Full Text of HB1552 101st General Assembly
HB1552enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning gaming.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Horse Racing Act of 1975 is amended | 5 | | by changing Sections 26 and 27 as follows:
| 6 | | (230 ILCS 5/26) (from Ch. 8, par. 37-26)
| 7 | | Sec. 26. Wagering.
| 8 | | (a) Any licensee may conduct and supervise the pari-mutuel | 9 | | system of
wagering, as defined in Section 3.12 of this Act, on | 10 | | horse races conducted by
an Illinois organization
licensee or | 11 | | conducted at a racetrack located in another state or country | 12 | | and
televised in Illinois in accordance with subsection (g) of | 13 | | Section 26 of this
Act. Subject to the prior consent of the | 14 | | Board, licensees may supplement any
pari-mutuel pool in order | 15 | | to guarantee a minimum distribution. Such
pari-mutuel method of | 16 | | wagering shall not,
under any circumstances if conducted under | 17 | | the provisions of this Act,
be held or construed to be | 18 | | unlawful, other statutes of this State to the
contrary | 19 | | notwithstanding.
Subject to rules for advance wagering | 20 | | promulgated by the Board, any
licensee
may accept wagers in | 21 | | advance of the day of
the race wagered upon occurs.
| 22 | | (b) No other method of betting, pool making, wagering or
| 23 | | gambling shall be used or permitted by the licensee. Each |
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| 1 | | licensee
may retain, subject to the payment of all applicable
| 2 | | taxes and purses, an amount not to exceed 17% of all money | 3 | | wagered
under subsection (a) of this Section, except as may | 4 | | otherwise be permitted
under this Act.
| 5 | | (b-5) An individual may place a wager under the pari-mutuel | 6 | | system from
any licensed location authorized under this Act | 7 | | provided that wager is
electronically recorded in the manner | 8 | | described in Section 3.12 of this Act.
Any wager made | 9 | | electronically by an individual while physically on the | 10 | | premises
of a licensee shall be deemed to have been made at the | 11 | | premises of that
licensee.
| 12 | | (c) Until January 1, 2000, the sum held by any licensee for | 13 | | payment of
outstanding pari-mutuel tickets, if unclaimed prior | 14 | | to December 31 of the
next year, shall be retained by the | 15 | | licensee for payment of
such tickets until that date. Within 10 | 16 | | days thereafter, the balance of
such sum remaining unclaimed, | 17 | | less any uncashed supplements contributed by such
licensee for | 18 | | the purpose of guaranteeing minimum distributions
of any | 19 | | pari-mutuel pool, shall be
paid to the
Illinois
Veterans'
| 20 | | Rehabilitation Fund of the State treasury, except as provided | 21 | | in subsection
(g) of Section 27 of this Act.
| 22 | | (c-5) Beginning January 1, 2000, the sum held by any | 23 | | licensee for payment
of
outstanding pari-mutuel tickets, if | 24 | | unclaimed prior to December 31 of the
next year, shall be | 25 | | retained by the licensee for payment of
such tickets until that | 26 | | date. Within 10 days thereafter, the balance of
such sum |
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| 1 | | remaining unclaimed, less any uncashed supplements contributed | 2 | | by such
licensee for the purpose of guaranteeing minimum | 3 | | distributions
of any pari-mutuel pool, shall be evenly | 4 | | distributed to the purse account of
the organization licensee | 5 | | and the organization licensee.
| 6 | | (d) A pari-mutuel ticket shall be honored until December 31 | 7 | | of the
next calendar year, and the licensee shall pay the same | 8 | | and may
charge the amount thereof against unpaid money | 9 | | similarly accumulated on account
of pari-mutuel tickets not | 10 | | presented for payment.
| 11 | | (e) No licensee shall knowingly permit any minor, other
| 12 | | than an employee of such licensee or an owner, trainer,
jockey, | 13 | | driver, or employee thereof, to be admitted during a racing
| 14 | | program unless accompanied by a parent or guardian, or any | 15 | | minor to be a
patron of the pari-mutuel system of wagering | 16 | | conducted or
supervised by it. The admission of any | 17 | | unaccompanied minor, other than
an employee of the licensee or | 18 | | an owner, trainer, jockey,
driver, or employee thereof at a | 19 | | race track is a Class C
misdemeanor.
| 20 | | (f) Notwithstanding the other provisions of this Act, an
| 21 | | organization licensee may contract
with an entity in another | 22 | | state or country to permit any legal
wagering entity in another | 23 | | state or country to accept wagers solely within
such other | 24 | | state or country on races conducted by the organization | 25 | | licensee
in this State.
Beginning January 1, 2000, these wagers
| 26 | | shall not be subject to State
taxation. Until January 1, 2000,
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| 1 | | when the out-of-State entity conducts a pari-mutuel pool
| 2 | | separate from the organization licensee, a privilege tax equal | 3 | | to 7 1/2% of
all monies received by the organization licensee | 4 | | from entities in other states
or countries pursuant to such | 5 | | contracts is imposed on the organization
licensee, and such | 6 | | privilege tax shall be remitted to the
Department of Revenue
| 7 | | within 48 hours of receipt of the moneys from the simulcast. | 8 | | When the
out-of-State entity conducts a
combined pari-mutuel | 9 | | pool with the organization licensee, the tax shall be 10%
of | 10 | | all monies received by the organization licensee with 25% of | 11 | | the
receipts from this 10% tax to be distributed to the county
| 12 | | in which the race was conducted.
| 13 | | An organization licensee may permit one or more of its | 14 | | races to be
utilized for
pari-mutuel wagering at one or more | 15 | | locations in other states and may
transmit audio and visual | 16 | | signals of races the organization licensee
conducts to one or
| 17 | | more locations outside the State or country and may also permit | 18 | | pari-mutuel
pools in other states or countries to be combined | 19 | | with its gross or net
wagering pools or with wagering pools | 20 | | established by other states.
| 21 | | (g) A host track may accept interstate simulcast wagers on
| 22 | | horse
races conducted in other states or countries and shall | 23 | | control the
number of signals and types of breeds of racing in | 24 | | its simulcast program,
subject to the disapproval of the Board. | 25 | | The Board may prohibit a simulcast
program only if it finds | 26 | | that the simulcast program is clearly
adverse to the integrity |
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| 1 | | of racing. The host track
simulcast program shall
include the | 2 | | signal of live racing of all organization licensees.
All | 3 | | non-host licensees and advance deposit wagering licensees | 4 | | shall carry the signal of and accept wagers on live racing of | 5 | | all organization licensees. Advance deposit wagering licensees | 6 | | shall not be permitted to accept out-of-state wagers on any | 7 | | Illinois signal provided pursuant to this Section without the | 8 | | approval and consent of the organization licensee providing the | 9 | | signal. For one year after August 15, 2014 (the effective date | 10 | | of Public Act 98-968), non-host licensees may carry the host | 11 | | track simulcast program and
shall accept wagers on all races | 12 | | included as part of the simulcast
program of horse races | 13 | | conducted at race tracks located within North America upon | 14 | | which wagering is permitted. For a period of one year after | 15 | | August 15, 2014 (the effective date of Public Act 98-968), on | 16 | | horse races conducted at race tracks located outside of North | 17 | | America, non-host licensees may accept wagers on all races | 18 | | included as part of the simulcast program upon which wagering | 19 | | is permitted. Beginning August 15, 2015 (one year after the | 20 | | effective date of Public Act 98-968), non-host licensees may | 21 | | carry the host track simulcast program and shall accept wagers | 22 | | on all races included as part of the simulcast program upon | 23 | | which wagering is permitted.
All organization licensees shall | 24 | | provide their live signal to all advance deposit wagering | 25 | | licensees for a simulcast commission fee not to exceed 6% of | 26 | | the advance deposit wagering licensee's Illinois handle on the |
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| 1 | | organization licensee's signal without prior approval by the | 2 | | Board. The Board may adopt rules under which it may permit | 3 | | simulcast commission fees in excess of 6%. The Board shall | 4 | | adopt rules limiting the interstate commission fees charged to | 5 | | an advance deposit wagering licensee. The Board shall adopt | 6 | | rules regarding advance deposit wagering on interstate | 7 | | simulcast races that shall reflect, among other things, the | 8 | | General Assembly's desire to maximize revenues to the State, | 9 | | horsemen purses, and organizational licensees. However, | 10 | | organization licensees providing live signals pursuant to the | 11 | | requirements of this subsection (g) may petition the Board to | 12 | | withhold their live signals from an advance deposit wagering | 13 | | licensee if the organization licensee discovers and the Board | 14 | | finds reputable or credible information that the advance | 15 | | deposit wagering licensee is under investigation by another | 16 | | state or federal governmental agency, the advance deposit | 17 | | wagering licensee's license has been suspended in another | 18 | | state, or the advance deposit wagering licensee's license is in | 19 | | revocation proceedings in another state. The organization | 20 | | licensee's provision of their live signal to an advance deposit | 21 | | wagering licensee under this subsection (g) pertains to wagers | 22 | | placed from within Illinois. Advance deposit wagering | 23 | | licensees may place advance deposit wagering terminals at | 24 | | wagering facilities as a convenience to customers. The advance | 25 | | deposit wagering licensee shall not charge or collect any fee | 26 | | from purses for the placement of the advance deposit wagering |
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| 1 | | terminals. The costs and expenses
of the host track and | 2 | | non-host licensees associated
with interstate simulcast
| 3 | | wagering, other than the interstate
commission fee, shall be | 4 | | borne by the host track and all
non-host licensees
incurring | 5 | | these costs.
