over county fairs,
14or their agents, licensed pursuant to this subsection. However,
15the Board may waive any provision of this Act or its rules or
16regulations which would otherwise apply to such county fairs or
17their agents.
18    (o) Whenever the Board is authorized or required by law to
19consider some aspect of criminal history record information for
20the purpose of carrying out its statutory powers and
21responsibilities, then, upon request and payment of fees in
22conformance with the requirements of Section 2605-400 of the
23Department of State Police Law (20 ILCS 2605/2605-400), the
24Department of State Police is authorized to furnish, pursuant
25to positive identification, such information contained in
26State files as is necessary to fulfill the request.

 

 

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1    (p) To insure the convenience, comfort, and wagering
2accessibility of race track patrons, to provide for the
3maximization of State revenue, and to generate increases in
4purse allotments to the horsemen, the Board shall require any
5licensee to staff the pari-mutuel department with adequate
6personnel.
7(Source: P.A. 91-239, eff. 1-1-00.)
 
8    (230 ILCS 5/15.1)  (from Ch. 8, par. 37-15.1)
9    Sec. 15.1. Upon collection of the fee accompanying the
10application for an occupation license, the Board shall be
11authorized to make daily temporary deposits of the fees, for a
12period not to exceed 7 days, with the horsemen's bookkeeper at
13a race meeting. The horsemen's bookkeeper shall issue a check,
14payable to the order of the Illinois Racing Board, for monies
15deposited under this Section within 24 hours of receipt of the
16monies. Provided however, upon the issuance of the check by the
17horsemen's bookkeeper the check shall be deposited into the
18Horse Racing Fund in the State Treasury in accordance with the
19provisions of the "State Officers and Employees Money
20Disposition Act", approved June 9, 1911, as amended.
21(Source: P.A. 84-432.)
 
22    (230 ILCS 5/18)  (from Ch. 8, par. 37-18)
23    Sec. 18. (a) Together with its application, each applicant
24for racing dates shall deliver to the Board a certified check

 

 

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1or bank draft payable to the order of the Board for $1,000. In
2the event the applicant applies for racing dates in 2 or 3
3successive calendar years as provided in subsection (b) of
4Section 21, the fee shall be $2,000. Filing fees shall not be
5refunded in the event the application is denied. All filing
6fees shall be deposited into the Horse Racing Fund.
7    (b) In addition to the filing fee of $1000 and the fees
8provided in subsection (j) of Section 20, each organization
9licensee shall pay a license fee of $100 for each racing
10program on which its daily pari-mutuel handle is $400,000 or
11more but less than $700,000, and a license fee of $200 for each
12racing program on which its daily pari-mutuel handle is
13$700,000 or more. The additional fees required to be paid under
14this Section by this amendatory Act of 1982 shall be remitted
15by the organization licensee to the Illinois Racing Board with
16each day's graduated privilege tax or pari-mutuel tax and
17breakage as provided under Section 27.
18    (c) Sections 11-42-1, 11-42-5, and 11-54-1 of the "Illinois
19Municipal Code," approved May 29, 1961, as now or hereafter
20amended, shall not apply to any license under this Act.
21(Source: P.A. 91-40, eff. 6-25-99.)
 
22    (230 ILCS 5/26)  (from Ch. 8, par. 37-26)
23    Sec. 26. Wagering.
24    (a) Any licensee may conduct and supervise the pari-mutuel
25system of wagering, as defined in Section 3.12 of this Act, on

 

 

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1horse races conducted by an Illinois organization licensee or
2conducted at a racetrack located in another state or country
3and televised in Illinois in accordance with subsection (g) of
4Section 26 of this Act. Subject to the prior consent of the
5Board, licensees may supplement any pari-mutuel pool in order
6to guarantee a minimum distribution. Such pari-mutuel method of
7wagering shall not, under any circumstances if conducted under
8the provisions of this Act, be held or construed to be
9unlawful, other statutes of this State to the contrary
10notwithstanding. Subject to rules for advance wagering
11promulgated by the Board, any licensee may accept wagers in
12advance of the day of the race wagered upon occurs.
13    (b) No other method of betting, pool making, wagering or
14gambling shall be used or permitted by the licensee. Each
15licensee may retain, subject to the payment of all applicable
16taxes and purses, an amount not to exceed 17% of all money
17wagered under subsection (a) of this Section, except as may
18otherwise be permitted under this Act.
19    (b-5) An individual may place a wager under the pari-mutuel
20system from any licensed location authorized under this Act
21provided that wager is electronically recorded in the manner
22described in Section 3.12 of this Act. Any wager made
23electronically by an individual while physically on the
24premises of a licensee shall be deemed to have been made at the
25premises of that licensee.
26    (c) Until January 1, 2000, the sum held by any licensee for

 

 

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1payment of outstanding pari-mutuel tickets, if unclaimed prior
2to December 31 of the next year, shall be retained by the
3licensee for payment of such tickets until that date. Within 10
4days thereafter, the balance of such sum remaining unclaimed,
5less any uncashed supplements contributed by such licensee for
6the purpose of guaranteeing minimum distributions of any
7pari-mutuel pool, shall be paid to the Illinois Veterans'
8Rehabilitation Fund of the State treasury, except as provided
9in subsection (g) of Section 27 of this Act.
10    (c-5) Beginning January 1, 2000, the sum held by any
11licensee for payment of outstanding pari-mutuel tickets, if
12unclaimed prior to December 31 of the next year, shall be
13retained by the licensee for payment of such tickets until that
14date. Within 10 days thereafter, the balance of such sum
15remaining unclaimed, less any uncashed supplements contributed
16by such licensee for the purpose of guaranteeing minimum
17distributions of any pari-mutuel pool, shall be evenly
18distributed to the purse account of the organization licensee
19and the organization licensee.
20    (d) A pari-mutuel ticket shall be honored until December 31
21of the next calendar year, and the licensee shall pay the same
22and may charge the amount thereof against unpaid money
23similarly accumulated on account of pari-mutuel tickets not
24presented for payment.
25    (e) No licensee shall knowingly permit any minor, other
26than an employee of such licensee or an owner, trainer, jockey,

 

 

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1driver, or employee thereof, to be admitted during a racing
2program unless accompanied by a parent or guardian, or any
3minor to be a patron of the pari-mutuel system of wagering
4conducted or supervised by it. The admission of any
5unaccompanied minor, other than an employee of the licensee or
6an owner, trainer, jockey, driver, or employee thereof at a
7race track is a Class C misdemeanor.
8    (f) Notwithstanding the other provisions of this Act, an
9organization licensee may contract with an entity in another
10state or country to permit any legal wagering entity in another
11state or country to accept wagers solely within such other
12state or country on races conducted by the organization
13licensee in this State. Beginning January 1, 2000, these wagers
14shall not be subject to State taxation. Until January 1, 2000,
15when the out-of-State entity conducts a pari-mutuel pool
16separate from the organization licensee, a privilege tax equal
17to 7 1/2% of all monies received by the organization licensee
18from entities in other states or countries pursuant to such
19contracts is imposed on the organization licensee, and such
20privilege tax shall be remitted to the Department of Revenue
21within 48 hours of receipt of the moneys from the simulcast.
22When the out-of-State entity conducts a combined pari-mutuel
23pool with the organization licensee, the tax shall be 10% of
24all monies received by the organization licensee with 25% of
25the receipts from this 10% tax to be distributed to the county
26in which the race was conducted.

