Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1180 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1180 Introduced 1/24/2025, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED: 230 ILCS 5/26 from Ch. 8, par. 37-26230 ILCS 5/27 from Ch. 8, par. 37-27230 ILCS 5/28.1230 ILCS 5/31.1 from Ch. 8, par. 37-31.1230 ILCS 5/15.1 rep.230 ILCS 5/34.3 rep. Amends the Illinois Horse Racing Act of 1975. Provides that the Illinois Racing Board may appoint the Director of Mutuels to serve as the State director for inter-track wagering and simulcast wagering by inter-track wagering licensees and inter-track wagering location licensees. Provides that the pari-mutuel tax imposed at all pari-mutuel wagering facilities and on advance deposit wagering shall be remitted to the Board (rather than the Department of Revenue). Provides that the Board shall distribute contributed funds to a charitable organization on a schedule determined by the Board, based on the charitable organization's estimated expenditures related to the grant (rather than by December 31 of each year). Provides that any funds not expended by the grantee in a grant year shall be distributed to the charitable organization or charitable organizations selected in the next grant year after the funds are recovered. Repeals provisions authorizing the Board to make daily temporary deposits of certain fees and provisions requiring the Board and the Department of Agriculture to establish a program to conduct drug testing on horses at county fairs. Makes other changes. Effective immediately. LRB104 08402 LNS 18453 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1180 Introduced 1/24/2025, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED: 230 ILCS 5/26 from Ch. 8, par. 37-26230 ILCS 5/27 from Ch. 8, par. 37-27230 ILCS 5/28.1230 ILCS 5/31.1 from Ch. 8, par. 37-31.1230 ILCS 5/15.1 rep.230 ILCS 5/34.3 rep. 230 ILCS 5/26 from Ch. 8, par. 37-26 230 ILCS 5/27 from Ch. 8, par. 37-27 230 ILCS 5/28.1 230 ILCS 5/31.1 from Ch. 8, par. 37-31.1 230 ILCS 5/15.1 rep. 230 ILCS 5/34.3 rep. Amends the Illinois Horse Racing Act of 1975. Provides that the Illinois Racing Board may appoint the Director of Mutuels to serve as the State director for inter-track wagering and simulcast wagering by inter-track wagering licensees and inter-track wagering location licensees. Provides that the pari-mutuel tax imposed at all pari-mutuel wagering facilities and on advance deposit wagering shall be remitted to the Board (rather than the Department of Revenue). Provides that the Board shall distribute contributed funds to a charitable organization on a schedule determined by the Board, based on the charitable organization's estimated expenditures related to the grant (rather than by December 31 of each year). Provides that any funds not expended by the grantee in a grant year shall be distributed to the charitable organization or charitable organizations selected in the next grant year after the funds are recovered. Repeals provisions authorizing the Board to make daily temporary deposits of certain fees and provisions requiring the Board and the Department of Agriculture to establish a program to conduct drug testing on horses at county fairs. Makes other changes. Effective immediately. LRB104 08402 LNS 18453 b LRB104 08402 LNS 18453 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1180 Introduced 1/24/2025, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED:
33 230 ILCS 5/26 from Ch. 8, par. 37-26230 ILCS 5/27 from Ch. 8, par. 37-27230 ILCS 5/28.1230 ILCS 5/31.1 from Ch. 8, par. 37-31.1230 ILCS 5/15.1 rep.230 ILCS 5/34.3 rep. 230 ILCS 5/26 from Ch. 8, par. 37-26 230 ILCS 5/27 from Ch. 8, par. 37-27 230 ILCS 5/28.1 230 ILCS 5/31.1 from Ch. 8, par. 37-31.1 230 ILCS 5/15.1 rep. 230 ILCS 5/34.3 rep.
44 230 ILCS 5/26 from Ch. 8, par. 37-26
55 230 ILCS 5/27 from Ch. 8, par. 37-27
66 230 ILCS 5/28.1
77 230 ILCS 5/31.1 from Ch. 8, par. 37-31.1
88 230 ILCS 5/15.1 rep.
99 230 ILCS 5/34.3 rep.
1010 Amends the Illinois Horse Racing Act of 1975. Provides that the Illinois Racing Board may appoint the Director of Mutuels to serve as the State director for inter-track wagering and simulcast wagering by inter-track wagering licensees and inter-track wagering location licensees. Provides that the pari-mutuel tax imposed at all pari-mutuel wagering facilities and on advance deposit wagering shall be remitted to the Board (rather than the Department of Revenue). Provides that the Board shall distribute contributed funds to a charitable organization on a schedule determined by the Board, based on the charitable organization's estimated expenditures related to the grant (rather than by December 31 of each year). Provides that any funds not expended by the grantee in a grant year shall be distributed to the charitable organization or charitable organizations selected in the next grant year after the funds are recovered. Repeals provisions authorizing the Board to make daily temporary deposits of certain fees and provisions requiring the Board and the Department of Agriculture to establish a program to conduct drug testing on horses at county fairs. Makes other changes. Effective immediately.
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1616 1 AN ACT concerning gaming.