The interstate commission fee shall not exceed 5% | 6 | | of Illinois handle on the
interstate simulcast race or races | 7 | | without prior approval of the Board. The
Board shall promulgate | 8 | | rules under which it may permit
interstate commission
fees in | 9 | | excess of 5%. The interstate commission
fee and other fees | 10 | | charged by the sending racetrack, including, but not
limited | 11 | | to, satellite decoder fees, shall be uniformly applied
to the | 12 | | host track and all non-host licensees.
| 13 | | Notwithstanding any other provision of this Act, through | 14 | | December 31, 2020, an organization licensee, with the consent | 15 | | of the horsemen association representing the largest number of | 16 | | owners, trainers, jockeys, or standardbred drivers who race | 17 | | horses at that organization licensee's racing meeting, may | 18 | | maintain a system whereby advance deposit wagering may take | 19 | | place or an organization licensee, with the consent of the | 20 | | horsemen association representing the largest number of | 21 | | owners, trainers, jockeys, or standardbred drivers who race | 22 | | horses at that organization licensee's racing meeting, may | 23 | | contract with another person to carry out a system of advance | 24 | | deposit wagering. Such consent may not be unreasonably | 25 | | withheld. Only with respect to an appeal to the Board that | 26 | | consent for an organization licensee that maintains its own |
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| 1 | | advance deposit wagering system is being unreasonably | 2 | | withheld, the Board shall issue a final order within 30 days | 3 | | after initiation of the appeal, and the organization licensee's | 4 | | advance deposit wagering system may remain operational during | 5 | | that 30-day period. The actions of any organization licensee | 6 | | who conducts advance deposit wagering or any person who has a | 7 | | contract with an organization licensee to conduct advance | 8 | | deposit wagering who conducts advance deposit wagering on or | 9 | | after January 1, 2013 and prior to June 7, 2013 (the effective | 10 | | date of Public Act 98-18) taken in reliance on the changes made | 11 | | to this subsection (g) by Public Act 98-18 are hereby | 12 | | validated, provided payment of all applicable pari-mutuel | 13 | | taxes are remitted to the Board. All advance deposit wagers | 14 | | placed from within Illinois must be placed through a | 15 | | Board-approved advance deposit wagering licensee; no other | 16 | | entity may accept an advance deposit wager from a person within | 17 | | Illinois. All advance deposit wagering is subject to any rules | 18 | | adopted by the Board. The Board may adopt rules necessary to | 19 | | regulate advance deposit wagering through the use of emergency | 20 | | rulemaking in accordance with Section 5-45 of the Illinois | 21 | | Administrative Procedure Act. The General Assembly finds that | 22 | | the adoption of rules to regulate advance deposit wagering is | 23 | | deemed an emergency and necessary for the public interest, | 24 | | safety, and welfare. An advance deposit wagering licensee may | 25 | | retain all moneys as agreed to by contract with an organization | 26 | | licensee. Any moneys retained by the organization licensee from |
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| 1 | | advance deposit wagering, not including moneys retained by the | 2 | | advance deposit wagering licensee, shall be paid 50% to the | 3 | | organization licensee's purse account and 50% to the | 4 | | organization licensee. With the exception of any organization | 5 | | licensee that is owned by a publicly traded company that is | 6 | | incorporated in a state other than Illinois and advance deposit | 7 | | wagering licensees under contract with such organization | 8 | | licensees, organization licensees that maintain advance | 9 | | deposit wagering systems and advance deposit wagering | 10 | | licensees that contract with organization licensees shall | 11 | | provide sufficiently detailed monthly accountings to the | 12 | | horsemen association representing the largest number of | 13 | | owners, trainers, jockeys, or standardbred drivers who race | 14 | | horses at that organization licensee's racing meeting so that | 15 | | the horsemen association, as an interested party, can confirm | 16 | | the accuracy of the amounts paid to the purse account at the | 17 | | horsemen association's affiliated organization licensee from | 18 | | advance deposit wagering. If more than one breed races at the | 19 | | same race track facility, then the 50% of the moneys to be paid | 20 | | to an organization licensee's purse account shall be allocated | 21 | | among all organization licensees' purse accounts operating at | 22 | | that race track facility proportionately based on the actual | 23 | | number of host days that the Board grants to that breed at that | 24 | | race track facility in the current calendar year. To the extent | 25 | | any fees from advance deposit wagering conducted in Illinois | 26 | | for wagers in Illinois or other states have been placed in |
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| 1 | | escrow or otherwise withheld from wagers pending a | 2 | | determination of the legality of advance deposit wagering, no | 3 | | action shall be brought to declare such wagers or the | 4 | | disbursement of any fees previously escrowed illegal. | 5 | | (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
| 6 | | inter-track wagering
licensee other than the host track may | 7 | | supplement the host track simulcast
program with | 8 | | additional simulcast races or race programs, provided that | 9 | | between
January 1 and the third Friday in February of any | 10 | | year, inclusive, if no live
thoroughbred racing is | 11 | | occurring in Illinois during this period, only
| 12 | | thoroughbred races may be used
for supplemental interstate | 13 | | simulcast purposes. The Board shall withhold
approval for a | 14 | | supplemental interstate simulcast only if it finds that the
| 15 | | simulcast is clearly adverse to the integrity of racing. A | 16 | | supplemental
interstate simulcast may be transmitted from | 17 | | an inter-track wagering licensee to
its affiliated | 18 | | non-host licensees. The interstate commission fee for a
| 19 | | supplemental interstate simulcast shall be paid by the | 20 | | non-host licensee and
its affiliated non-host licensees | 21 | | receiving the simulcast.
| 22 | | (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
| 23 | | inter-track wagering
licensee other than the host track may | 24 | | receive supplemental interstate
simulcasts only with the | 25 | | consent of the host track, except when the Board
finds that | 26 | | the simulcast is
clearly adverse to the integrity of |
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| 1 | | racing. Consent granted under this
paragraph (2) to any | 2 | | inter-track wagering licensee shall be deemed consent to
| 3 | | all non-host licensees. The interstate commission fee for | 4 | | the supplemental
interstate simulcast shall be paid
by all | 5 | | participating non-host licensees.
| 6 | | (3) Each licensee conducting interstate simulcast | 7 | | wagering may retain,
subject to the payment of all | 8 | | applicable taxes and the purses, an amount not to
exceed | 9 | | 17% of all money wagered. If any licensee conducts the | 10 | | pari-mutuel
system wagering on races conducted at | 11 | | racetracks in another state or country,
each such race or | 12 | | race program shall be considered a separate racing day for
| 13 | | the purpose of determining the daily handle and computing | 14 | | the privilege tax of
that daily handle as provided in | 15 | | subsection (a) of Section 27.
Until January 1, 2000,
from | 16 | | the sums permitted to be retained pursuant to this | 17 | | subsection, each
inter-track wagering location licensee | 18 | | shall pay 1% of the pari-mutuel handle
wagered on simulcast | 19 | | wagering to the Horse Racing Tax Allocation Fund, subject
| 20 | | to the provisions of subparagraph (B) of paragraph (11) of | 21 | | subsection (h) of
Section 26 of this Act.
| 22 | | (4) A licensee who receives an interstate simulcast may | 23 | | combine its gross
or net pools with pools at the sending | 24 | | racetracks pursuant to rules established
by the Board. All | 25 | | licensees combining their gross pools
at a
sending | 26 | | racetrack shall adopt the takeout take-out percentages of |
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| 1 | | the sending
racetrack.