 

 

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1    An organization licensee may permit one or more of its
2races to be utilized for pari-mutuel wagering at one or more
3locations in other states and may transmit audio and visual
4signals of races the organization licensee conducts to one or
5more locations outside the State or country and may also permit
6pari-mutuel pools in other states or countries to be combined
7with its gross or net wagering pools or with wagering pools
8established by other states.
9    (g) A host track may accept interstate simulcast wagers on
10horse races conducted in other states or countries and shall
11control the number of signals and types of breeds of racing in
12its simulcast program, subject to the disapproval of the Board.
13The Board may prohibit a simulcast program only if it finds
14that the simulcast program is clearly adverse to the integrity
15of racing. The host track simulcast program shall include the
16signal of live racing of all organization licensees. All
17non-host licensees and advance deposit wagering licensees
18shall carry the signal of and accept wagers on live racing of
19all organization licensees. Advance deposit wagering licensees
20shall not be permitted to accept out-of-state wagers on any
21Illinois signal provided pursuant to this Section without the
22approval and consent of the organization licensee providing the
23signal. Non-host licensees may carry the host track simulcast
24program and shall accept wagers on all races included as part
25of the simulcast program upon which wagering is permitted. All
26organization licensees shall provide their live signal to all

 

 

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

 

 

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1customers. The advance deposit wagering licensee shall not
2charge or collect any fee from purses for the placement of the
3advance deposit wagering terminals. The costs and expenses of
4the host track and non-host licensees associated with
5interstate simulcast wagering, other than the interstate
6commission fee, shall be borne by the host track and all
7non-host licensees incurring these costs. The interstate
8commission fee shall not exceed 5% of Illinois handle on the
9interstate simulcast race or races without prior approval of
10the Board. The Board shall promulgate rules under which it may
11permit interstate commission fees in excess of 5%. The
12interstate commission fee and other fees charged by the sending
13racetrack, including, but not limited to, satellite decoder
14fees, shall be uniformly applied to the host track and all
15non-host licensees.
16    Notwithstanding any other provision of this Act, until
17January 1, 2013 for a period of 3 years after the effective
18date of this amendatory Act of the 96th General Assembly, an
19organization licensee may maintain a system whereby advance
20deposit wagering may take place or an organization licensee,
21with the consent of the horsemen association representing the
22largest number of owners, trainers, jockeys, or standardbred
23drivers who race horses at that organization licensee's racing
24meeting, may contract with another person to carry out a system
25of advance deposit wagering. Such consent may not be
26unreasonably withheld. All advance deposit wagers placed from

 

 

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1within Illinois must be placed through a Board-approved advance
2deposit wagering licensee; no other entity may accept an
3advance deposit wager from a person within Illinois. All
4advance deposit wagering is subject to any rules adopted by the
5Board. The Board may adopt rules necessary to regulate advance
6deposit wagering through the use of emergency rulemaking in
7accordance with Section 5-45 of the Illinois Administrative
8Procedure Act. The General Assembly finds that the adoption of
9rules to regulate advance deposit wagering is deemed an
10emergency and necessary for the public interest, safety, and
11welfare. An advance deposit wagering licensee may retain all
12moneys as agreed to by contract with an organization licensee.
13Any moneys retained by the organization licensee from advance
14deposit wagering, not including moneys retained by the advance
15deposit wagering licensee, shall be paid 50% to the
16organization licensee's purse account and 50% to the
17organization licensee. If more than one breed races at the same
18race track facility, then the 50% of the moneys to be paid to
19an organization licensee's purse account shall be allocated
20among all organization licensees' purse accounts operating at
21that race track facility proportionately based on the actual
22number of host days that the Board grants to that breed at that
23race track facility in the current calendar year. To the extent
24any fees from advance deposit wagering conducted in Illinois
25for wagers in Illinois or other states have been placed in
26escrow or otherwise withheld from wagers pending a

 

 

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1determination of the legality of advance deposit wagering, no
2action shall be brought to declare such wagers or the
3disbursement of any fees previously escrowed illegal.
4        (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
5    intertrack wagering licensee other than the host track may
6    supplement the host track simulcast program with
7    additional simulcast races or race programs, provided that
8    between January 1 and the third Friday in February of any
9    year, inclusive, if no live thoroughbred racing is
10    occurring in Illinois during this period, only
11    thoroughbred races may be used for supplemental interstate
12    simulcast purposes. The Board shall withhold approval for a
13    supplemental interstate simulcast only if it finds that the
14    simulcast is clearly adverse to the integrity of racing. A
15    supplemental interstate simulcast may be transmitted from
16    an intertrack wagering licensee to its affiliated non-host
17    licensees. The interstate commission fee for a
18    supplemental interstate simulcast shall be paid by the
19    non-host licensee and its affiliated non-host licensees
20    receiving the simulcast.
21        (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
22    intertrack wagering licensee other than the host track may
23    receive supplemental interstate simulcasts only with the
24    consent of the host track, except when the Board finds that
25    the simulcast is clearly adverse to the integrity of
26    racing. Consent granted under this paragraph (2) to any

 

 

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1    intertrack wagering licensee shall be deemed consent to all
2    non-host licensees. The interstate commission fee for the
3    supplemental interstate simulcast shall be paid by all
4    participating non-host licensees.
5        (3) Each licensee conducting interstate simulcast
6    wagering may retain, subject to the payment of all
7    applicable taxes and the purses, an amount not to exceed
8    17% of all money wagered. If any licensee conducts the
9    pari-mutuel system wagering on races conducted at
10    racetracks in another state or country, each such race or
11    race program shall be considered a separate racing day for
12    the purpose of determining the daily handle and computing
13    the privilege tax of that daily handle as provided in
14    subsection (a) of Section 27. Until January 1, 2000, from
15    the sums permitted to be retained pursuant to this
16    subsection, each intertrack wagering location licensee
17    shall pay 1% of the pari-mutuel handle wagered on simulcast
18    wagering to the Horse Racing Tax Allocation Fund, subject
19    to the provisions of subparagraph (B) of paragraph (11) of
20    subsection (h) of Section 26 of this Act.
21        (4) A licensee who receives an interstate simulcast may
22    combine its gross or net pools with pools at the sending
23    racetracks pursuant to rules established by the Board. All
24    licensees combining their gross pools at a sending
25    racetrack shall adopt the take-out percentages of the
26    sending racetrack. A licensee may also establish a separate

 

 

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1    pool and takeout structure for wagering purposes on races
2    conducted at race tracks outside of the State of Illinois.
3    The licensee may permit pari-mutuel wagers placed in other
4    states or countries to be combined with its gross or net
5    wagering pools or other wagering pools.
6        (5) After the payment of the interstate commission fee
7    (except for the interstate commission fee on a supplemental
8    interstate simulcast, which shall be paid by the host track
9    and by each non-host licensee through the host-track) and
10    all applicable State and local taxes, except as provided in
11    subsection (g) of Section 27 of this Act, the remainder of
12    moneys retained from simulcast wagering pursuant to this
13    subsection (g), and Section 26.2 shall be divided as
14    follows:
15            (A) For interstate simulcast wagers made at a host
16        track, 50% to the host track and 50% to purses at the
17        host track.
18            (B) For wagers placed on interstate simulcast
19        races, supplemental simulcasts as defined in
20        subparagraphs (1) and (2), and separately pooled races
21        conducted outside of the State of Illinois made at a
22        non-host licensee, 25% to the host track, 25% to the
23        non-host licensee, and 50% to the purses at the host
24        track.
25        (6) Notwithstanding any provision in this Act to the
26    contrary, non-host licensees who derive their licenses

 

 

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

 

 

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1        (g);
2            (C) Between January 1 and the third Friday in
3        February, inclusive, if live thoroughbred racing is
4        occurring in Illinois, between 6:30 a.m. and 6:30 p.m.
5        the purse share from wagers made during this time
6        period to its thoroughbred purse account and between
7        6:30 p.m. and 6:30 a.m. the purse share from wagers
8        made during this time period to its standardbred purse
9        accounts;
10            (D) Between the third Saturday in February and
11        December 31, when the interstate simulcast occurs
12        between the hours of 6:30 a.m. and 6:30 p.m., the purse
13        share to its thoroughbred purse account;
14            (E) Between the third Saturday in February and
15        December 31, when the interstate simulcast occurs
16        between the hours of 6:30 p.m. and 6:30 a.m., the purse
17        share to its standardbred purse account.
18        (7.1) Notwithstanding any other provision of this Act
19    to the contrary, if no standardbred racing is conducted at
20    a racetrack located in Madison County during any calendar
21    year beginning on or after January 1, 2002, all moneys
22    derived by that racetrack from simulcast wagering and
23    inter-track wagering that (1) are to be used for purses and
24    (2) are generated between the hours of 6:30 p.m. and 6:30
25    a.m. during that calendar year shall be paid as follows:
26            (A) If the licensee that conducts horse racing at