1717 2 Be it enacted by the People of the State of Illinois,
1818 3 represented in the General Assembly:
1919 4 Section 5. The Illinois Horse Racing Act of 1975 is
2020 5 amended by changing Sections 26, 27, 28.1, and 31.1 as
2121 6 follows:
2222 7 (230 ILCS 5/26) (from Ch. 8, par. 37-26)
2323 8 Sec. 26. Wagering.
2424 9 (a) Any licensee may conduct and supervise the pari-mutuel
2525 10 system of wagering, as defined in Section 3.12 of this Act, on
2626 11 horse races conducted by an Illinois organization licensee or
2727 12 conducted at a racetrack located in another state or country
2828 13 in accordance with subsection (g) of Section 26 of this Act.
2929 14 Subject to the prior consent of the Board, licensees may
3030 15 supplement any pari-mutuel pool in order to guarantee a
3131 16 minimum distribution. Such pari-mutuel method of wagering
3232 17 shall not, under any circumstances if conducted under the
3333 18 provisions of this Act, be held or construed to be unlawful,
3434 19 other statutes of this State to the contrary notwithstanding.
3535 20 Subject to rules for advance wagering promulgated by the
3636 21 Board, any licensee may accept wagers in advance of the day the
3737 22 race wagered upon occurs.
3838 23 (b) Except for those gaming activities for which a license
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4343 230 ILCS 5/26 from Ch. 8, par. 37-26230 ILCS 5/27 from Ch. 8, par. 37-27230 ILCS 5/28.1230 ILCS 5/31.1 from Ch. 8, par. 37-31.1230 ILCS 5/15.1 rep.230 ILCS 5/34.3 rep. 230 ILCS 5/26 from Ch. 8, par. 37-26 230 ILCS 5/27 from Ch. 8, par. 37-27 230 ILCS 5/28.1 230 ILCS 5/31.1 from Ch. 8, par. 37-31.1 230 ILCS 5/15.1 rep. 230 ILCS 5/34.3 rep.
4444 230 ILCS 5/26 from Ch. 8, par. 37-26
4545 230 ILCS 5/27 from Ch. 8, par. 37-27
4646 230 ILCS 5/28.1
4747 230 ILCS 5/31.1 from Ch. 8, par. 37-31.1
4848 230 ILCS 5/15.1 rep.
4949 230 ILCS 5/34.3 rep.
5050 Amends the Illinois Horse Racing Act of 1975. Provides that the Illinois Racing Board may appoint the Director of Mutuels to serve as the State director for inter-track wagering and simulcast wagering by inter-track wagering licensees and inter-track wagering location licensees. Provides that the pari-mutuel tax imposed at all pari-mutuel wagering facilities and on advance deposit wagering shall be remitted to the Board (rather than the Department of Revenue). Provides that the Board shall distribute contributed funds to a charitable organization on a schedule determined by the Board, based on the charitable organization's estimated expenditures related to the grant (rather than by December 31 of each year). Provides that any funds not expended by the grantee in a grant year shall be distributed to the charitable organization or charitable organizations selected in the next grant year after the funds are recovered. Repeals provisions authorizing the Board to make daily temporary deposits of certain fees and provisions requiring the Board and the Department of Agriculture to establish a program to conduct drug testing on horses at county fairs. Makes other changes. Effective immediately.
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6060 230 ILCS 5/27 from Ch. 8, par. 37-27
6161 230 ILCS 5/28.1
6262 230 ILCS 5/31.1 from Ch. 8, par. 37-31.1
6363 230 ILCS 5/15.1 rep.
6464 230 ILCS 5/34.3 rep.
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8383 1 is obtained and authorized under the Illinois Lottery Law, the
8484 2 Charitable Games Act, the Raffles and Poker Runs Act, or the
8585 3 Illinois Gambling Act, no other method of betting, pool
8686 4 making, wagering or gambling shall be used or permitted by the
8787 5 licensee. Each licensee may retain, subject to the payment of
8888 6 all applicable taxes and purses, an amount not to exceed 17% of
8989 7 all money wagered under subsection (a) of this Section, except
9090 8 as may otherwise be permitted under this Act.
9191 9 (b-5) An individual may place a wager under the
9292 10 pari-mutuel system from any licensed location authorized under
9393 11 this Act provided that wager is electronically recorded in the
9494 12 manner described in Section 3.12 of this Act. Any wager made
9595 13 electronically by an individual while physically on the
9696 14 premises of a licensee shall be deemed to have been made at the
9797 15 premises of that licensee.
9898 16 (c) (Blank).
9999 17 (c-5) The sum held by any licensee for payment of
100100 18 outstanding pari-mutuel tickets, if unclaimed prior to
101101 19 December 31 of the next year, shall be retained by the licensee
102102 20 for payment of such tickets until that date. Within 10 days
103103 21 thereafter, the balance of such sum remaining unclaimed, less
104104 22 any uncashed supplements contributed by such licensee for the
105105 23 purpose of guaranteeing minimum distributions of any
106106 24 pari-mutuel pool, shall be evenly distributed to the purse
107107 25 account of the organization licensee and the organization
108108 26 licensee, except that the balance of the sum of all
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119119 1 outstanding pari-mutuel tickets generated from simulcast
120120 2 wagering and inter-track wagering by an organization licensee
121121 3 located in a county with a population in excess of 230,000 and
122122 4 borders the Mississippi River or any licensee that derives its
123123 5 license from that organization licensee shall be evenly
124124 6 distributed to the purse account of the organization licensee
125125 7 and the organization licensee.