A licensee may also establish a | 2 | | separate pool and takeout structure for
wagering purposes | 3 | | on races conducted at race tracks outside of the
State of | 4 | | Illinois. The licensee may permit pari-mutuel wagers | 5 | | placed in other
states or
countries to be combined with its | 6 | | gross or net wagering pools or other
wagering pools.
| 7 | | (5) After the payment of the interstate commission fee | 8 | | (except for the
interstate commission
fee on a supplemental | 9 | | interstate simulcast, which shall be paid by the host
track | 10 | | and by each non-host licensee through the host track | 11 | | host-track ) and all applicable
State and local
taxes, | 12 | | except as provided in subsection (g) of Section 27 of this | 13 | | Act, the
remainder of moneys retained from simulcast | 14 | | wagering pursuant to this
subsection (g), and Section 26.2 | 15 | | shall be divided as follows:
| 16 | | (A) For interstate simulcast wagers made at a host | 17 | | track, 50% to the
host
track and 50% to purses at the | 18 | | host track.
| 19 | | (B) For wagers placed on interstate simulcast | 20 | | races, supplemental
simulcasts as defined in | 21 | | subparagraphs (1) and (2), and separately pooled races
| 22 | | conducted outside of the State of Illinois made at a | 23 | | non-host
licensee, 25% to the host
track, 25% to the | 24 | | non-host licensee, and 50% to the purses at the host | 25 | | track.
| 26 | | (6) Notwithstanding any provision in this Act to the |
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| 1 | | contrary, non-host
licensees
who derive their licenses | 2 | | from a track located in a county with a population in
| 3 | | excess of 230,000 and that borders the Mississippi River | 4 | | may receive
supplemental interstate simulcast races at all | 5 | | times subject to Board approval,
which shall be withheld | 6 | | only upon a finding that a supplemental interstate
| 7 | | simulcast is clearly adverse to the integrity of racing.
| 8 | | (7) Effective January 1, 2017, notwithstanding any | 9 | | provision of this Act to the contrary, after
payment of all | 10 | | applicable State and local taxes and interstate commission | 11 | | fees,
non-host licensees who derive their licenses from a | 12 | | track located in a county
with a population in excess of | 13 | | 230,000 and that borders the Mississippi River
shall retain | 14 | | 50% of the retention from interstate simulcast wagers and | 15 | | shall
pay 50% to purses at the track from which the | 16 | | non-host licensee derives its
license.
| 17 | | (7.1) Notwithstanding any other provision of this Act | 18 | | to the contrary,
if
no
standardbred racing is conducted at | 19 | | a racetrack located in Madison County
during any
calendar | 20 | | year beginning on or after January 1, 2002, all
moneys | 21 | | derived by
that racetrack from simulcast wagering and | 22 | | inter-track wagering that (1) are to
be used
for purses and | 23 | | (2) are generated between the hours of 6:30 p.m. and 6:30 | 24 | | a.m.
during that
calendar year shall
be paid as follows:
| 25 | | (A) If the licensee that conducts horse racing at | 26 | | that racetrack
requests from the Board at least as many |
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| 1 | | racing dates as were conducted in
calendar year 2000, | 2 | | 80% shall be paid to its thoroughbred purse account; | 3 | | and
| 4 | | (B) Twenty percent shall be deposited into the | 5 | | Illinois Colt Stakes
Purse
Distribution
Fund and shall | 6 | | be paid to purses for standardbred races for Illinois | 7 | | conceived
and foaled horses conducted at any county | 8 | | fairgrounds.
The moneys deposited into the Fund | 9 | | pursuant to this subparagraph (B) shall be
deposited
| 10 | | within 2
weeks after the day they were generated, shall | 11 | | be in addition to and not in
lieu of any other
moneys | 12 | | paid to standardbred purses under this Act, and shall | 13 | | not be commingled
with other moneys paid into that | 14 | | Fund. The moneys deposited
pursuant to this | 15 | | subparagraph (B) shall be allocated as provided by the
| 16 | | Department of Agriculture, with the advice and | 17 | | assistance of the Illinois
Standardbred
Breeders Fund | 18 | | Advisory Board.
| 19 | | (7.2) Notwithstanding any other provision of this Act | 20 | | to the contrary, if
no
thoroughbred racing is conducted at | 21 | | a racetrack located in Madison County
during any
calendar | 22 | | year beginning on or after January 1,
2002, all
moneys | 23 | | derived by
that racetrack from simulcast wagering and | 24 | | inter-track wagering that (1) are to
be used
for purses and | 25 | | (2) are generated between the hours of 6:30 a.m. and 6:30 | 26 | | p.m.
during that
calendar year shall
be deposited as |
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| 1 | | follows:
| 2 | | (A) If the licensee that conducts horse racing at | 3 | | that racetrack
requests from the
Board at least
as many | 4 | | racing dates as were conducted in calendar year 2000, | 5 | | 80%
shall be deposited into its standardbred purse
| 6 | | account; and
| 7 | | (B) Twenty percent shall be deposited into the | 8 | | Illinois Colt Stakes
Purse
Distribution Fund. Moneys | 9 | | deposited into the Illinois Colt Stakes Purse
| 10 | | Distribution Fund
pursuant to this subparagraph (B) | 11 | | shall be paid to Illinois
conceived and foaled | 12 | | thoroughbred breeders' programs
and to thoroughbred | 13 | | purses for races conducted at any county fairgrounds | 14 | | for
Illinois conceived
and foaled horses at the | 15 | | discretion of the
Department of Agriculture, with the | 16 | | advice and assistance of
the Illinois Thoroughbred | 17 | | Breeders Fund Advisory
Board. The moneys deposited | 18 | | into the Illinois Colt Stakes Purse Distribution
Fund
| 19 | | pursuant to this subparagraph (B) shall be deposited | 20 | | within 2 weeks
after the day they were generated, shall | 21 | | be in addition to and not in
lieu of any other moneys | 22 | | paid to thoroughbred purses
under this Act, and shall | 23 | | not be commingled with other moneys deposited into
that | 24 | | Fund.
| 25 | | (7.3) (Blank).
| 26 | | (7.4) (Blank).
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| 1 | | (8) Notwithstanding any provision in this Act to the | 2 | | contrary, an
organization licensee from a track located in | 3 | | a county with a population in
excess of 230,000 and that | 4 | | borders the Mississippi River and its affiliated
non-host | 5 | | licensees shall not be entitled to share in any retention | 6 | | generated on
racing, inter-track wagering, or simulcast | 7 | | wagering at any other Illinois
wagering facility.
| 8 | | (8.1) Notwithstanding any provisions in this Act to the | 9 | | contrary, if 2
organization licensees
are conducting | 10 | | standardbred race meetings concurrently
between the hours | 11 | | of 6:30 p.m. and 6:30 a.m., after payment of all applicable
| 12 | | State and local taxes and interstate commission fees, the | 13 | | remainder of the
amount retained from simulcast wagering | 14 | | otherwise attributable to the host
track and to host track | 15 | | purses shall be split daily between the 2
organization | 16 | | licensees and the purses at the tracks of the 2 | 17 | | organization
licensees, respectively, based on each | 18 | | organization licensee's share
of the total live handle for | 19 | | that day,
provided that this provision shall not apply to | 20 | | any non-host licensee that
derives its license from a track | 21 | | located in a county with a population in
excess of 230,000 | 22 | | and that borders the Mississippi River.
| 23 | | (9) (Blank).
| 24 | | (10) (Blank).
| 25 | | (11) (Blank).
| 26 | | (12) The Board shall have authority to compel all host |
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| 1 | | tracks to receive
the simulcast of any or all races | 2 | | conducted at the Springfield or DuQuoin State
fairgrounds | 3 | | and include all such races as part of their simulcast | 4 | | programs.
| 5 | | (13) Notwithstanding any other provision of this Act, | 6 | | in the event that
the total Illinois pari-mutuel handle on | 7 | | Illinois horse races at all wagering
facilities in any | 8 | | calendar year is less than 75% of the total Illinois
| 9 | | pari-mutuel handle on Illinois horse races at all such | 10 | | wagering facilities for
calendar year 1994, then each | 11 | | wagering facility that has an annual total
Illinois | 12 | | pari-mutuel handle on Illinois horse races that is less | 13 | | than 75% of
the total Illinois pari-mutuel handle on | 14 | | Illinois horse races at such wagering
facility for calendar | 15 | | year 1994, shall be permitted to receive, from any amount
| 16 | | otherwise
payable to the purse account at the race track | 17 | | with which the wagering facility
is affiliated in the | 18 | | succeeding calendar year, an amount equal to 2% of the
| 19 | | differential in total Illinois pari-mutuel handle on | 20 | | Illinois horse
races at the wagering facility between that | 21 | | calendar year in question and 1994
provided, however, that | 22 | | a
wagering facility shall not be entitled to any such | 23 | | payment until the Board
certifies in writing to the | 24 | | wagering facility the amount to which the wagering
facility | 25 | | is entitled
and a schedule for payment of the amount to the | 26 | | wagering facility, based on:
(i) the racing dates awarded |
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| 1 | | to the race track affiliated with the wagering
facility | 2 | | during the succeeding year; (ii) the sums available or | 3 | | anticipated to
be available in the purse account of the | 4 | | race track affiliated with the
wagering facility for purses | 5 | | during the succeeding year; and (iii) the need to
ensure | 6 | | reasonable purse levels during the payment period.
The | 7 | | Board's certification
shall be provided no later than | 8 | | January 31 of the succeeding year.