 

 

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

 

 

HB3779 Enrolled- 23 -LRB097 11985 PJG 55632 b

1    p.m. during that calendar year shall be deposited as
2    follows:
3            (A) If the licensee that conducts horse racing at
4        that racetrack requests from the Board at least as many
5        racing dates as were conducted in calendar year 2000,
6        80% shall be deposited into its standardbred purse
7        account; and
8            (B) Twenty percent shall be deposited into the
9        Illinois Colt Stakes Purse Distribution Fund. Moneys
10        deposited into the Illinois Colt Stakes Purse
11        Distribution Fund pursuant to this subparagraph (B)
12        shall be paid to Illinois conceived and foaled
13        thoroughbred breeders' programs and to thoroughbred
14        purses for races conducted at any county fairgrounds
15        for Illinois conceived and foaled horses at the
16        discretion of the Department of Agriculture, with the
17        advice and assistance of the Illinois Thoroughbred
18        Breeders Fund Advisory Board. The moneys deposited
19        into the Illinois Colt Stakes Purse Distribution Fund
20        pursuant to this subparagraph (B) shall be deposited
21        within 2 weeks after the day they were generated, shall
22        be in addition to and not in lieu of any other moneys
23        paid to thoroughbred purses under this Act, and shall
24        not be commingled with other moneys deposited into that
25        Fund.
26        (7.3) If no live standardbred racing is conducted at a

 

 

HB3779 Enrolled- 24 -LRB097 11985 PJG 55632 b

1    racetrack located in Madison County in calendar year 2000
2    or 2001, an organization licensee who is licensed to
3    conduct horse racing at that racetrack shall, before
4    January 1, 2002, pay all moneys derived from simulcast
5    wagering and inter-track wagering in calendar years 2000
6    and 2001 and paid into the licensee's standardbred purse
7    account as follows:
8            (A) Eighty percent to that licensee's thoroughbred
9        purse account to be used for thoroughbred purses; and
10            (B) Twenty percent to the Illinois Colt Stakes
11        Purse Distribution Fund.
12        Failure to make the payment to the Illinois Colt Stakes
13    Purse Distribution Fund before January 1, 2002 shall result
14    in the immediate revocation of the licensee's organization
15    license, inter-track wagering license, and inter-track
16    wagering location license.
17        Moneys paid into the Illinois Colt Stakes Purse
18    Distribution Fund pursuant to this paragraph (7.3) shall be
19    paid to purses for standardbred races for Illinois
20    conceived and foaled horses conducted at any county
21    fairgrounds. Moneys paid into the Illinois Colt Stakes
22    Purse Distribution Fund pursuant to this paragraph (7.3)
23    shall be used as determined by the Department of
24    Agriculture, with the advice and assistance of the Illinois
25    Standardbred Breeders Fund Advisory Board, shall be in
26    addition to and not in lieu of any other moneys paid to

 

 

HB3779 Enrolled- 25 -LRB097 11985 PJG 55632 b

1    standardbred purses under this Act, and shall not be
2    commingled with any other moneys paid into that Fund.
3        (7.4) If live standardbred racing is conducted at a
4    racetrack located in Madison County at any time in calendar
5    year 2001 before the payment required under paragraph (7.3)
6    has been made, the organization licensee who is licensed to
7    conduct racing at that racetrack shall pay all moneys
8    derived by that racetrack from simulcast wagering and
9    inter-track wagering during calendar years 2000 and 2001
10    that (1) are to be used for purses and (2) are generated
11    between the hours of 6:30 p.m. and 6:30 a.m. during 2000 or
12    2001 to the standardbred purse account at that racetrack to
13    be used for standardbred purses.
14        (8) Notwithstanding any provision in this Act to the
15    contrary, an organization licensee from a track located in
16    a county with a population in excess of 230,000 and that
17    borders the Mississippi River and its affiliated non-host
18    licensees shall not be entitled to share in any retention
19    generated on racing, inter-track wagering, or simulcast
20    wagering at any other Illinois wagering facility.
21        (8.1) Notwithstanding any provisions in this Act to the
22    contrary, if 2 organization licensees are conducting
23    standardbred race meetings concurrently between the hours
24    of 6:30 p.m. and 6:30 a.m., after payment of all applicable
25    State and local taxes and interstate commission fees, the
26    remainder of the amount retained from simulcast wagering

 

 

HB3779 Enrolled- 26 -LRB097 11985 PJG 55632 b

1    otherwise attributable to the host track and to host track
2    purses shall be split daily between the 2 organization
3    licensees and the purses at the tracks of the 2
4    organization licensees, respectively, based on each
5    organization licensee's share of the total live handle for
6    that day, provided that this provision shall not apply to
7    any non-host licensee that derives its license from a track
8    located in a county with a population in excess of 230,000
9    and that borders the Mississippi River.
10        (9) (Blank).
11        (10) (Blank).
12        (11) (Blank).
13        (12) The Board shall have authority to compel all host
14    tracks to receive the simulcast of any or all races
15    conducted at the Springfield or DuQuoin State fairgrounds
16    and include all such races as part of their simulcast
17    programs.
18        (13) Notwithstanding any other provision of this Act,
19    in the event that the total Illinois pari-mutuel handle on
20    Illinois horse races at all wagering facilities in any
21    calendar year is less than 75% of the total Illinois
22    pari-mutuel handle on Illinois horse races at all such
23    wagering facilities for calendar year 1994, then each
24    wagering facility that has an annual total Illinois
25    pari-mutuel handle on Illinois horse races that is less
26    than 75% of the total Illinois pari-mutuel handle on

 

 

HB3779 Enrolled- 27 -LRB097 11985 PJG 55632 b

1    Illinois horse races at such wagering facility for calendar
2    year 1994, shall be permitted to receive, from any amount
3    otherwise payable to the purse account at the race track
4    with which the wagering facility is affiliated in the
5    succeeding calendar year, an amount equal to 2% of the
6    differential in total Illinois pari-mutuel handle on
7    Illinois horse races at the wagering facility between that
8    calendar year in question and 1994 provided, however, that
9    a wagering facility shall not be entitled to any such
10    payment until the Board certifies in writing to the
11    wagering facility the amount to which the wagering facility
12    is entitled and a schedule for payment of the amount to the
13    wagering facility, based on: (i) the racing dates awarded
14    to the race track affiliated with the wagering facility
15    during the succeeding year; (ii) the sums available or
16    anticipated to be available in the purse account of the
17    race track affiliated with the wagering facility for purses
18    during the succeeding year; and (iii) the need to ensure
19    reasonable purse levels during the payment period. The
20    Board's certification shall be provided no later than
21    January 31 of the succeeding year. In the event a wagering
22    facility entitled to a payment under this paragraph (13) is
23    affiliated with a race track that maintains purse accounts
24    for both standardbred and thoroughbred racing, the amount
25    to be paid to the wagering facility shall be divided
26    between each purse account pro rata, based on the amount of

 

 

HB3779 Enrolled- 28 -LRB097 11985 PJG 55632 b

1    Illinois handle on Illinois standardbred and thoroughbred
2    racing respectively at the wagering facility during the
3    previous calendar year. Annually, the General Assembly
4    shall appropriate sufficient funds from the General
5    Revenue Fund to the Department of Agriculture for payment
6    into the thoroughbred and standardbred horse racing purse
7    accounts at Illinois pari-mutuel tracks. The amount paid to
8    each purse account shall be the amount certified by the
9    Illinois Racing Board in January to be transferred from
10    each account to each eligible racing facility in accordance
11    with the provisions of this Section.
12    (h) The Board may approve and license the conduct of
13inter-track wagering and simulcast wagering by inter-track
14wagering licensees and inter-track wagering location licensees
15subject to the following terms and conditions:
16        (1) Any person licensed to conduct a race meeting (i)
17    at a track where 60 or more days of racing were conducted
18    during the immediately preceding calendar year or where
19    over the 5 immediately preceding calendar years an average
20    of 30 or more days of racing were conducted annually may be
21    issued an inter-track wagering license; (ii) at a track
22    located in a county that is bounded by the Mississippi
23    River, which has a population of less than 150,000
24    according to the 1990 decennial census, and an average of
25    at least 60 days of racing per year between 1985 and 1993
26    may be issued an inter-track wagering license; or (iii) at