126126 8 (d) A pari-mutuel ticket shall be honored until December
127127 9 31 of the next calendar year, and the licensee shall pay the
128128 10 same and may charge the amount thereof against unpaid money
129129 11 similarly accumulated on account of pari-mutuel tickets not
130130 12 presented for payment.
131131 13 (e) No licensee shall knowingly permit any minor, other
132132 14 than an employee of such licensee or an owner, trainer,
133133 15 jockey, driver, or employee thereof, to be admitted during a
134134 16 racing program unless accompanied by a parent or guardian, or
135135 17 any minor to be a patron of the pari-mutuel system of wagering
136136 18 conducted or supervised by it. The admission of any
137137 19 unaccompanied minor, other than an employee of the licensee or
138138 20 an owner, trainer, jockey, driver, or employee thereof at a
139139 21 race track is a Class C misdemeanor.
140140 22 (f) Notwithstanding the other provisions of this Act, an
141141 23 organization licensee may contract with an entity in another
142142 24 state or country to permit any legal wagering entity in
143143 25 another state or country to accept wagers solely within such
144144 26 other state or country on races conducted by the organization
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155155 1 licensee in this State. Beginning January 1, 2000, these
156156 2 wagers shall not be subject to State taxation. Until January
157157 3 1, 2000, when the out-of-State entity conducts a pari-mutuel
158158 4 pool separate from the organization licensee, a privilege tax
159159 5 equal to 7 1/2% of all monies received by the organization
160160 6 licensee from entities in other states or countries pursuant
161161 7 to such contracts is imposed on the organization licensee, and
162162 8 such privilege tax shall be remitted to the Department of
163163 9 Revenue within 48 hours of receipt of the moneys from the
164164 10 simulcast. When the out-of-State entity conducts a combined
165165 11 pari-mutuel pool with the organization licensee, the tax shall
166166 12 be 10% of all monies received by the organization licensee
167167 13 with 25% of the receipts from this 10% tax to be distributed to
168168 14 the county in which the race was conducted.
169169 15 An organization licensee may permit one or more of its
170170 16 races to be utilized for pari-mutuel wagering at one or more
171171 17 locations in other states and may transmit audio and visual
172172 18 signals of races the organization licensee conducts to one or
173173 19 more locations outside the State or country and may also
174174 20 permit pari-mutuel pools in other states or countries to be
175175 21 combined with its gross or net wagering pools or with wagering
176176 22 pools established by other states.
177177 23 (g) A host track may accept interstate simulcast wagers on
178178 24 horse races conducted in other states or countries and shall
179179 25 control the number of signals and types of breeds of racing in
180180 26 its simulcast program, subject to the disapproval of the
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191191 1 Board. The Board may prohibit a simulcast program only if it
192192 2 finds that the simulcast program is clearly adverse to the
193193 3 integrity of racing. The host track simulcast program shall
194194 4 include the signal of live racing of all organization
195195 5 licensees. All non-host licensees and advance deposit wagering
196196 6 licensees shall carry the signal of and accept wagers on live
197197 7 racing of all organization licensees. Advance deposit wagering
198198 8 licensees shall not be permitted to accept out-of-state wagers
199199 9 on any Illinois signal provided pursuant to this Section
200200 10 without the approval and consent of the organization licensee
201201 11 providing the signal. For one year after August 15, 2014 (the
202202 12 effective date of Public Act 98-968), non-host licensees may
203203 13 carry the host track simulcast program and shall accept wagers
204204 14 on all races included as part of the simulcast program of horse
205205 15 races conducted at race tracks located within North America
206206 16 upon which wagering is permitted. For a period of one year
207207 17 after August 15, 2014 (the effective date of Public Act
208208 18 98-968), on horse races conducted at race tracks located
209209 19 outside of North America, non-host licensees may accept wagers
210210 20 on all races included as part of the simulcast program upon
211211 21 which wagering is permitted. Beginning August 15, 2015 (one
212212 22 year after the effective date of Public Act 98-968), non-host
213213 23 licensees may carry the host track simulcast program and shall
214214 24 accept wagers on all races included as part of the simulcast
215215 25 program upon which wagering is permitted. All organization
216216 26 licensees shall provide their live signal to all advance
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227227 1 deposit wagering licensees for a simulcast commission fee not
228228 2 to exceed 6% of the advance deposit wagering licensee's
229229 3 Illinois handle on the organization licensee's signal without
230230 4 prior approval by the Board. The Board may adopt rules under
231231 5 which it may permit simulcast commission fees in excess of 6%.