In the event a wagering | 9 | | facility entitled to a payment under this paragraph
(13) is | 10 | | affiliated with a race track that maintains purse accounts | 11 | | for both
standardbred and thoroughbred racing, the amount | 12 | | to be paid to the wagering
facility shall be divided | 13 | | between each purse account pro rata, based on the
amount of | 14 | | Illinois handle on Illinois standardbred and thoroughbred | 15 | | racing
respectively at the wagering facility during the | 16 | | previous calendar year.
Annually, the General Assembly | 17 | | shall appropriate sufficient funds from the
General | 18 | | Revenue Fund to the Department of Agriculture for payment | 19 | | into the
thoroughbred and standardbred horse racing purse | 20 | | accounts at
Illinois pari-mutuel tracks. The amount paid to | 21 | | each purse account shall be
the amount certified by the | 22 | | Illinois Racing Board in January to be
transferred from | 23 | | each account to each eligible racing facility in
accordance | 24 | | with the provisions of this Section.
| 25 | | (h) The Board may approve and license the conduct of | 26 | | inter-track wagering
and simulcast wagering by inter-track |
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| 1 | | wagering licensees and inter-track
wagering location licensees | 2 | | subject to the following terms and conditions:
| 3 | | (1) Any person licensed to conduct a race meeting (i) | 4 | | at a track where
60 or more days of racing were conducted | 5 | | during the immediately preceding
calendar year or where | 6 | | over the 5 immediately preceding calendar years an
average | 7 | | of 30 or more days of racing were conducted annually may be | 8 | | issued an
inter-track wagering license; (ii) at a track
| 9 | | located in a county that is bounded by the Mississippi | 10 | | River, which has a
population of less than 150,000 | 11 | | according to the 1990 decennial census, and an
average of | 12 | | at least 60 days of racing per year between 1985 and 1993 | 13 | | may be
issued an inter-track wagering license; or (iii) at | 14 | | a track
located in Madison
County that conducted at least | 15 | | 100 days of live racing during the immediately
preceding
| 16 | | calendar year may be issued an inter-track wagering | 17 | | license, unless a lesser
schedule of
live racing is the | 18 | | result of (A) weather, unsafe track conditions, or other
| 19 | | acts of God; (B)
an agreement between the organization | 20 | | licensee and the associations
representing the
largest | 21 | | number of owners, trainers, jockeys, or standardbred | 22 | | drivers who race
horses at
that organization licensee's | 23 | | racing meeting; or (C) a finding by the Board of
| 24 | | extraordinary circumstances and that it was in the best | 25 | | interest of the public
and the sport to conduct fewer than | 26 | | 100 days of live racing. Any such person
having operating |
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| 1 | | control of the racing facility may receive
inter-track | 2 | | wagering
location licenses. An
eligible race track located | 3 | | in a county that has a population of more than
230,000 and | 4 | | that is bounded by the Mississippi River may establish up | 5 | | to 9
inter-track wagering locations, an eligible race track | 6 | | located in Stickney Township in Cook County may establish | 7 | | up to 16 inter-track wagering locations, and an eligible | 8 | | race track located in Palatine Township in Cook County may | 9 | | establish up to 18 inter-track wagering locations.
An | 10 | | application for
said license shall be filed with the Board | 11 | | prior to such dates as may be
fixed by the Board. With an | 12 | | application for an inter-track
wagering
location license | 13 | | there shall be delivered to the Board a certified check or
| 14 | | bank draft payable to the order of the Board for an amount | 15 | | equal to $500.
The application shall be on forms prescribed | 16 | | and furnished by the Board. The
application shall comply | 17 | | with all other rules,
regulations and conditions imposed by | 18 | | the Board in connection therewith.
| 19 | | (2) The Board shall examine the applications with | 20 | | respect to their
conformity with this Act and the rules and | 21 | | regulations imposed by the
Board. If found to be in | 22 | | compliance with the Act and rules and regulations
of the | 23 | | Board, the Board may then issue a license to conduct | 24 | | inter-track
wagering and simulcast wagering to such | 25 | | applicant. All such applications
shall be acted upon by the | 26 | | Board at a meeting to be held on such date as may be
fixed |
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| 1 | | by the Board.
| 2 | | (3) In granting licenses to conduct inter-track | 3 | | wagering and simulcast
wagering, the Board shall give due | 4 | | consideration to
the best interests of the
public, of horse | 5 | | racing, and of maximizing revenue to the State.
| 6 | | (4) Prior to the issuance of a license to conduct | 7 | | inter-track wagering
and simulcast wagering,
the applicant | 8 | | shall file with the Board a bond payable to the State of | 9 | | Illinois
in the sum of $50,000, executed by the applicant | 10 | | and a surety company or
companies authorized to do business | 11 | | in this State, and conditioned upon
(i) the payment by the | 12 | | licensee of all taxes due under Section 27 or 27.1
and any | 13 | | other monies due and payable under this Act, and (ii)
| 14 | | distribution by the licensee, upon presentation of the | 15 | | winning ticket or
tickets, of all sums payable to the | 16 | | patrons of pari-mutuel pools.
| 17 | | (5) Each license to conduct inter-track wagering and | 18 | | simulcast
wagering shall specify the person
to whom it is | 19 | | issued, the dates on which such wagering is permitted, and
| 20 | | the track or location where the wagering is to be | 21 | | conducted.
| 22 | | (6) All wagering under such license is subject to this | 23 | | Act and to the
rules and regulations from time to time | 24 | | prescribed by the Board, and every
such license issued by | 25 | | the Board shall contain a recital to that effect.
| 26 | | (7) An inter-track wagering licensee or inter-track |
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| 1 | | wagering location
licensee may accept wagers at the track | 2 | | or location
where it is licensed, or as otherwise provided | 3 | | under this Act.
| 4 | | (8) Inter-track wagering or simulcast wagering shall | 5 | | not be
conducted
at any track less than 5 miles from a | 6 | | track at which a racing meeting is in
progress.
| 7 | | (8.1) Inter-track wagering location
licensees who | 8 | | derive their licenses from a particular organization | 9 | | licensee
shall conduct inter-track wagering and simulcast | 10 | | wagering only at locations that
are within 160 miles of | 11 | | that race track
where
the particular organization licensee | 12 | | is licensed to conduct racing. However, inter-track | 13 | | wagering and simulcast wagering
shall not
be conducted by | 14 | | those licensees at any location within 5 miles of any race
| 15 | | track at which a
horse race meeting has been licensed in | 16 | | the current year, unless the person
having operating | 17 | | control of such race track has given its written consent
to | 18 | | such inter-track wagering location licensees,
which | 19 | | consent
must be filed with the Board at or prior to the | 20 | | time application is made. In the case of any inter-track | 21 | | wagering location licensee initially licensed after | 22 | | December 31, 2013, inter-track wagering and simulcast | 23 | | wagering shall not be conducted by those inter-track | 24 | | wagering location licensees that are located outside the | 25 | | City of Chicago at any location within 8 miles of any race | 26 | | track at which a horse race meeting has been licensed in |
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| 1 | | the current year, unless the person having operating | 2 | | control of such race track has given its written consent to | 3 | | such inter-track wagering location licensees, which | 4 | | consent must be filed with the Board at or prior to the | 5 | | time application is made.
| 6 | | (8.2) Inter-track wagering or simulcast wagering shall | 7 | | not be
conducted by an inter-track
wagering location | 8 | | licensee at any location within 500 feet of an
existing
| 9 | | church or existing school, nor within 500 feet of the | 10 | | residences
of more than 50 registered voters without
| 11 | | receiving written permission from a majority of the | 12 | | registered
voters at such residences.
Such written | 13 | | permission statements shall be filed with the Board. The
| 14 | | distance of 500 feet shall be measured to the nearest part | 15 | | of any
building
used for worship services, education | 16 | | programs, residential purposes, or
conducting inter-track | 17 | | wagering by an inter-track wagering location
licensee, and | 18 | | not to property boundaries. However, inter-track wagering | 19 | | or
simulcast wagering may be conducted at a site within 500 | 20 | | feet of
a church, school or residences
of 50 or more | 21 | | registered voters if such church, school
or residences have | 22 | | been erected
or established, or such voters have been | 23 | | registered, after
the Board issues
the original | 24 | | inter-track wagering location license at the site in | 25 | | question.