 

 

HB3779 Enrolled- 29 -LRB097 11985 PJG 55632 b

1    a track located in Madison County that conducted at least
2    100 days of live racing during the immediately preceding
3    calendar year may be issued an inter-track wagering
4    license, unless a lesser schedule of live racing is the
5    result of (A) weather, unsafe track conditions, or other
6    acts of God; (B) an agreement between the organization
7    licensee and the associations representing the largest
8    number of owners, trainers, jockeys, or standardbred
9    drivers who race horses at that organization licensee's
10    racing meeting; or (C) a finding by the Board of
11    extraordinary circumstances and that it was in the best
12    interest of the public and the sport to conduct fewer than
13    100 days of live racing. Any such person having operating
14    control of the racing facility may also receive up to 6
15    inter-track wagering location licenses. In no event shall
16    more than 6 inter-track wagering locations be established
17    for each eligible race track, except that an eligible race
18    track located in a county that has a population of more
19    than 230,000 and that is bounded by the Mississippi River
20    may establish up to 7 inter-track wagering locations. An
21    application for said license shall be filed with the Board
22    prior to such dates as may be fixed by the Board. With an
23    application for an inter-track wagering location license
24    there shall be delivered to the Board a certified check or
25    bank draft payable to the order of the Board for an amount
26    equal to $500. The application shall be on forms prescribed

 

 

HB3779 Enrolled- 30 -LRB097 11985 PJG 55632 b

1    and furnished by the Board. The application shall comply
2    with all other rules, regulations and conditions imposed by
3    the Board in connection therewith.
4        (2) The Board shall examine the applications with
5    respect to their conformity with this Act and the rules and
6    regulations imposed by the Board. If found to be in
7    compliance with the Act and rules and regulations of the
8    Board, the Board may then issue a license to conduct
9    inter-track wagering and simulcast wagering to such
10    applicant. All such applications shall be acted upon by the
11    Board at a meeting to be held on such date as may be fixed
12    by the Board.
13        (3) In granting licenses to conduct inter-track
14    wagering and simulcast wagering, the Board shall give due
15    consideration to the best interests of the public, of horse
16    racing, and of maximizing revenue to the State.
17        (4) Prior to the issuance of a license to conduct
18    inter-track wagering and simulcast wagering, the applicant
19    shall file with the Board a bond payable to the State of
20    Illinois in the sum of $50,000, executed by the applicant
21    and a surety company or companies authorized to do business
22    in this State, and conditioned upon (i) the payment by the
23    licensee of all taxes due under Section 27 or 27.1 and any
24    other monies due and payable under this Act, and (ii)
25    distribution by the licensee, upon presentation of the
26    winning ticket or tickets, of all sums payable to the

 

 

HB3779 Enrolled- 31 -LRB097 11985 PJG 55632 b

1    patrons of pari-mutuel pools.
2        (5) Each license to conduct inter-track wagering and
3    simulcast wagering shall specify the person to whom it is
4    issued, the dates on which such wagering is permitted, and
5    the track or location where the wagering is to be
6    conducted.
7        (6) All wagering under such license is subject to this
8    Act and to the rules and regulations from time to time
9    prescribed by the Board, and every such license issued by
10    the Board shall contain a recital to that effect.
11        (7) An inter-track wagering licensee or inter-track
12    wagering location licensee may accept wagers at the track
13    or location where it is licensed, or as otherwise provided
14    under this Act.
15        (8) Inter-track wagering or simulcast wagering shall
16    not be conducted at any track less than 5 miles from a
17    track at which a racing meeting is in progress.
18        (8.1) Inter-track wagering location licensees who
19    derive their licenses from a particular organization
20    licensee shall conduct inter-track wagering and simulcast
21    wagering only at locations which are either within 90 miles
22    of that race track where the particular organization
23    licensee is licensed to conduct racing, or within 135 miles
24    of that race track where the particular organization
25    licensee is licensed to conduct racing in the case of race
26    tracks in counties of less than 400,000 that were operating

 

 

HB3779 Enrolled- 32 -LRB097 11985 PJG 55632 b

1    on or before June 1, 1986. However, inter-track wagering
2    and simulcast wagering shall not be conducted by those
3    licensees at any location within 5 miles of any race track
4    at which a horse race meeting has been licensed in the
5    current year, unless the person having operating control of
6    such race track has given its written consent to such
7    inter-track wagering location licensees, which consent
8    must be filed with the Board at or prior to the time
9    application is made.
10        (8.2) Inter-track wagering or simulcast wagering shall
11    not be conducted by an inter-track wagering location
12    licensee at any location within 500 feet of an existing
13    church or existing school, nor within 500 feet of the
14    residences of more than 50 registered voters without
15    receiving written permission from a majority of the
16    registered voters at such residences. Such written
17    permission statements shall be filed with the Board. The
18    distance of 500 feet shall be measured to the nearest part
19    of any building used for worship services, education
20    programs, residential purposes, or conducting inter-track
21    wagering by an inter-track wagering location licensee, and
22    not to property boundaries. However, inter-track wagering
23    or simulcast wagering may be conducted at a site within 500
24    feet of a church, school or residences of 50 or more
25    registered voters if such church, school or residences have
26    been erected or established, or such voters have been

 

 

HB3779 Enrolled- 33 -LRB097 11985 PJG 55632 b

1    registered, after the Board issues the original
2    inter-track wagering location license at the site in
3    question. Inter-track wagering location licensees may
4    conduct inter-track wagering and simulcast wagering only
5    in areas that are zoned for commercial or manufacturing
6    purposes or in areas for which a special use has been
7    approved by the local zoning authority. However, no license
8    to conduct inter-track wagering and simulcast wagering
9    shall be granted by the Board with respect to any
10    inter-track wagering location within the jurisdiction of
11    any local zoning authority which has, by ordinance or by
12    resolution, prohibited the establishment of an inter-track
13    wagering location within its jurisdiction. However,
14    inter-track wagering and simulcast wagering may be
15    conducted at a site if such ordinance or resolution is
16    enacted after the Board licenses the original inter-track
17    wagering location licensee for the site in question.
18        (9) (Blank).
19        (10) An inter-track wagering licensee or an
20    inter-track wagering location licensee may retain, subject
21    to the payment of the privilege taxes and the purses, an
22    amount not to exceed 17% of all money wagered. Each program
23    of racing conducted by each inter-track wagering licensee
24    or inter-track wagering location licensee shall be
25    considered a separate racing day for the purpose of
26    determining the daily handle and computing the privilege

 

 

HB3779 Enrolled- 34 -LRB097 11985 PJG 55632 b

1    tax or pari-mutuel tax on such daily handle as provided in
2    Section 27.
3        (10.1) Except as provided in subsection (g) of Section
4    27 of this Act, inter-track wagering location licensees
5    shall pay 1% of the pari-mutuel handle at each location to
6    the municipality in which such location is situated and 1%
7    of the pari-mutuel handle at each location to the county in
8    which such location is situated. In the event that an
9    inter-track wagering location licensee is situated in an
10    unincorporated area of a county, such licensee shall pay 2%
11    of the pari-mutuel handle from such location to such
12    county.
13        (10.2) Notwithstanding any other provision of this
14    Act, with respect to intertrack wagering at a race track
15    located in a county that has a population of more than
16    230,000 and that is bounded by the Mississippi River ("the
17    first race track"), or at a facility operated by an
18    inter-track wagering licensee or inter-track wagering
19    location licensee that derives its license from the
20    organization licensee that operates the first race track,
21    on races conducted at the first race track or on races
22    conducted at another Illinois race track and
23    simultaneously televised to the first race track or to a
24    facility operated by an inter-track wagering licensee or
25    inter-track wagering location licensee that derives its
26    license from the organization licensee that operates the