232232 6 The Board shall adopt rules limiting the interstate commission
233233 7 fees charged to an advance deposit wagering licensee. The
234234 8 Board shall adopt rules regarding advance deposit wagering on
235235 9 interstate simulcast races that shall reflect, among other
236236 10 things, the General Assembly's desire to maximize revenues to
237237 11 the State, horsemen purses, and organization licensees.
238238 12 However, organization licensees providing live signals
239239 13 pursuant to the requirements of this subsection (g) may
240240 14 petition the Board to withhold their live signals from an
241241 15 advance deposit wagering licensee if the organization licensee
242242 16 discovers and the Board finds reputable or credible
243243 17 information that the advance deposit wagering licensee is
244244 18 under investigation by another state or federal governmental
245245 19 agency, the advance deposit wagering licensee's license has
246246 20 been suspended in another state, or the advance deposit
247247 21 wagering licensee's license is in revocation proceedings in
248248 22 another state. The organization licensee's provision of their
249249 23 live signal to an advance deposit wagering licensee under this
250250 24 subsection (g) pertains to wagers placed from within Illinois.
251251 25 Advance deposit wagering licensees may place advance deposit
252252 26 wagering terminals at wagering facilities as a convenience to
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263263 1 customers. The advance deposit wagering licensee shall not
264264 2 charge or collect any fee from purses for the placement of the
265265 3 advance deposit wagering terminals. The costs and expenses of
266266 4 the host track and non-host licensees associated with
267267 5 interstate simulcast wagering, other than the interstate
268268 6 commission fee, shall be borne by the host track and all
269269 7 non-host licensees incurring these costs. The interstate
270270 8 commission fee shall not exceed 5% of Illinois handle on the
271271 9 interstate simulcast race or races without prior approval of
272272 10 the Board. The Board shall promulgate rules under which it may
273273 11 permit interstate commission fees in excess of 5%. The
274274 12 interstate commission fee and other fees charged by the
275275 13 sending racetrack, including, but not limited to, satellite
276276 14 decoder fees, shall be uniformly applied to the host track and
277277 15 all non-host licensees.
278278 16 Notwithstanding any other provision of this Act, an
279279 17 organization licensee, with the consent of the horsemen
280280 18 association representing the largest number of owners,
281281 19 trainers, jockeys, or standardbred drivers who race horses at
282282 20 that organization licensee's racing meeting, may maintain a
283283 21 system whereby advance deposit wagering may take place or an
284284 22 organization licensee, with the consent of the horsemen
285285 23 association representing the largest number of owners,
286286 24 trainers, jockeys, or standardbred drivers who race horses at
287287 25 that organization licensee's racing meeting, may contract with
288288 26 another person to carry out a system of advance deposit
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299299 1 wagering. Such consent may not be unreasonably withheld. Only
300300 2 with respect to an appeal to the Board that consent for an
301301 3 organization licensee that maintains its own advance deposit
302302 4 wagering system is being unreasonably withheld, the Board
303303 5 shall issue a final order within 30 days after initiation of
304304 6 the appeal, and the organization licensee's advance deposit
305305 7 wagering system may remain operational during that 30-day
306306 8 period. The actions of any organization licensee who conducts
307307 9 advance deposit wagering or any person who has a contract with
308308 10 an organization licensee to conduct advance deposit wagering
309309 11 who conducts advance deposit wagering on or after January 1,
310310 12 2013 and prior to June 7, 2013 (the effective date of Public
311311 13 Act 98-18) taken in reliance on the changes made to this
312312 14 subsection (g) by Public Act 98-18 are hereby validated,
313313 15 provided payment of all applicable pari-mutuel taxes are
314314 16 remitted to the Board. All advance deposit wagers placed from
315315 17 within Illinois must be placed through a Board-approved
316316 18 advance deposit wagering licensee; no other entity may accept
317317 19 an advance deposit wager from a person within Illinois. All
318318 20 advance deposit wagering is subject to any rules adopted by
319319 21 the Board. The Board may adopt rules necessary to regulate
320320 22 advance deposit wagering through the use of emergency
321321 23 rulemaking in accordance with Section 5-45 of the Illinois
322322 24 Administrative Procedure Act. The General Assembly finds that
323323 25 the adoption of rules to regulate advance deposit wagering is
324324 26 deemed an emergency and necessary for the public interest,
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335335 1 safety, and welfare. An advance deposit wagering licensee may
336336 2 retain all moneys as agreed to by contract with an
337337 3 organization licensee. Any moneys retained by the organization
338338 4 licensee from advance deposit wagering, not including moneys
339339 5 retained by the advance deposit wagering licensee, shall be
340340 6 paid 50% to the organization licensee's purse account and 50%
341341 7 to the organization licensee. With the exception of any
342342 8 organization licensee that is owned by a publicly traded
343343 9 company that is incorporated in a state other than Illinois
344344 10 and advance deposit wagering licensees under contract with
345345 11 such organization licensees, organization licensees that
346346 12 maintain advance deposit wagering systems and advance deposit
347347 13 wagering licensees that contract with organization licensees
348348 14 shall provide sufficiently detailed monthly accountings to the
349349 15 horsemen association representing the largest number of
350350 16 owners, trainers, jockeys, or standardbred drivers who race
351351 17 horses at that organization licensee's racing meeting so that
352352 18 the horsemen association, as an interested party, can confirm
353353 19 the accuracy of the amounts paid to the purse account at the
354354 20 horsemen association's affiliated organization licensee from
355355 21 advance deposit wagering. If more than one breed races at the
356356 22 same race track facility, then the 50% of the moneys to be paid
357357 23 to an organization licensee's purse account shall be allocated
358358 24 among all organization licensees' purse accounts operating at
359359 25 that race track facility proportionately based on the actual
360360 26 number of host days that the Board grants to that breed at that
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371371 1 race track facility in the current calendar year. To the
372372 2 extent any fees from advance deposit wagering conducted in
373373 3 Illinois for wagers in Illinois or other states have been
374374 4 placed in escrow or otherwise withheld from wagers pending a
375375 5 determination of the legality of advance deposit wagering, no
376376 6 action shall be brought to declare such wagers or the
377377 7 disbursement of any fees previously escrowed illegal.