Inter-track wagering location licensees may | 26 | | conduct inter-track wagering
and simulcast wagering only |
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| 1 | | in areas that are zoned for
commercial or manufacturing | 2 | | purposes or
in areas for which a special use has been | 3 | | approved by the local zoning
authority. However, no license | 4 | | to conduct inter-track wagering and simulcast
wagering | 5 | | shall be
granted by the Board with respect to any | 6 | | inter-track wagering location
within the jurisdiction of | 7 | | any local zoning authority which has, by
ordinance or by | 8 | | resolution, prohibited the establishment of an inter-track
| 9 | | wagering location within its jurisdiction. However, | 10 | | inter-track wagering
and simulcast wagering may be | 11 | | conducted at a site if such ordinance or
resolution is | 12 | | enacted after
the Board licenses the original inter-track | 13 | | wagering location
licensee for the site in question.
| 14 | | (9) (Blank).
| 15 | | (10) An inter-track wagering licensee or an | 16 | | inter-track wagering
location licensee may retain, subject | 17 | | to the
payment of the privilege taxes and the purses, an | 18 | | amount not to
exceed 17% of all money wagered. Each program | 19 | | of racing conducted by
each inter-track wagering licensee | 20 | | or inter-track wagering location
licensee shall be | 21 | | considered a separate racing day for the purpose of
| 22 | | determining the daily handle and computing the privilege | 23 | | tax or pari-mutuel
tax on such daily
handle as provided in | 24 | | Section 27.
| 25 | | (10.1) Except as provided in subsection (g) of Section | 26 | | 27 of this Act,
inter-track wagering location licensees |
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| 1 | | shall pay 1% of the
pari-mutuel handle at each location to | 2 | | the municipality in which such
location is situated and 1% | 3 | | of the pari-mutuel handle at each location to
the county in | 4 | | which such location is situated. In the event that an
| 5 | | inter-track wagering location licensee is situated in an | 6 | | unincorporated
area of a county, such licensee shall pay 2% | 7 | | of the pari-mutuel handle from
such location to such | 8 | | county. Inter-track wagering location licensees must pay | 9 | | the handle percentage required under this paragraph to the | 10 | | municipality and county no later than the 20th of the month | 11 | | following the month such handle was generated.
| 12 | | (10.2) Notwithstanding any other provision of this | 13 | | Act, with respect to inter-track
wagering at a race track | 14 | | located in a
county that has a population of
more than | 15 | | 230,000 and that is bounded by the Mississippi River ("the | 16 | | first race
track"), or at a facility operated by an | 17 | | inter-track wagering licensee or
inter-track wagering | 18 | | location licensee that derives its license from the
| 19 | | organization licensee that operates the first race track, | 20 | | on races conducted at
the first race track or on races | 21 | | conducted at another Illinois race track
and | 22 | | simultaneously televised to the first race track or to a | 23 | | facility operated
by an inter-track wagering licensee or | 24 | | inter-track wagering location licensee
that derives its | 25 | | license from the organization licensee that operates the | 26 | | first
race track, those moneys shall be allocated as |
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| 1 | | follows:
| 2 | | (A) That portion of all moneys wagered on | 3 | | standardbred racing that is
required under this Act to | 4 | | be paid to purses shall be paid to purses for
| 5 | | standardbred races.
| 6 | | (B) That portion of all moneys wagered on | 7 | | thoroughbred racing
that is required under this Act to | 8 | | be paid to purses shall be paid to purses
for | 9 | | thoroughbred races.
| 10 | | (11) (A) After payment of the privilege or pari-mutuel | 11 | | tax, any other
applicable
taxes, and
the costs and expenses | 12 | | in connection with the gathering, transmission, and
| 13 | | dissemination of all data necessary to the conduct of | 14 | | inter-track wagering,
the remainder of the monies retained | 15 | | under either Section 26 or Section 26.2
of this Act by the | 16 | | inter-track wagering licensee on inter-track wagering
| 17 | | shall be allocated with 50% to be split between the
2 | 18 | | participating licensees and 50% to purses, except
that an | 19 | | inter-track wagering licensee that derives its
license | 20 | | from a track located in a county with a population in | 21 | | excess of 230,000
and that borders the Mississippi River | 22 | | shall not divide any remaining
retention with the Illinois | 23 | | organization licensee that provides the race or
races, and | 24 | | an inter-track wagering licensee that accepts wagers on | 25 | | races
conducted by an organization licensee that conducts a | 26 | | race meet in a county
with a population in excess of |
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| 1 | | 230,000 and that borders the Mississippi River
shall not | 2 | | divide any remaining retention with that organization | 3 | | licensee.
| 4 | | (B) From the
sums permitted to be retained pursuant to | 5 | | this Act each inter-track wagering
location licensee shall | 6 | | pay (i) the privilege or pari-mutuel tax to the
State; (ii) | 7 | | 4.75% of the
pari-mutuel handle on inter-track wagering at | 8 | | such location on
races as purses, except that
an | 9 | | inter-track wagering location licensee that derives its | 10 | | license from a
track located in a county with a population | 11 | | in excess of 230,000 and that
borders the Mississippi River | 12 | | shall retain all purse moneys for its own purse
account | 13 | | consistent with distribution set forth in this subsection | 14 | | (h), and inter-track
wagering location licensees that | 15 | | accept wagers on races
conducted
by an organization | 16 | | licensee located in a county with a population in excess of
| 17 | | 230,000 and that borders the Mississippi River shall | 18 | | distribute all purse
moneys to purses at the operating host | 19 | | track; (iii) until January 1, 2000,
except as
provided in
| 20 | | subsection (g) of Section 27 of this Act, 1% of the
| 21 | | pari-mutuel handle wagered on inter-track wagering and | 22 | | simulcast wagering at
each inter-track wagering
location | 23 | | licensee facility to the Horse Racing Tax Allocation Fund, | 24 | | provided
that, to the extent the total amount collected and | 25 | | distributed to the Horse
Racing Tax Allocation Fund under | 26 | | this subsection (h) during any calendar year
exceeds the |
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| 1 | | amount collected and distributed to the Horse Racing Tax | 2 | | Allocation
Fund during calendar year 1994, that excess | 3 | | amount shall be redistributed (I)
to all inter-track | 4 | | wagering location licensees, based on each licensee's pro | 5 | | rata
pro-rata share of the total handle from inter-track | 6 | | wagering and simulcast
wagering for all inter-track | 7 | | wagering location licensees during the calendar
year in | 8 | | which this provision is applicable; then (II) the amounts | 9 | | redistributed
to each inter-track wagering location | 10 | | licensee as described in subpart (I)
shall be further | 11 | | redistributed as provided in subparagraph (B) of paragraph | 12 | | (5)
of subsection (g) of this Section 26 provided first, | 13 | | that the shares of those
amounts, which are to be | 14 | | redistributed to the host track or to purses at the
host | 15 | | track under subparagraph (B) of paragraph (5) of subsection | 16 | | (g) of this
Section 26 shall be
redistributed based on each | 17 | | host track's pro rata share of the total
inter-track
| 18 | | wagering and simulcast wagering handle at all host tracks | 19 | | during the calendar
year in question, and second, that any | 20 | | amounts redistributed as described in
part (I) to an | 21 | | inter-track wagering location licensee that accepts
wagers | 22 | | on races conducted by an organization licensee that | 23 | | conducts a race meet
in a county with a population in | 24 | | excess of 230,000 and that borders the
Mississippi River | 25 | | shall be further redistributed, effective January 1, 2017, | 26 | | as provided in paragraph (7) of subsection (g) of this |
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| 1 | | Section 26, with the
portion of that
further redistribution | 2 | | allocated to purses at that organization licensee to be
| 3 | | divided between standardbred purses and thoroughbred | 4 | | purses based on the
amounts otherwise allocated to purses | 5 | | at that organization licensee during the
calendar year in | 6 | | question; and (iv) 8% of the pari-mutuel handle on
| 7 | | inter-track wagering wagered at
such location to satisfy | 8 | | all costs and expenses of conducting its wagering. The
| 9 | | remainder of the monies retained by the inter-track | 10 | | wagering location licensee
shall be allocated 40% to the | 11 | | location licensee and 60% to the organization
licensee | 12 | | which provides the Illinois races to the location, except | 13 | | that an inter-track
wagering location
licensee that | 14 | | derives its license from a track located in a county with a
| 15 | | population in excess of 230,000 and that borders the | 16 | | Mississippi River shall
not divide any remaining retention | 17 | | with the organization licensee that provides
the race or | 18 | | races and an inter-track wagering location licensee that | 19 | | accepts
wagers on races conducted by an organization | 20 | | licensee that conducts a race meet
in a county with a | 21 | | population in excess of 230,000 and that borders the
| 22 | | Mississippi River shall not divide any remaining retention | 23 | | with the
organization licensee.
Notwithstanding the | 24 | | provisions of clauses (ii) and (iv) of this
paragraph, in | 25 | | the case of the additional inter-track wagering location | 26 | | licenses
authorized under paragraph (1) of this subsection |
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| 1 | | (h) by Public Act 87-110, those licensees shall pay the | 2 | | following amounts as purses:
during the first 12 months the | 3 | | licensee is in operation, 5.25% of
the
pari-mutuel handle | 4 | | wagered at the location on races; during the second 12
| 5 | | months, 5.25%; during the third 12 months, 5.75%;
during
| 6 | | the fourth 12 months,
6.25%; and during the fifth 12 months | 7 | | and thereafter, 6.75%. The
following amounts shall be | 8 | | retained by the licensee to satisfy all costs
and expenses | 9 | | of conducting its wagering: during the first 12 months the
| 10 | | licensee is in operation, 8.25% of the pari-mutuel handle | 11 | | wagered
at the
location; during the second 12 months, | 12 | | 8.25%; during the third 12
months, 7.75%;
during the fourth | 13 | | 12 months, 7.25%; and during the fifth 12 months
and
| 14 | | thereafter, 6.75%.