 

 

HB3779 Enrolled- 35 -LRB097 11985 PJG 55632 b

1    first race track, those moneys shall be allocated as
2    follows:
3            (A) That portion of all moneys wagered on
4        standardbred racing that is required under this Act to
5        be paid to purses shall be paid to purses for
6        standardbred races.
7            (B) That portion of all moneys wagered on
8        thoroughbred racing that is required under this Act to
9        be paid to purses shall be paid to purses for
10        thoroughbred races.
11        (11) (A) After payment of the privilege or pari-mutuel
12    tax, any other applicable taxes, and the costs and expenses
13    in connection with the gathering, transmission, and
14    dissemination of all data necessary to the conduct of
15    inter-track wagering, the remainder of the monies retained
16    under either Section 26 or Section 26.2 of this Act by the
17    inter-track wagering licensee on inter-track wagering
18    shall be allocated with 50% to be split between the 2
19    participating licensees and 50% to purses, except that an
20    intertrack wagering licensee that derives its license from
21    a track located in a county with a population in excess of
22    230,000 and that borders the Mississippi River shall not
23    divide any remaining retention with the Illinois
24    organization licensee that provides the race or races, and
25    an intertrack wagering licensee that accepts wagers on
26    races conducted by an organization licensee that conducts a

 

 

HB3779 Enrolled- 36 -LRB097 11985 PJG 55632 b

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

 

 

HB3779 Enrolled- 37 -LRB097 11985 PJG 55632 b

1    during any calendar year exceeds the amount collected and
2    distributed to the Horse Racing Tax Allocation Fund during
3    calendar year 1994, that excess amount shall be
4    redistributed (I) to all inter-track wagering location
5    licensees, based on each licensee's pro-rata share of the
6    total handle from inter-track wagering and simulcast
7    wagering for all inter-track wagering location licensees
8    during the calendar year in which this provision is
9    applicable; then (II) the amounts redistributed to each
10    inter-track wagering location licensee as described in
11    subpart (I) shall be further redistributed as provided in
12    subparagraph (B) of paragraph (5) of subsection (g) of this
13    Section 26 provided first, that the shares of those
14    amounts, which are to be redistributed to the host track or
15    to purses at the host track under subparagraph (B) of
16    paragraph (5) of subsection (g) of this Section 26 shall be
17    redistributed based on each host track's pro rata share of
18    the total inter-track wagering and simulcast wagering
19    handle at all host tracks during the calendar year in
20    question, and second, that any amounts redistributed as
21    described in part (I) to an inter-track wagering location
22    licensee that accepts wagers on races conducted by an
23    organization licensee that conducts a race meet in a county
24    with a population in excess of 230,000 and that borders the
25    Mississippi River shall be further redistributed as
26    provided in subparagraphs (D) and (E) of paragraph (7) of

 

 

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

 

 

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1    of this subsection (h) by this amendatory Act of 1991,
2    those licensees shall pay the following amounts as purses:
3    during the first 12 months the licensee is in operation,
4    5.25% of the pari-mutuel handle wagered at the location on
5    races; during the second 12 months, 5.25%; during the third
6    12 months, 5.75%; during the fourth 12 months, 6.25%; and
7    during the fifth 12 months and thereafter, 6.75%. The
8    following amounts shall be retained by the licensee to
9    satisfy all costs and expenses of conducting its wagering:
10    during the first 12 months the licensee is in operation,
11    8.25% of the pari-mutuel handle wagered at the location;
12    during the second 12 months, 8.25%; during the third 12
13    months, 7.75%; during the fourth 12 months, 7.25%; and
14    during the fifth 12 months and thereafter, 6.75%. For
15    additional intertrack wagering location licensees
16    authorized under this amendatory Act of 1995, purses for
17    the first 12 months the licensee is in operation shall be
18    5.75% of the pari-mutuel wagered at the location, purses
19    for the second 12 months the licensee is in operation shall
20    be 6.25%, and purses thereafter shall be 6.75%. For
21    additional intertrack location licensees authorized under
22    this amendatory Act of 1995, the licensee shall be allowed
23    to retain to satisfy all costs and expenses: 7.75% of the
24    pari-mutuel handle wagered at the location during its first
25    12 months of operation, 7.25% during its second 12 months
26    of operation, and 6.75% thereafter.

 

 

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1        (C) There is hereby created the Horse Racing Tax
2    Allocation Fund which shall remain in existence until
3    December 31, 1999. Moneys remaining in the Fund after
4    December 31, 1999 shall be paid into the General Revenue
5    Fund. Until January 1, 2000, all monies paid into the Horse
6    Racing Tax Allocation Fund pursuant to this paragraph (11)
7    by inter-track wagering location licensees located in park
8    districts of 500,000 population or less, or in a
9    municipality that is not included within any park district
10    but is included within a conservation district and is the
11    county seat of a county that (i) is contiguous to the state
12    of Indiana and (ii) has a 1990 population of 88,257
13    according to the United States Bureau of the Census, and
14    operating on May 1, 1994 shall be allocated by
15    appropriation as follows:
16            Two-sevenths to the Department of Agriculture.
17        Fifty percent of this two-sevenths shall be used to
18        promote the Illinois horse racing and breeding
19        industry, and shall be distributed by the Department of
20        Agriculture upon the advice of a 9-member committee
21        appointed by the Governor consisting of the following
22        members: the Director of Agriculture, who shall serve
23        as chairman; 2 representatives of organization
24        licensees conducting thoroughbred race meetings in
25        this State, recommended by those licensees; 2
26        representatives of organization licensees conducting

 

 

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1        standardbred race meetings in this State, recommended
2        by those licensees; a representative of the Illinois
3        Thoroughbred Breeders and Owners Foundation,
4        recommended by that Foundation; a representative of
5        the Illinois Standardbred Owners and Breeders
6        Association, recommended by that Association; a
7        representative of the Horsemen's Benevolent and
8        Protective Association or any successor organization
9        thereto established in Illinois comprised of the
10        largest number of owners and trainers, recommended by
11        that Association or that successor organization; and a
12        representative of the Illinois Harness Horsemen's
13        Association, recommended by that Association.
14        Committee members shall serve for terms of 2 years,
15        commencing January 1 of each even-numbered year. If a
16        representative of any of the above-named entities has
17        not been recommended by January 1 of any even-numbered
18        year, the Governor shall appoint a committee member to
19        fill that position. Committee members shall receive no
20        compensation for their services as members but shall be
21        reimbursed for all actual and necessary expenses and
22        disbursements incurred in the performance of their
23        official duties. The remaining 50% of this
24        two-sevenths shall be distributed to county fairs for
25        premiums and rehabilitation as set forth in the
26        Agricultural Fair Act;

 

 

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1            Four-sevenths to park districts or municipalities
2        that do not have a park district of 500,000 population
3        or less for museum purposes (if an inter-track wagering
4        location licensee is located in such a park district)
5        or to conservation districts for museum purposes (if an
6        inter-track wagering location licensee is located in a
7        municipality that is not included within any park
8        district but is included within a conservation
9        district and is the county seat of a county that (i) is
10        contiguous to the state of Indiana and (ii) has a 1990
11        population of 88,257 according to the United States
12        Bureau of the Census, except that if the conservation
13        district does not maintain a museum, the monies shall
14        be allocated equally between the county and the
15        municipality in which the inter-track wagering
16        location licensee is located for general purposes) or
17        to a municipal recreation board for park purposes (if
18        an inter-track wagering location licensee is located
19        in a municipality that is not included within any park
20        district and park maintenance is the function of the
21        municipal recreation board and the municipality has a
22        1990 population of 9,302 according to the United States
23        Bureau of the Census); provided that the monies are
24        distributed to each park district or conservation
25        district or municipality that does not have a park
26        district in an amount equal to four-sevenths of the

 

 