378378 8 (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
379379 9 inter-track wagering licensee other than the host track
380380 10 may supplement the host track simulcast program with
381381 11 additional simulcast races or race programs, provided that
382382 12 between January 1 and the third Friday in February of any
383383 13 year, inclusive, if no live thoroughbred racing is
384384 14 occurring in Illinois during this period, only
385385 15 thoroughbred races may be used for supplemental interstate
386386 16 simulcast purposes. The Board shall withhold approval for
387387 17 a supplemental interstate simulcast only if it finds that
388388 18 the simulcast is clearly adverse to the integrity of
389389 19 racing. A supplemental interstate simulcast may be
390390 20 transmitted from an inter-track wagering licensee to its
391391 21 affiliated non-host licensees. The interstate commission
392392 22 fee for a supplemental interstate simulcast shall be paid
393393 23 by the non-host licensee and its affiliated non-host
394394 24 licensees receiving the simulcast.
395395 25 (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
396396 26 inter-track wagering licensee other than the host track
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407407 1 may receive supplemental interstate simulcasts only with
408408 2 the consent of the host track, except when the Board finds
409409 3 that the simulcast is clearly adverse to the integrity of
410410 4 racing. Consent granted under this paragraph (2) to any
411411 5 inter-track wagering licensee shall be deemed consent to
412412 6 all non-host licensees. The interstate commission fee for
413413 7 the supplemental interstate simulcast shall be paid by all
414414 8 participating non-host licensees.
415415 9 (3) Each licensee conducting interstate simulcast
416416 10 wagering may retain, subject to the payment of all
417417 11 applicable taxes and the purses, an amount not to exceed
418418 12 17% of all money wagered. If any licensee conducts the
419419 13 pari-mutuel system wagering on races conducted at
420420 14 racetracks in another state or country, each such race or
421421 15 race program shall be considered a separate racing day for
422422 16 the purpose of determining the daily handle and computing
423423 17 the privilege tax of that daily handle as provided in
424424 18 subsection (a) of Section 27. Until January 1, 2000, from
425425 19 the sums permitted to be retained pursuant to this
426426 20 subsection, each inter-track wagering location licensee
427427 21 shall pay 1% of the pari-mutuel handle wagered on
428428 22 simulcast wagering to the Horse Racing Tax Allocation
429429 23 Fund, subject to the provisions of subparagraph (B) of
430430 24 paragraph (11) of subsection (h) of Section 26 of this
431431 25 Act.
432432 26 (4) A licensee who receives an interstate simulcast
433433
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443443 1 may combine its gross or net pools with pools at the
444444 2 sending racetracks pursuant to rules established by the
445445 3 Board. All licensees combining their gross pools at a
446446 4 sending racetrack shall adopt the takeout percentages of
447447 5 the sending racetrack. A licensee may also establish a
448448 6 separate pool and takeout structure for wagering purposes
449449 7 on races conducted at race tracks outside of the State of
450450 8 Illinois. The licensee may permit pari-mutuel wagers
451451 9 placed in other states or countries to be combined with
452452 10 its gross or net wagering pools or other wagering pools.
453453 11 (5) After the payment of the interstate commission fee
454454 12 (except for the interstate commission fee on a
455455 13 supplemental interstate simulcast, which shall be paid by
456456 14 the host track and by each non-host licensee through the
457457 15 host track) and all applicable State and local taxes,
458458 16 except as provided in subsection (g) of Section 27 of this
459459 17 Act, the remainder of moneys retained from simulcast
460460 18 wagering pursuant to this subsection (g), and Section 26.2
461461 19 shall be divided as follows:
462462 20 (A) For interstate simulcast wagers made at a host
463463 21 track, 50% to the host track and 50% to purses at the
464464 22 host track.
465465 23 (B) For wagers placed on interstate simulcast
466466 24 races, supplemental simulcasts as defined in
467467 25 subparagraphs (1) and (2), and separately pooled races
468468 26 conducted outside of the State of Illinois made at a
469469
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471471
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475475
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479479 1 non-host licensee, 25% to the host track, 25% to the
480480 2 non-host licensee, and 50% to the purses at the host
481481 3 track.