For additional inter-track wagering | 15 | | location licensees authorized under Public Act 89-16, | 16 | | purses for the first 12 months the licensee is in operation | 17 | | shall
be 5.75% of the pari-mutuel wagered
at the location, | 18 | | purses for the second 12 months the licensee is in | 19 | | operation
shall be 6.25%, and purses
thereafter shall be | 20 | | 6.75%. For additional inter-track location
licensees
| 21 | | authorized under Public Act 89-16, the licensee shall be | 22 | | allowed to retain to satisfy
all costs and expenses: 7.75% | 23 | | of the pari-mutuel handle wagered at
the location
during | 24 | | its first 12 months of operation, 7.25% during its second
| 25 | | 12
months of
operation, and 6.75% thereafter.
| 26 | | (C) There is hereby created the Horse Racing Tax |
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| 1 | | Allocation Fund
which shall remain in existence until | 2 | | December 31, 1999. Moneys
remaining in the Fund after | 3 | | December 31, 1999
shall be paid into the
General Revenue | 4 | | Fund. Until January 1, 2000,
all monies paid into the Horse | 5 | | Racing Tax Allocation Fund pursuant to this
paragraph (11) | 6 | | by inter-track wagering location licensees located in park
| 7 | | districts of 500,000 population or less, or in a | 8 | | municipality that is not
included within any park district | 9 | | but is included within a conservation
district and is the | 10 | | county seat of a county that (i) is contiguous to the state
| 11 | | of Indiana and (ii) has a 1990 population of 88,257 | 12 | | according to the United
States Bureau of the Census, and | 13 | | operating on May 1, 1994 shall be
allocated by | 14 | | appropriation as follows:
| 15 | | Two-sevenths to the Department of Agriculture. | 16 | | Fifty percent of
this two-sevenths shall be used to | 17 | | promote the Illinois horse racing and
breeding | 18 | | industry, and shall be distributed by the Department of | 19 | | Agriculture
upon the advice of a 9-member committee | 20 | | appointed by the Governor consisting of
the following | 21 | | members: the Director of Agriculture, who shall serve | 22 | | as
chairman; 2 representatives of organization | 23 | | licensees conducting thoroughbred
race meetings in | 24 | | this State, recommended by those licensees; 2 | 25 | | representatives
of organization licensees conducting | 26 | | standardbred race meetings in this State,
recommended |
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| 1 | | by those licensees; a representative of the Illinois
| 2 | | Thoroughbred Breeders and Owners Foundation, | 3 | | recommended by that
Foundation; a representative of | 4 | | the Illinois Standardbred Owners and
Breeders | 5 | | Association, recommended
by that Association; a | 6 | | representative of
the Horsemen's Benevolent and | 7 | | Protective Association or any successor
organization | 8 | | thereto established in Illinois comprised of the | 9 | | largest number of
owners and trainers, recommended by | 10 | | that
Association or that successor organization; and a
| 11 | | representative of the Illinois Harness Horsemen's
| 12 | | Association, recommended by that Association. | 13 | | Committee members shall
serve for terms of 2 years, | 14 | | commencing January 1 of each even-numbered
year. If a | 15 | | representative of any of the above-named entities has | 16 | | not been
recommended by January 1 of any even-numbered | 17 | | year, the Governor shall
appoint a committee member to | 18 | | fill that position. Committee members shall
receive no | 19 | | compensation for their services as members but shall be
| 20 | | reimbursed for all actual and necessary expenses and | 21 | | disbursements incurred
in the performance of their | 22 | | official duties. The remaining 50% of this
| 23 | | two-sevenths shall be distributed to county fairs for | 24 | | premiums and
rehabilitation as set forth in the | 25 | | Agricultural Fair Act;
| 26 | | Four-sevenths to park districts or municipalities |
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| 1 | | that do not have a
park district of 500,000 population | 2 | | or less for museum purposes (if an
inter-track wagering | 3 | | location licensee is located in such a park district) | 4 | | or
to conservation districts for museum purposes (if an | 5 | | inter-track wagering
location licensee is located in a | 6 | | municipality that is not included within any
park | 7 | | district but is included within a conservation | 8 | | district and is the county
seat of a county that (i) is | 9 | | contiguous to the state of Indiana and (ii) has a
1990 | 10 | | population of 88,257 according to the United States | 11 | | Bureau of the Census,
except that if the conservation | 12 | | district does not maintain a museum, the monies
shall | 13 | | be allocated equally between the county and the | 14 | | municipality in which the
inter-track wagering | 15 | | location licensee is located for general purposes) or | 16 | | to a
municipal recreation board for park purposes (if | 17 | | an inter-track wagering
location licensee is located | 18 | | in a municipality that is not included within any
park | 19 | | district and park maintenance is the function of the | 20 | | municipal recreation
board and the municipality has a | 21 | | 1990 population of 9,302 according to the
United States | 22 | | Bureau of the Census); provided that the monies are | 23 | | distributed
to each park district or conservation | 24 | | district or municipality that does not
have a park | 25 | | district in an amount equal to four-sevenths of the | 26 | | amount
collected by each inter-track wagering location |
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| 1 | | licensee within the park
district or conservation | 2 | | district or municipality for the Fund. Monies that
were | 3 | | paid into the Horse Racing Tax Allocation Fund before | 4 | | August 9, 1991 (the effective date
of Public Act | 5 | | 87-110) by an inter-track wagering location licensee
| 6 | | located in a municipality that is not included within | 7 | | any park district but is
included within a conservation | 8 | | district as provided in this paragraph shall, as
soon | 9 | | as practicable after August 9, 1991 (the effective date | 10 | | of Public Act 87-110), be
allocated and paid to that | 11 | | conservation district as provided in this paragraph.
| 12 | | Any park district or municipality not maintaining a | 13 | | museum may deposit the
monies in the corporate fund of | 14 | | the park district or municipality where the
| 15 | | inter-track wagering location is located, to be used | 16 | | for general purposes;
and
| 17 | | One-seventh to the Agricultural Premium Fund to be | 18 | | used for distribution
to agricultural home economics | 19 | | extension councils in accordance with "An
Act in | 20 | | relation to additional support and finances for the | 21 | | Agricultural and
Home Economic Extension Councils in | 22 | | the several counties of this State and
making an | 23 | | appropriation therefor", approved July 24, 1967.
| 24 | | Until January 1, 2000, all other
monies paid into the | 25 | | Horse Racing Tax
Allocation Fund pursuant to
this paragraph | 26 | | (11) shall be allocated by appropriation as follows:
|
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| 1 | | Two-sevenths to the Department of Agriculture. | 2 | | Fifty percent of this
two-sevenths shall be used to | 3 | | promote the Illinois horse racing and breeding
| 4 | | industry, and shall be distributed by the Department of | 5 | | Agriculture upon the
advice of a 9-member committee | 6 | | appointed by the Governor consisting of the
following | 7 | | members: the Director of Agriculture, who shall serve | 8 | | as chairman; 2
representatives of organization | 9 | | licensees conducting thoroughbred race meetings
in | 10 | | this State, recommended by those licensees; 2 | 11 | | representatives of
organization licensees conducting | 12 | | standardbred race meetings in this State,
recommended | 13 | | by those licensees; a representative of the Illinois | 14 | | Thoroughbred
Breeders and Owners Foundation, | 15 | | recommended by that Foundation; a
representative of | 16 | | the Illinois Standardbred Owners and Breeders | 17 | | Association,
recommended by that Association; a | 18 | | representative of the Horsemen's Benevolent
and | 19 | | Protective Association or any successor organization | 20 | | thereto established
in Illinois comprised of the | 21 | | largest number of owners and trainers,
recommended by | 22 | | that Association or that successor organization; and a
| 23 | | representative of the Illinois Harness Horsemen's | 24 | | Association, recommended by
that Association. | 25 | | Committee members shall serve for terms of 2 years,
| 26 | | commencing January 1 of each even-numbered year. If a |
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| 1 | | representative of any of
the above-named entities has | 2 | | not been recommended by January 1 of any
even-numbered | 3 | | year, the Governor shall appoint a committee member to | 4 | | fill that
position. Committee members shall receive no | 5 | | compensation for their services
as members but shall be | 6 | | reimbursed for all actual and necessary expenses and
| 7 | | disbursements incurred in the performance of their | 8 | | official duties. The
remaining 50% of this | 9 | | two-sevenths shall be distributed to county fairs for
| 10 | | premiums and rehabilitation as set forth in the | 11 | | Agricultural Fair Act;
| 12 | | Four-sevenths to museums and aquariums located in | 13 | | park districts of over
500,000 population; provided | 14 | | that the monies are distributed in accordance with
the | 15 | | previous year's distribution of the maintenance tax | 16 | | for such museums and
aquariums as provided in Section 2 | 17 | | of the Park District Aquarium and Museum
Act; 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.