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1        amount collected by each inter-track wagering location
2        licensee within the park district or conservation
3        district or municipality for the Fund. Monies that were
4        paid into the Horse Racing Tax Allocation Fund before
5        the effective date of this amendatory Act of 1991 by an
6        inter-track wagering location licensee located in a
7        municipality that is not included within any park
8        district but is included within a conservation
9        district as provided in this paragraph shall, as soon
10        as practicable after the effective date of this
11        amendatory Act of 1991, be allocated and paid to that
12        conservation district as provided in this paragraph.
13        Any park district or municipality not maintaining a
14        museum may deposit the monies in the corporate fund of
15        the park district or municipality where the
16        inter-track wagering location is located, to be used
17        for general purposes; and
18            One-seventh to the Agricultural Premium Fund to be
19        used for distribution to agricultural home economics
20        extension councils in accordance with "An Act in
21        relation to additional support and finances for the
22        Agricultural and Home Economic Extension Councils in
23        the several counties of this State and making an
24        appropriation therefor", approved July 24, 1967.
25        Until January 1, 2000, all other monies paid into the
26    Horse Racing Tax Allocation Fund pursuant to this paragraph

 

 

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1    (11) shall be allocated by appropriation as follows:
2            Two-sevenths to the Department of Agriculture.
3        Fifty percent of this two-sevenths shall be used to
4        promote the Illinois horse racing and breeding
5        industry, and shall be distributed by the Department of
6        Agriculture upon the advice of a 9-member committee
7        appointed by the Governor consisting of the following
8        members: the Director of Agriculture, who shall serve
9        as chairman; 2 representatives of organization
10        licensees conducting thoroughbred race meetings in
11        this State, recommended by those licensees; 2
12        representatives of organization licensees conducting
13        standardbred race meetings in this State, recommended
14        by those licensees; a representative of the Illinois
15        Thoroughbred Breeders and Owners Foundation,
16        recommended by that Foundation; a representative of
17        the Illinois Standardbred Owners and Breeders
18        Association, recommended by that Association; a
19        representative of the Horsemen's Benevolent and
20        Protective Association or any successor organization
21        thereto established in Illinois comprised of the
22        largest number of owners and trainers, recommended by
23        that Association or that successor organization; and a
24        representative of the Illinois Harness Horsemen's
25        Association, recommended by that Association.
26        Committee members shall serve for terms of 2 years,

 

 

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1        commencing January 1 of each even-numbered year. If a
2        representative of any of the above-named entities has
3        not been recommended by January 1 of any even-numbered
4        year, the Governor shall appoint a committee member to
5        fill that position. Committee members shall receive no
6        compensation for their services as members but shall be
7        reimbursed for all actual and necessary expenses and
8        disbursements incurred in the performance of their
9        official duties. The remaining 50% of this
10        two-sevenths shall be distributed to county fairs for
11        premiums and rehabilitation as set forth in the
12        Agricultural Fair Act;
13            Four-sevenths to museums and aquariums located in
14        park districts of over 500,000 population; provided
15        that the monies are distributed in accordance with the
16        previous year's distribution of the maintenance tax
17        for such museums and aquariums as provided in Section 2
18        of the Park District Aquarium and Museum Act; and
19            One-seventh to the Agricultural Premium Fund to be
20        used for distribution to agricultural home economics
21        extension councils in accordance with "An Act in
22        relation to additional support and finances for the
23        Agricultural and Home Economic Extension Councils in
24        the several counties of this State and making an
25        appropriation therefor", approved July 24, 1967. This
26        subparagraph (C) shall be inoperative and of no force

 

 

HB3779 Enrolled- 46 -LRB097 11985 PJG 55632 b

1        and effect on and after January 1, 2000.
2            (D) Except as provided in paragraph (11) of this
3        subsection (h), with respect to purse allocation from
4        intertrack wagering, the monies so retained shall be
5        divided as follows:
6                (i) If the inter-track wagering licensee,
7            except an intertrack wagering licensee that
8            derives its license from an organization licensee
9            located in a county with a population in excess of
10            230,000 and bounded by the Mississippi River, is
11            not conducting its own race meeting during the same
12            dates, then the entire purse allocation shall be to
13            purses at the track where the races wagered on are
14            being conducted.
15                (ii) If the inter-track wagering licensee,
16            except an intertrack wagering licensee that
17            derives its license from an organization licensee
18            located in a county with a population in excess of
19            230,000 and bounded by the Mississippi River, is
20            also conducting its own race meeting during the
21            same dates, then the purse allocation shall be as
22            follows: 50% to purses at the track where the races
23            wagered on are being conducted; 50% to purses at
24            the track where the inter-track wagering licensee
25            is accepting such wagers.
26                (iii) If the inter-track wagering is being

 

 

HB3779 Enrolled- 47 -LRB097 11985 PJG 55632 b

1            conducted by an inter-track wagering location
2            licensee, except an intertrack wagering location
3            licensee that derives its license from an
4            organization licensee located in a county with a
5            population in excess of 230,000 and bounded by the
6            Mississippi River, the entire purse allocation for
7            Illinois races shall be to purses at the track
8            where the race meeting being wagered on is being
9            held.
10        (12) The Board shall have all powers necessary and
11    proper to fully supervise and control the conduct of
12    inter-track wagering and simulcast wagering by inter-track
13    wagering licensees and inter-track wagering location
14    licensees, including, but not limited to the following:
15            (A) The Board is vested with power to promulgate
16        reasonable rules and regulations for the purpose of
17        administering the conduct of this wagering and to
18        prescribe reasonable rules, regulations and conditions
19        under which such wagering shall be held and conducted.
20        Such rules and regulations are to provide for the
21        prevention of practices detrimental to the public
22        interest and for the best interests of said wagering
23        and to impose penalties for violations thereof.
24            (B) The Board, and any person or persons to whom it
25        delegates this power, is vested with the power to enter
26        the facilities of any licensee to determine whether

 

 

HB3779 Enrolled- 48 -LRB097 11985 PJG 55632 b

1        there has been compliance with the provisions of this
2        Act and the rules and regulations relating to the
3        conduct of such wagering.
4            (C) The Board, and any person or persons to whom it
5        delegates this power, may eject or exclude from any
6        licensee's facilities, any person whose conduct or
7        reputation is such that his presence on such premises
8        may, in the opinion of the Board, call into the
9        question the honesty and integrity of, or interfere
10        with the orderly conduct of such wagering; provided,
11        however, that no person shall be excluded or ejected
12        from such premises solely on the grounds of race,
13        color, creed, national origin, ancestry, or sex.
14            (D) (Blank).
15            (E) The Board is vested with the power to appoint
16        delegates to execute any of the powers granted to it
17        under this Section for the purpose of administering
18        this wagering and any rules and regulations
19        promulgated in accordance with this Act.
20            (F) The Board shall name and appoint a State
21        director of this wagering who shall be a representative
22        of the Board and whose duty it shall be to supervise
23        the conduct of inter-track wagering as may be provided
24        for by the rules and regulations of the Board; such
25        rules and regulation shall specify the method of
26        appointment and the Director's powers, authority and

 

 

HB3779 Enrolled- 49 -LRB097 11985 PJG 55632 b

1        duties.
2            (G) The Board is vested with the power to impose
3        civil penalties of up to $5,000 against individuals and
4        up to $10,000 against licensees for each violation of
5        any provision of this Act relating to the conduct of
6        this wagering, any rules adopted by the Board, any
7        order of the Board or any other action which in the
8        Board's discretion, is a detriment or impediment to
9        such wagering.
10        (13) The Department of Agriculture may enter into
11    agreements with licensees authorizing such licensees to
12    conduct inter-track wagering on races to be held at the
13    licensed race meetings conducted by the Department of
14    Agriculture. Such agreement shall specify the races of the
15    Department of Agriculture's licensed race meeting upon
16    which the licensees will conduct wagering. In the event
17    that a licensee conducts inter-track pari-mutuel wagering
18    on races from the Illinois State Fair or DuQuoin State Fair
19    which are in addition to the licensee's previously approved
20    racing program, those races shall be considered a separate
21    racing day for the purpose of determining the daily handle
22    and computing the privilege or pari-mutuel tax on that
23    daily handle as provided in Sections 27 and 27.1. Such
24    agreements shall be approved by the Board before such
25    wagering may be conducted. In determining whether to grant
26    approval, the Board shall give due consideration to the

 

 

HB3779 Enrolled- 50 -LRB097 11985 PJG 55632 b

1    best interests of the public and of horse racing. The
2    provisions of paragraphs (1), (8), (8.1), and (8.2) of
3    subsection (h) of this Section which are not specified in
4    this paragraph (13) shall not apply to licensed race
5    meetings conducted by the Department of Agriculture at the
6    Illinois State Fair in Sangamon County or the DuQuoin State
7    Fair in Perry County, or to any wagering conducted on those
8    race meetings.
9    (i) Notwithstanding the other provisions of this Act, the
10conduct of wagering at wagering facilities is authorized on all
11days, except as limited by subsection (b) of Section 19 of this
12Act.
13(Source: P.A. 96-762, eff. 8-25-09.)
 