482482 4 (6) Notwithstanding any provision in this Act to the
483483 5 contrary, non-host licensees who derive their licenses
484484 6 from a track located in a county with a population in
485485 7 excess of 230,000 and that borders the Mississippi River
486486 8 may receive supplemental interstate simulcast races at all
487487 9 times subject to Board approval, which shall be withheld
488488 10 only upon a finding that a supplemental interstate
489489 11 simulcast is clearly adverse to the integrity of racing.
490490 12 (7) Effective January 1, 2017, notwithstanding any
491491 13 provision of this Act to the contrary, after payment of
492492 14 all applicable State and local taxes and interstate
493493 15 commission fees, non-host licensees who derive their
494494 16 licenses from a track located in a county with a
495495 17 population in excess of 230,000 and that borders the
496496 18 Mississippi River shall retain 50% of the retention from
497497 19 interstate simulcast wagers and shall pay 50% to purses at
498498 20 the track from which the non-host licensee derives its
499499 21 license.
500500 22 (7.1) Notwithstanding any other provision of this Act
501501 23 to the contrary, if no standardbred racing is conducted at
502502 24 a racetrack located in Madison County during any calendar
503503 25 year beginning on or after January 1, 2002, and the
504504 26 licensee that conducts horse racing at that racetrack
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511511
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514514 SB1180 - 14 - LRB104 08402 LNS 18453 b
515515 1 requests from the Board at least as many racing dates as
516516 2 were conducted in calendar year 2000, all moneys derived
517517 3 by that racetrack from simulcast wagering and inter-track
518518 4 wagering that (1) are to be used for purses and (2) are
519519 5 generated between the hours of 6:30 p.m. and 6:30 a.m.
520520 6 during that calendar year shall be paid as follows:
521521 7 (A) Eighty percent If the licensee that conducts
522522 8 horse racing at that racetrack requests from the Board
523523 9 at least as many racing dates as were conducted in
524524 10 calendar year 2000, 80% shall be paid to its
525525 11 thoroughbred purse account; and
526526 12 (B) Twenty percent shall be deposited into the
527527 13 Illinois Colt Stakes Purse Distribution Fund and shall
528528 14 be paid to purses for standardbred races for Illinois
529529 15 conceived and foaled horses conducted at any county
530530 16 fairgrounds. The moneys deposited into the Fund
531531 17 pursuant to this subparagraph (B) shall be deposited
532532 18 within 2 weeks after the day they were generated,
533533 19 shall be in addition to and not in lieu of any other
534534 20 moneys paid to standardbred purses under this Act, and
535535 21 shall not be commingled with other moneys paid into
536536 22 that Fund. The moneys deposited pursuant to this
537537 23 subparagraph (B) shall be allocated as provided by the
538538 24 Department of Agriculture, with the advice and
539539 25 assistance of the Illinois Standardbred Breeders Fund
540540 26 Advisory Board.
541541
542542
543543
544544
545545
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547547
548548
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550550 SB1180 - 15 - LRB104 08402 LNS 18453 b
551551 1 (7.2) Notwithstanding any other provision of this Act
552552 2 to the contrary, if no thoroughbred racing is conducted at
553553 3 a racetrack located in Madison County during any calendar
554554 4 year beginning on or after January 1, 2002, and the
555555 5 licensee that conducts horse racing at that racetrack
556556 6 requests from the Board at least as many racing dates as
557557 7 were conducted in calendar year 2000, all moneys derived
558558 8 by that racetrack from simulcast wagering and inter-track
559559 9 wagering that (1) are to be used for purses and (2) are
560560 10 generated between the hours of 6:30 a.m. and 6:30 p.m.
561561 11 during that calendar year shall be deposited as follows:
562562 12 (A) Eighty percent If the licensee that conducts
563563 13 horse racing at that racetrack requests from the Board
564564 14 at least as many racing dates as were conducted in
565565 15 calendar year 2000, 80% shall be deposited into its
566566 16 standardbred purse account; and
567567 17 (B) Twenty percent shall be deposited into the
568568 18 Illinois Colt Stakes Purse Distribution Fund. Moneys
569569 19 deposited into the Illinois Colt Stakes Purse
570570 20 Distribution Fund pursuant to this subparagraph (B)
571571 21 shall be paid to Illinois conceived and foaled
572572 22 thoroughbred breeders' programs and to thoroughbred
573573 23 purses for races conducted at any county fairgrounds
574574 24 for Illinois conceived and foaled horses at the
575575 25 discretion of the Department of Agriculture, with the
576576 26 advice and assistance of the Illinois Thoroughbred
577577
578578
579579
580580
581581
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583583
584584
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586586 SB1180 - 16 - LRB104 08402 LNS 18453 b
587587 1 Breeders Fund Advisory Board. The moneys deposited
588588 2 into the Illinois Colt Stakes Purse Distribution Fund
589589 3 pursuant to this subparagraph (B) shall be deposited
590590 4 within 2 weeks after the day they were generated,
591591 5 shall be in addition to and not in lieu of any other
592592 6 moneys paid to thoroughbred purses under this Act, and
593593 7 shall not be commingled with other moneys deposited
594594 8 into that Fund.