This | 25 | | subparagraph (C) shall be inoperative and of no force | 26 | | and effect on and
after January 1, 2000.
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| 1 | | (D) Except as provided in paragraph (11) of this | 2 | | subsection (h),
with respect to purse allocation from | 3 | | inter-track wagering, the monies so
retained shall be | 4 | | divided as follows:
| 5 | | (i) If the inter-track wagering licensee, | 6 | | except an inter-track
wagering licensee that | 7 | | derives its license from an organization
licensee | 8 | | located in a county with a population in excess of | 9 | | 230,000 and bounded
by the Mississippi River, is | 10 | | not conducting its own
race meeting during the same | 11 | | dates, then the entire purse allocation shall be
to | 12 | | purses at the track where the races wagered on are | 13 | | being conducted.
| 14 | | (ii) If the inter-track wagering licensee, | 15 | | except an inter-track
wagering licensee that | 16 | | derives its license from an organization
licensee | 17 | | located in a county with a population in excess of | 18 | | 230,000 and bounded
by the Mississippi River, is | 19 | | also
conducting its own
race meeting during the | 20 | | same dates, then the purse allocation shall be as
| 21 | | follows: 50% to purses at the track where the races | 22 | | wagered on are
being conducted; 50% to purses at | 23 | | the track where the inter-track
wagering licensee | 24 | | is accepting such wagers.
| 25 | | (iii) If the inter-track wagering is being | 26 | | conducted by an inter-track
wagering location |
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| 1 | | licensee, except an inter-track wagering location | 2 | | licensee
that derives its license from an | 3 | | organization licensee located in a
county with a | 4 | | population in excess of 230,000 and bounded by the | 5 | | Mississippi
River, the entire purse allocation for | 6 | | Illinois races shall
be to purses at the track | 7 | | where the race meeting being wagered on is being
| 8 | | held.
| 9 | | (12) The Board shall have all powers necessary and | 10 | | proper to fully
supervise and control the conduct of
| 11 | | inter-track wagering and simulcast
wagering by inter-track | 12 | | wagering licensees and inter-track wagering location
| 13 | | licensees, including, but not
limited to the following:
| 14 | | (A) The Board is vested with power to promulgate | 15 | | reasonable rules and
regulations for the purpose of | 16 | | administering the
conduct of this
wagering and to | 17 | | prescribe reasonable rules, regulations and conditions | 18 | | under
which such wagering shall be held and conducted. | 19 | | Such rules and regulations
are to provide for the | 20 | | prevention of practices detrimental to the public
| 21 | | interest and for
the best interests of said wagering | 22 | | and to impose penalties
for violations thereof.
| 23 | | (B) The Board, and any person or persons to whom it | 24 | | delegates this
power, is vested with the power to enter | 25 | | the
facilities of any licensee to determine whether | 26 | | there has been
compliance with the provisions of this |
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| 1 | | Act and the rules and regulations
relating to the | 2 | | conduct of such wagering.
| 3 | | (C) The Board, and any person or persons to whom it | 4 | | delegates this
power, may eject or exclude from any | 5 | | licensee's facilities, any person whose
conduct or | 6 | | reputation
is such that his presence on such premises | 7 | | may, in the opinion of the Board,
call into the | 8 | | question the honesty and integrity of, or interfere | 9 | | with the
orderly conduct of such wagering; provided, | 10 | | however, that no person shall
be excluded or ejected | 11 | | from such premises solely on the grounds of race,
| 12 | | color, creed, national origin, ancestry, or sex.
| 13 | | (D) (Blank).
| 14 | | (E) The Board is vested with the power to appoint | 15 | | delegates to execute
any of the powers granted to it | 16 | | under this Section for the purpose of
administering | 17 | | this wagering and any
rules and
regulations
| 18 | | promulgated in accordance with this Act.
| 19 | | (F) The Board shall name and appoint a State | 20 | | director of this wagering
who shall be a representative | 21 | | of the Board and whose
duty it shall
be to supervise | 22 | | the conduct of inter-track wagering as may be provided | 23 | | for
by the rules and regulations of the Board; such | 24 | | rules and regulation shall
specify the method of | 25 | | appointment and the Director's powers, authority and
| 26 | | duties.
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| 1 | | (G) The Board is vested with the power to impose | 2 | | civil penalties of up
to $5,000 against individuals and | 3 | | up to $10,000 against
licensees for each violation of | 4 | | any provision of
this Act relating to the conduct of | 5 | | this wagering, any
rules adopted
by the Board, any | 6 | | order of the Board or any other action which in the | 7 | | Board's
discretion, is a detriment or impediment to | 8 | | such wagering.
| 9 | | (13) The Department of Agriculture may enter into | 10 | | agreements with
licensees authorizing such licensees to | 11 | | conduct inter-track
wagering on races to be held at the | 12 | | licensed race meetings conducted by the
Department of | 13 | | Agriculture. Such
agreement shall specify the races of the | 14 | | Department of Agriculture's
licensed race meeting upon | 15 | | which the licensees will conduct wagering. In the
event | 16 | | that a licensee
conducts inter-track pari-mutuel wagering | 17 | | on races from the Illinois State Fair
or DuQuoin State Fair | 18 | | which are in addition to the licensee's previously
approved | 19 | | racing program, those races shall be considered a separate | 20 | | racing day
for the
purpose of determining the daily handle | 21 | | and computing the privilege or
pari-mutuel tax on
that | 22 | | daily handle as provided in Sections 27
and 27.1. Such
| 23 | | agreements shall be approved by the Board before such | 24 | | wagering may be
conducted. In determining whether to grant | 25 | | approval, the Board shall give
due consideration to the | 26 | | best interests of the public and of horse racing.
The |
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| 1 | | provisions of paragraphs (1), (8), (8.1), and (8.2) of
| 2 | | subsection (h) of this
Section which are not specified in | 3 | | this paragraph (13) shall not apply to
licensed race | 4 | | meetings conducted by the Department of Agriculture at the
| 5 | | Illinois State Fair in Sangamon County or the DuQuoin State | 6 | | Fair in Perry
County, or to any wagering conducted on
those | 7 | | race meetings. | 8 | | (14) An inter-track wagering location license | 9 | | authorized by the Board in 2016 that is owned and operated | 10 | | by a race track in Rock Island County shall be transferred | 11 | | to a commonly owned race track in Cook County on August 12, | 12 | | 2016 (the effective date of Public Act 99-757). The | 13 | | licensee shall retain its status in relation to purse | 14 | | distribution under paragraph (11) of this subsection (h) | 15 | | following the transfer to the new entity. The pari-mutuel | 16 | | tax credit under Section 32.1 shall not be applied toward | 17 | | any pari-mutuel tax obligation of the inter-track wagering | 18 | | location licensee of the license that is transferred under | 19 | | this paragraph (14).
| 20 | | (i) Notwithstanding the other provisions of this Act, the | 21 | | conduct of
wagering at wagering facilities is authorized on all | 22 | | days, except as limited by
subsection (b) of Section 19 of this | 23 | | Act.
| 24 | | (Source: P.A. 99-756, eff. 8-12-16; 99-757, eff. 8-12-16; | 25 | | 100-201, eff. 8-18-17; 100-627, eff. 7-20-18; 100-1152, eff. | 26 | | 12-14-18; revised 1-13-19.)
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| 1 | | (230 ILCS 5/27) (from Ch. 8, par. 37-27) | 2 | | Sec. 27. (a) In addition to the organization license fee | 3 | | provided
by this Act, until January 1, 2000, a
graduated | 4 | | privilege tax is hereby
imposed for conducting
the pari-mutuel | 5 | | system of wagering permitted under this
Act. Until January 1, | 6 | | 2000, except as provided in subsection (g) of
Section 27 of | 7 | | this Act, all of
the breakage of each racing day held by any | 8 | | licensee in the State shall be paid
to the State.
Until January | 9 | | 1, 2000, such daily graduated privilege tax shall be paid by
| 10 | | the
licensee from the amount permitted to be retained under | 11 | | this Act.