14    (230 ILCS 5/26.7 new)
15    Sec. 26.7. Advanced deposit wagering surcharge. Beginning
16on August 26, 2012, each advance deposit wagering licensee
17shall impose a surcharge of up to 0.18% on winning wagers and
18winnings from wagers placed through advance deposit wagering.
19The surcharge shall be deducted from winnings prior to payout.
20Amounts derived from a surcharge imposed under this Section
21shall be paid to the standardbred purse accounts of
22organization licensees conducting standardbred racing.
 
23    (230 ILCS 5/27)  (from Ch. 8, par. 37-27)
24    Sec. 27. (a) In addition to the organization license fee

 

 

HB3779 Enrolled- 51 -LRB097 11985 PJG 55632 b

1provided by this Act, until January 1, 2000, a graduated
2privilege tax is hereby imposed for conducting the pari-mutuel
3system of wagering permitted under this Act. Until January 1,
42000, except as provided in subsection (g) of Section 27 of
5this Act, all of the breakage of each racing day held by any
6licensee in the State shall be paid to the State. Until January
71, 2000, such daily graduated privilege tax shall be paid by
8the licensee from the amount permitted to be retained under
9this Act. Until January 1, 2000, each day's graduated privilege
10tax, breakage, and Horse Racing Tax Allocation funds shall be
11remitted to the Department of Revenue within 48 hours after the
12close of the racing day upon which it is assessed or within
13such other time as the Board prescribes. The privilege tax
14hereby imposed, until January 1, 2000, shall be a flat tax at
15the rate of 2% of the daily pari-mutuel handle except as
16provided in Section 27.1.
17    In addition, every organization licensee, except as
18provided in Section 27.1 of this Act, which conducts multiple
19wagering shall pay, until January 1, 2000, as a privilege tax
20on multiple wagers an amount equal to 1.25% of all moneys
21wagered each day on such multiple wagers, plus an additional
22amount equal to 3.5% of the amount wagered each day on any
23other multiple wager which involves a single betting interest
24on 3 or more horses. The licensee shall remit the amount of
25such taxes to the Department of Revenue within 48 hours after
26the close of the racing day on which it is assessed or within

 

 

HB3779 Enrolled- 52 -LRB097 11985 PJG 55632 b

1such other time as the Board prescribes.
2    This subsection (a) shall be inoperative and of no force
3and effect on and after January 1, 2000.
4    (a-5) Beginning on January 1, 2000, a flat pari-mutuel tax
5at the rate of 1.5% of the daily pari-mutuel handle is imposed
6at all pari-mutuel wagering facilities and on advance deposit
7wagering from a location other than a wagering facility, except
8as otherwise provided for in this subsection (a-5). In addition
9to the pari-mutuel tax imposed on advance deposit wagering
10pursuant to this subsection (a-5), beginning on the effective
11date of this amendatory Act of the 97th General Assembly until
12January 1, 2013, an additional pari-mutuel tax at the rate of
130.25% shall be imposed on advance deposit wagering, the amount
14of which shall not exceed $250,000 in each calendar year. Until
15August 25, 2012, the The additional 0.25% pari-mutuel tax
16imposed on advance deposit wagering by Public Act 96-972 this
17amendatory Act of the 96th General Assembly shall be deposited
18into the Quarter Horse Purse Fund, which shall be created as a
19non-appropriated trust fund administered by the Board for
20grants to thoroughbred organization licensees for payment of
21purses for quarter horse races conducted by the organization
22licensee. Beginning on August 26, 2012, the additional 0.25%
23pari-mutuel tax imposed on advance deposit wagering shall be
24deposited equally into the standardbred purse accounts of
25organization licensees conducting standardbred racing.
26Thoroughbred organization licensees may petition the Board to

 

 

HB3779 Enrolled- 53 -LRB097 11985 PJG 55632 b

1conduct quarter horse racing and receive purse grants from the
2Quarter Horse Purse Fund. The Board shall have complete
3discretion in distributing the Quarter Horse Purse Fund to the
4petitioning organization licensees. Beginning on the effective
5date of this amendatory Act of the 96th General Assembly and
6until moneys deposited pursuant to Section 54 are distributed
7and received, a pari-mutuel tax at the rate of 0.75% of the
8daily pari-mutuel handle is imposed at a pari-mutuel facility
9whose license is derived from a track located in a county that
10borders the Mississippi River and conducted live racing in the
11previous year. After moneys deposited pursuant to Section 54
12are distributed and received, a pari-mutuel tax at the rate of
131.5% of the daily pari-mutuel handle is imposed at a
14pari-mutuel facility whose license is derived from a track
15located in a county that borders the Mississippi River and
16conducted live racing in the previous year. The pari-mutuel tax
17imposed by this subsection (a-5) shall be remitted to the
18Department of Revenue within 48 hours after the close of the
19racing day upon which it is assessed or within such other time
20as the Board prescribes.
21    (b) On or before December 31, 1999, in the event that any
22organization licensee conducts 2 separate programs of races on
23any day, each such program shall be considered a separate
24racing day for purposes of determining the daily handle and
25computing the privilege tax on such daily handle as provided in
26subsection (a) of this Section.

 

 

HB3779 Enrolled- 54 -LRB097 11985 PJG 55632 b

1    (c) Licensees shall at all times keep accurate books and
2records of all monies wagered on each day of a race meeting and
3of the taxes paid to the Department of Revenue under the
4provisions of this Section. The Board or its duly authorized
5representative or representatives shall at all reasonable
6times have access to such records for the purpose of examining
7and checking the same and ascertaining whether the proper
8amount of taxes is being paid as provided. The Board shall
9require verified reports and a statement of the total of all
10monies wagered daily at each wagering facility upon which the
11taxes are assessed and may prescribe forms upon which such
12reports and statement shall be made.
13    (d) Any licensee failing or refusing to pay the amount of
14any tax due under this Section shall be guilty of a business
15offense and upon conviction shall be fined not more than $5,000
16in addition to the amount found due as tax under this Section.
17Each day's violation shall constitute a separate offense. All
18fines paid into Court by a licensee hereunder shall be
19transmitted and paid over by the Clerk of the Court to the
20Board.
21    (e) No other license fee, privilege tax, excise tax, or
22racing fee, except as provided in this Act, shall be assessed
23or collected from any such licensee by the State.
24    (f) No other license fee, privilege tax, excise tax or
25racing fee shall be assessed or collected from any such
26licensee by units of local government except as provided in

 

 

HB3779 Enrolled- 55 -LRB097 11985 PJG 55632 b

1paragraph 10.1 of subsection (h) and subsection (f) of Section
226 of this Act. However, any municipality that has a Board
3licensed horse race meeting at a race track wholly within its
4corporate boundaries or a township that has a Board licensed
5horse race meeting at a race track wholly within the
6unincorporated area of the township may charge a local
7amusement tax not to exceed 10˘ per admission to such horse
8race meeting by the enactment of an ordinance. However, any
9municipality or county that has a Board licensed inter-track
10wagering location facility wholly within its corporate
11boundaries may each impose an admission fee not to exceed $1.00
12per admission to such inter-track wagering location facility,
13so that a total of not more than $2.00 per admission may be
14imposed. Except as provided in subparagraph (g) of Section 27
15of this Act, the inter-track wagering location licensee shall
16collect any and all such fees and within 48 hours remit the
17fees to the Board, which shall, pursuant to rule, cause the
18fees to be distributed to the county or municipality.
19    (g) Notwithstanding any provision in this Act to the
20contrary, if in any calendar year the total taxes and fees
21required to be collected from licensees and distributed under
22this Act to all State and local governmental authorities
23exceeds the amount of such taxes and fees distributed to each
24State and local governmental authority to which each State and
25local governmental authority was entitled under this Act for
26calendar year 1994, then the first $11 million of that excess