595595 9 (8) Notwithstanding any provision in this Act to the
596596 10 contrary, an organization licensee from a track located in
597597 11 a county with a population in excess of 230,000 and that
598598 12 borders the Mississippi River and its affiliated non-host
599599 13 licensees shall not be entitled to share in any retention
600600 14 generated on racing, inter-track wagering, or simulcast
601601 15 wagering at any other Illinois wagering facility.
602602 16 (8.1) Notwithstanding any provisions in this Act to
603603 17 the contrary, if 2 organization licensees are conducting
604604 18 standardbred race meetings concurrently between the hours
605605 19 of 6:30 p.m. and 6:30 a.m., after payment of all
606606 20 applicable State and local taxes and interstate commission
607607 21 fees, the remainder of the amount retained from simulcast
608608 22 wagering otherwise attributable to the host track and to
609609 23 host track purses shall be split daily between the 2
610610 24 organization licensees and the purses at the tracks of the
611611 25 2 organization licensees, respectively, based on each
612612 26 organization licensee's share of the total live handle for
613613
614614
615615
616616
617617
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619619
620620
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622622 SB1180 - 17 - LRB104 08402 LNS 18453 b
623623 1 that day, provided that this provision shall not apply to
624624 2 any non-host licensee that derives its license from a
625625 3 track located in a county with a population in excess of
626626 4 230,000 and that borders the Mississippi River.
627627 5 (9) (Blank).
628628 6 (10) (Blank).
629629 7 (11) (Blank).
630630 8 (12) The Board shall have authority to compel all host
631631 9 tracks to receive the simulcast of any or all races
632632 10 conducted at the Springfield or DuQuoin State fairgrounds
633633 11 and include all such races as part of their simulcast
634634 12 programs.
635635 13 (13) Notwithstanding any other provision of this Act,
636636 14 in the event that the total Illinois pari-mutuel handle on
637637 15 Illinois horse races at all wagering facilities in any
638638 16 calendar year is less than 75% of the total Illinois
639639 17 pari-mutuel handle on Illinois horse races at all such
640640 18 wagering facilities for calendar year 1994, then each
641641 19 wagering facility that has an annual total Illinois
642642 20 pari-mutuel handle on Illinois horse races that is less
643643 21 than 75% of the total Illinois pari-mutuel handle on
644644 22 Illinois horse races at such wagering facility for
645645 23 calendar year 1994, shall be permitted to receive, from
646646 24 any amount otherwise payable to the purse account at the
647647 25 race track with which the wagering facility is affiliated
648648 26 in the succeeding calendar year, an amount equal to 2% of
649649
650650
651651
652652
653653
654654 SB1180 - 17 - LRB104 08402 LNS 18453 b
655655
656656
657657 SB1180- 18 -LRB104 08402 LNS 18453 b SB1180 - 18 - LRB104 08402 LNS 18453 b
658658 SB1180 - 18 - LRB104 08402 LNS 18453 b
659659 1 the differential in total Illinois pari-mutuel handle on
660660 2 Illinois horse races at the wagering facility between that
661661 3 calendar year in question and 1994 provided, however, that
662662 4 a wagering facility shall not be entitled to any such
663663 5 payment until the Board certifies in writing to the
664664 6 wagering facility the amount to which the wagering
665665 7 facility is entitled and a schedule for payment of the
666666 8 amount to the wagering facility, based on: (i) the racing
667667 9 dates awarded to the race track affiliated with the
668668 10 wagering facility during the succeeding year; (ii) the
669669 11 sums available or anticipated to be available in the purse
670670 12 account of the race track affiliated with the wagering
671671 13 facility for purses during the succeeding year; and (iii)
672672 14 the need to ensure reasonable purse levels during the
673673 15 payment period. The Board's certification shall be
674674 16 provided no later than January 31 of the succeeding year.
675675 17 In the event a wagering facility entitled to a payment
676676 18 under this paragraph (13) is affiliated with a race track
677677 19 that maintains purse accounts for both standardbred and
678678 20 thoroughbred racing, the amount to be paid to the wagering
679679 21 facility shall be divided between each purse account pro
680680 22 rata, based on the amount of Illinois handle on Illinois
681681 23 standardbred and thoroughbred racing respectively at the
682682 24 wagering facility during the previous calendar year.
683683 25 Annually, the General Assembly shall appropriate
684684 26 sufficient funds from the General Revenue Fund to the
685685
686686
687687
688688
689689
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691691
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695695 1 Department of Agriculture for payment into the
696696 2 thoroughbred and standardbred horse racing purse accounts
697697 3 at Illinois pari-mutuel tracks. The amount paid to each
698698 4 purse account shall be the amount certified by the
699699 5 Illinois Racing Board in January to be transferred from
700700 6 each account to each eligible racing facility in
701701 7 accordance with the provisions of this Section. Beginning
702702 8 in the calendar year in which an organization licensee
703703 9 that is eligible to receive payment under this paragraph
704704 10 (13) begins to receive funds from gaming pursuant to an
705705 11 organization gaming license issued under the Illinois
706706 12 Gambling Act, the amount of the payment due to all
707707 13 wagering facilities licensed under that organization
708708 14 licensee under this paragraph (13) shall be the amount
709709 15 certified by the Board in January of that year. An
710710 16 organization licensee and its related wagering facilities
711711 17 shall no longer be able to receive payments under this
712712 18 paragraph (13) beginning in the year subsequent to the
713713 19 first year in which the organization licensee begins to
714714 20 receive funds from gaming pursuant to an organization
715715 21 gaming license issued under the Illinois Gambling Act.