Until January 1, 2000, each day's
graduated privilege | 12 | | tax, breakage, and Horse Racing Tax Allocation
funds shall be | 13 | | remitted to the Department of Revenue within 48 hours after the
| 14 | | close of the racing day upon which it is assessed or within | 15 | | such other time as
the Board prescribes. The privilege tax | 16 | | hereby imposed, until January
1, 2000, shall be a flat tax at
| 17 | | the rate of 2% of the daily pari-mutuel handle except as | 18 | | provided in Section
27.1. | 19 | | In addition, every organization licensee, except as
| 20 | | provided in Section 27.1 of this Act, which conducts multiple
| 21 | | wagering shall pay, until January 1, 2000,
as a privilege tax | 22 | | on multiple
wagers an amount
equal to 1.25% of all moneys | 23 | | wagered each day on such multiple wagers,
plus an additional | 24 | | amount equal to 3.5% of the amount wagered each day on any
| 25 | | other multiple wager which involves a single
betting interest |
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| 1 | | on 3 or more horses. The licensee shall remit the amount of
| 2 | | such taxes to the Department of Revenue within 48 hours after | 3 | | the close of
the racing day on which it is assessed or within | 4 | | such other time as the Board
prescribes. | 5 | | This subsection (a) shall be inoperative and of no force | 6 | | and effect on and
after January 1, 2000. | 7 | | (a-5) Beginning on January 1, 2000, a
flat
pari-mutuel tax | 8 | | at the rate of 1.5% of
the daily
pari-mutuel handle is imposed | 9 | | at all pari-mutuel wagering facilities and on advance deposit | 10 | | wagering from a location other than a wagering facility, except | 11 | | as otherwise provided for in this subsection (a-5). In addition | 12 | | to the pari-mutuel tax imposed on advance deposit wagering | 13 | | pursuant to this subsection (a-5), beginning on August 24, 2012 | 14 | | (the effective date of Public Act 97-1060) and through December | 15 | | 31, 2020, an additional pari-mutuel tax at the rate of 0.25% | 16 | | shall be imposed on advance deposit wagering. Until August 25, | 17 | | 2012, the additional 0.25% pari-mutuel tax imposed on advance | 18 | | deposit wagering by Public Act 96-972 shall be deposited into | 19 | | the Quarter Horse Purse Fund, which shall be created as a | 20 | | non-appropriated trust fund administered by the Board for | 21 | | grants to thoroughbred organization licensees for payment of | 22 | | purses for quarter horse races conducted by the organization | 23 | | licensee. Beginning on August 26, 2012, the additional 0.25% | 24 | | pari-mutuel tax imposed on advance deposit wagering shall be | 25 | | deposited into the Standardbred Purse Fund, which shall be | 26 | | created as a non-appropriated trust fund administered by the |
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| 1 | | Board, for grants to the standardbred organization licensees | 2 | | for payment of purses for standardbred horse races conducted by | 3 | | the organization licensee. Thoroughbred organization licensees | 4 | | may petition the Board to conduct quarter horse racing and | 5 | | receive purse grants from the Quarter Horse Purse Fund. The | 6 | | Board shall have complete discretion in distributing the | 7 | | Quarter Horse Purse Fund to the petitioning organization | 8 | | licensees. Beginning on July 26, 2010 (the effective date of | 9 | | Public Act 96-1287), a pari-mutuel tax at the rate of 0.75% of | 10 | | the daily pari-mutuel handle is imposed at a pari-mutuel | 11 | | facility whose license is derived from a track located in a | 12 | | county that borders the Mississippi River and conducted live | 13 | | racing in the previous year. The pari-mutuel tax imposed by | 14 | | this subsection (a-5)
shall be remitted to the Department of
| 15 | | Revenue within 48 hours after the close of the racing day upon | 16 | | which it is
assessed or within such other time as the Board | 17 | | prescribes. | 18 | | (b) On or before December 31, 1999, in
the event that any | 19 | | organization
licensee conducts
2 separate programs
of races on | 20 | | any day, each such program shall be considered a separate
| 21 | | racing day for purposes of determining the daily handle and | 22 | | computing
the privilege tax on such daily handle as provided in | 23 | | subsection (a) of
this Section. | 24 | | (c) Licensees shall at all times keep accurate
books
and | 25 | | records of all monies wagered on each day of a race meeting and | 26 | | of
the taxes paid to the Department of Revenue under the |
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| 1 | | provisions of this
Section. The Board or its duly authorized | 2 | | representative or
representatives shall at all reasonable | 3 | | times have access to such
records for the purpose of examining | 4 | | and checking the same and
ascertaining whether the proper | 5 | | amount of taxes is being paid as
provided. The Board shall | 6 | | require verified reports and a statement of
the total of all | 7 | | monies wagered daily at each wagering facility upon which
the | 8 | | taxes are assessed and may prescribe forms upon which such | 9 | | reports
and statement shall be made. | 10 | | (d) Any licensee failing or refusing to pay the amount
of | 11 | | any tax due under this Section shall be guilty of a business | 12 | | offense
and upon conviction shall be fined not more than $5,000 | 13 | | in addition to
the amount found due as tax under this Section. | 14 | | Each day's violation
shall constitute a separate offense. All | 15 | | fines paid into Court by a licensee hereunder shall be | 16 | | transmitted and paid over by
the Clerk of the Court to the | 17 | | Board. | 18 | | (e) No other license fee, privilege tax, excise tax, or
| 19 | | racing fee, except as provided in this Act, shall be assessed | 20 | | or
collected from any such licensee by the State. | 21 | | (f) No other license fee, privilege tax, excise tax or | 22 | | racing fee shall be
assessed or collected from any such | 23 | | licensee by units of local government
except as provided in | 24 | | paragraph 10.1 of subsection (h) and subsection (f) of
Section | 25 | | 26 of this Act. However, any municipality that has a Board | 26 | | licensed
horse race meeting at a race track wholly within its |
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| 1 | | corporate boundaries or a
township that has a Board licensed | 2 | | horse race meeting at a race track wholly
within the | 3 | | unincorporated area of the township may charge a local
| 4 | | amusement tax not to exceed 10˘ per admission to such horse | 5 | | race meeting
by the enactment of an ordinance. However, any | 6 | | municipality or county
that has a Board licensed inter-track | 7 | | wagering location facility wholly
within its corporate | 8 | | boundaries may each impose an admission fee not
to exceed $1.00 | 9 | | per admission to such inter-track wagering location facility,
| 10 | | so that a total of not more than $2.00 per admission may be | 11 | | imposed.
Except as provided in subparagraph (g) of Section 27 | 12 | | of this Act, the
inter-track wagering location licensee shall | 13 | | collect any and all such fees . Inter-track wagering location | 14 | | licensees must pay the admission fees required under this | 15 | | subsection (f) to the municipality and county no later than the | 16 | | 20th of the month following the month such admission fees were | 17 | | imposed.
and within 48 hours remit the fees to the Board, which | 18 | | shall, pursuant to
rule, cause the fees to be distributed to | 19 | | the county or municipality. | 20 | | (g) Notwithstanding any provision in this Act to the | 21 | | contrary, if in any
calendar year the total taxes and fees | 22 | | required to be collected from
licensees and distributed under | 23 | | this Act to all State and local governmental
authorities | 24 | | exceeds the amount of such taxes and fees distributed to each | 25 | | State
and local governmental authority to which each State and | 26 | | local governmental
authority was entitled under this Act for |
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| 1 | | calendar year 1994, then the first
$11 million of that excess | 2 | | amount shall be allocated at the earliest possible
date for | 3 | | distribution as purse money for the succeeding calendar year.
| 4 | | Upon reaching the 1994 level, and until the excess amount of | 5 | | taxes and fees
exceeds $11 million, the Board shall direct all | 6 | | licensees to cease paying the
subject taxes and fees and the | 7 | | Board shall direct all licensees to allocate any such excess | 8 | | amount for purses as
follows: | 9 | | (i) the excess amount shall be initially divided | 10 | | between thoroughbred and
standardbred purses based on the | 11 | | thoroughbred's and standardbred's respective
percentages | 12 | | of total Illinois live wagering in calendar year 1994; | 13 | | (ii) each thoroughbred and standardbred organization | 14 | | licensee issued an
organization licensee in that | 15 | | succeeding allocation year shall
be
allocated an amount | 16 | | equal to the product of its percentage of total
Illinois
| 17 | | live thoroughbred or standardbred wagering in calendar | 18 | | year 1994 (the total to
be determined based on the sum of | 19 | | 1994 on-track wagering for all organization
licensees | 20 | | issued organization licenses in both the allocation year | 21 | | and the
preceding year) multiplied by
the total amount | 22 | | allocated for standardbred or thoroughbred purses, | 23 | | provided
that the first $1,500,000 of the amount allocated | 24 | | to standardbred
purses under item (i) shall be allocated to | 25 | | the Department of
Agriculture to be expended with the | 26 | | assistance and advice of the Illinois
Standardbred |
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| 1 | | Breeders Funds Advisory Board for the purposes listed in
| 2 | | subsection (g) of Section 31 of this Act, before the amount | 3 | | allocated to
standardbred purses under item (i) is | 4 | | allocated to standardbred
organization licensees in the | 5 | | succeeding allocation year. | 6 | | To the extent the excess amount of taxes and fees to be | 7 | | collected and
distributed to State and local governmental | 8 | | authorities exceeds $11 million,
that excess amount shall be | 9 | | collected and distributed to State and local
authorities as | 10 | | provided for under this Act. | 11 | | (Source: P.A. 99-756, eff. 8-12-16; 100-627, eff. 7-20-18.)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.
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