 

 

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1amount shall be allocated at the earliest possible date for
2distribution as purse money for the succeeding calendar year.
3Upon reaching the 1994 level, and until the excess amount of
4taxes and fees exceeds $11 million, the Board shall direct all
5licensees to cease paying the subject taxes and fees and the
6Board shall direct all licensees to allocate any such excess
7amount for purses as follows:
8        (i) the excess amount shall be initially divided
9    between thoroughbred and standardbred purses based on the
10    thoroughbred's and standardbred's respective percentages
11    of total Illinois live wagering in calendar year 1994;
12        (ii) each thoroughbred and standardbred organization
13    licensee issued an organization licensee in that
14    succeeding allocation year shall be allocated an amount
15    equal to the product of its percentage of total Illinois
16    live thoroughbred or standardbred wagering in calendar
17    year 1994 (the total to be determined based on the sum of
18    1994 on-track wagering for all organization licensees
19    issued organization licenses in both the allocation year
20    and the preceding year) multiplied by the total amount
21    allocated for standardbred or thoroughbred purses,
22    provided that the first $1,500,000 of the amount allocated
23    to standardbred purses under item (i) shall be allocated to
24    the Department of Agriculture to be expended with the
25    assistance and advice of the Illinois Standardbred
26    Breeders Funds Advisory Board for the purposes listed in

 

 

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1    subsection (g) of Section 31 of this Act, before the amount
2    allocated to standardbred purses under item (i) is
3    allocated to standardbred organization licensees in the
4    succeeding allocation year.
5    To the extent the excess amount of taxes and fees to be
6collected and distributed to State and local governmental
7authorities exceeds $11 million, that excess amount shall be
8collected and distributed to State and local authorities as
9provided for under this Act.
10(Source: P.A. 96-762, eff. 8-25-09; 96-1287, eff. 7-26-10.)
 
11    (230 ILCS 5/28)  (from Ch. 8, par. 37-28)
12    Sec. 28. Except as provided in subsection (g) of Section 27
13of this Act, moneys collected shall be distributed according to
14the provisions of this Section 28.
15    (a) Thirty per cent of the total of all monies received by
16the State as privilege taxes shall be paid into the
17Metropolitan Exposition Auditorium and Office Building Fund in
18the State Treasury.
19    (b) In addition, 4.5% of the total of all monies received
20by the State as privilege taxes shall be paid into the State
21treasury into a special Fund to be known as the Metropolitan
22Exposition, Auditorium, and Office Building Fund.
23    (c) Fifty per cent of the total of all monies received by
24the State as privilege taxes under the provisions of this Act
25shall be paid into the Agricultural Premium Fund.

 

 

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1    (d) Seven per cent of the total of all monies received by
2the State as privilege taxes shall be paid into the Fair and
3Exposition Fund in the State treasury; provided, however, that
4when all bonds issued prior to July 1, 1984 by the Metropolitan
5Fair and Exposition Authority shall have been paid or payment
6shall have been provided for upon a refunding of those bonds,
7thereafter 1/12 of $1,665,662 of such monies shall be paid each
8month into the Build Illinois Fund, and the remainder into the
9Fair and Exposition Fund. All excess monies shall be allocated
10to the Department of Agriculture for distribution to county
11fairs for premiums and rehabilitation as set forth in the
12Agricultural Fair Act.
13    (e) The monies provided for in Section 30 shall be paid
14into the Illinois Thoroughbred Breeders Fund.
15    (f) The monies provided for in Section 31 shall be paid
16into the Illinois Standardbred Breeders Fund.
17    (g) Until January 1, 2000, that part representing 1/2 of
18the total breakage in Thoroughbred, Harness, Appaloosa,
19Arabian, and Quarter Horse racing in the State shall be paid
20into the Illinois Race Track Improvement Fund as established in
21Section 32.
22    (h) All other monies received by the Board under this Act
23shall be paid into the Horse Racing Fund General Revenue Fund
24of the State.
25    (i) The salaries of the Board members, secretary, stewards,
26directors of mutuels, veterinarians, representatives,

 

 

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1accountants, clerks, stenographers, inspectors and other
2employees of the Board, and all expenses of the Board incident
3to the administration of this Act, including, but not limited
4to, all expenses and salaries incident to the taking of saliva
5and urine samples in accordance with the rules and regulations
6of the Board shall be paid out of the Agricultural Premium
7Fund.
8    (j) The Agricultural Premium Fund shall also be used:
9        (1) for the expenses of operating the Illinois State
10    Fair and the DuQuoin State Fair, including the payment of
11    prize money or premiums;
12        (2) for the distribution to county fairs, vocational
13    agriculture section fairs, agricultural societies, and
14    agricultural extension clubs in accordance with the
15    Agricultural Fair Act, as amended;
16        (3) for payment of prize monies and premiums awarded
17    and for expenses incurred in connection with the
18    International Livestock Exposition and the Mid-Continent
19    Livestock Exposition held in Illinois, which premiums, and
20    awards must be approved, and paid by the Illinois
21    Department of Agriculture;
22        (4) for personal service of county agricultural
23    advisors and county home advisors;
24        (5) for distribution to agricultural home economic
25    extension councils in accordance with "An Act in relation
26    to additional support and finance for the Agricultural and

 

 

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1    Home Economic Extension Councils in the several counties in
2    this State and making an appropriation therefor", approved
3    July 24, 1967, as amended;
4        (6) for research on equine disease, including a
5    development center therefor;
6        (7) for training scholarships for study on equine
7    diseases to students at the University of Illinois College
8    of Veterinary Medicine;
9        (8) for the rehabilitation, repair and maintenance of
10    the Illinois and DuQuoin State Fair Grounds and the
11    structures and facilities thereon and the construction of
12    permanent improvements on such Fair Grounds, including
13    such structures, facilities and property located on such
14    State Fair Grounds which are under the custody and control
15    of the Department of Agriculture;
16        (9) for the expenses of the Department of Agriculture
17    under Section 5-530 of the Departments of State Government
18    Law (20 ILCS 5/5-530);
19        (10) for the expenses of the Department of Commerce and
20    Economic Opportunity under Sections 605-620, 605-625, and
21    605-630 of the Department of Commerce and Economic
22    Opportunity Law (20 ILCS 605/605-620, 605/605-625, and
23    605/605-630);
24        (11) for remodeling, expanding, and reconstructing
25    facilities destroyed by fire of any Fair and Exposition
26    Authority in counties with a population of 1,000,000 or

 

 

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1    more inhabitants;
2        (12) for the purpose of assisting in the care and
3    general rehabilitation of disabled veterans of any war and
4    their surviving spouses and orphans;
5        (13) for expenses of the Department of State Police for
6    duties performed under this Act;
7        (14) for the Department of Agriculture for soil surveys
8    and soil and water conservation purposes;
9        (15) for the Department of Agriculture for grants to
10    the City of Chicago for conducting the Chicagofest;
11        (16) for the State Comptroller for grants and operating
12    expenses authorized by the Illinois Global Partnership
13    Act.
14    (k) To the extent that monies paid by the Board to the
15Agricultural Premium Fund are in the opinion of the Governor in
16excess of the amount necessary for the purposes herein stated,
17the Governor shall notify the Comptroller and the State
18Treasurer of such fact, who, upon receipt of such notification,
19shall transfer such excess monies from the Agricultural Premium
20Fund to the General Revenue Fund.
21(Source: P.A. 94-91, Sections 55-135 and 90-10, eff. 7-1-05.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.