716716 22 (h) The Board may approve and license the conduct of
717717 23 inter-track wagering and simulcast wagering by inter-track
718718 24 wagering licensees and inter-track wagering location licensees
719719 25 subject to the following terms and conditions:
720720 26 (1) Any person licensed to conduct a race meeting (i)
721721
722722
723723
724724
725725
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727727
728728
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730730 SB1180 - 20 - LRB104 08402 LNS 18453 b
731731 1 at a track where 60 or more days of racing were conducted
732732 2 during the immediately preceding calendar year or where
733733 3 over the 5 immediately preceding calendar years an average
734734 4 of 30 or more days of racing were conducted annually may be
735735 5 issued an inter-track wagering license; (ii) at a track
736736 6 located in a county that is bounded by the Mississippi
737737 7 River, which has a population of less than 150,000
738738 8 according to the 1990 decennial census, and an average of
739739 9 at least 60 days of racing per year between 1985 and 1993
740740 10 may be issued an inter-track wagering license; (iii) at a
741741 11 track awarded standardbred racing dates; or (iv) at a
742742 12 track located in Madison County that conducted at least
743743 13 100 days of live racing during the immediately preceding
744744 14 calendar year may be issued an inter-track wagering
745745 15 license, unless a lesser schedule of live racing is the
746746 16 result of (A) weather, unsafe track conditions, or other
747747 17 acts of God; (B) an agreement between the organization
748748 18 licensee and the associations representing the largest
749749 19 number of owners, trainers, jockeys, or standardbred
750750 20 drivers who race horses at that organization licensee's
751751 21 racing meeting; or (C) a finding by the Board of
752752 22 extraordinary circumstances and that it was in the best
753753 23 interest of the public and the sport to conduct fewer than
754754 24 100 days of live racing. Any such person having operating
755755 25 control of the racing facility may receive inter-track
756756 26 wagering location licenses. An eligible race track located
757757
758758
759759
760760
761761
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763763
764764
765765 SB1180- 21 -LRB104 08402 LNS 18453 b SB1180 - 21 - LRB104 08402 LNS 18453 b
766766 SB1180 - 21 - LRB104 08402 LNS 18453 b
767767 1 in a county that has a population of more than 230,000 and
768768 2 that is bounded by the Mississippi River may establish up
769769 3 to 9 inter-track wagering locations, an eligible race
770770 4 track located in Stickney Township in Cook County may
771771 5 establish up to 16 inter-track wagering locations, and an
772772 6 eligible race track located in Palatine Township in Cook
773773 7 County may establish up to 18 inter-track wagering
774774 8 locations. An eligible racetrack conducting standardbred
775775 9 racing may have up to 16 inter-track wagering locations.
776776 10 An application for said license shall be filed with the
777777 11 Board prior to such dates as may be fixed by the Board.
778778 12 With an application for an inter-track wagering location
779779 13 license there shall be delivered to the Board a certified
780780 14 check or bank draft payable to the order of the Board for
781781 15 an amount equal to $500. The application shall be on forms
782782 16 prescribed and furnished by the Board. The application
783783 17 shall comply with all other rules, regulations and
784784 18 conditions imposed by the Board in connection therewith.
785785 19 (2) The Board shall examine the applications with
786786 20 respect to their conformity with this Act and the rules
787787 21 and regulations imposed by the Board. If found to be in
788788 22 compliance with the Act and rules and regulations of the
789789 23 Board, the Board may then issue a license to conduct
790790 24 inter-track wagering and simulcast wagering to such
791791 25 applicant. All such applications shall be acted upon by
792792 26 the Board at a meeting to be held on such date as may be
793793
794794
795795
796796
797797
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799799
800800
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803803 1 fixed by the Board.
804804 2 (3) In granting licenses to conduct inter-track
805805 3 wagering and simulcast wagering, the Board shall give due
806806 4 consideration to the best interests of the public, of
807807 5 horse racing, and of maximizing revenue to the State.
808808 6 (4) Prior to the issuance of a license to conduct
809809 7 inter-track wagering and simulcast wagering, the applicant
810810 8 shall file with the Board a bond payable to the State of
811811 9 Illinois in the sum of $50,000, executed by the applicant
812812 10 and a surety company or companies authorized to do
813813 11 business in this State, and conditioned upon (i) the
814814 12 payment by the licensee of all taxes due under Section 27
815815 13 or 27.1 and any other monies due and payable under this
816816 14 Act, and (ii) distribution by the licensee, upon
817817 15 presentation of the winning ticket or tickets, of all sums
818818 16 payable to the patrons of pari-mutuel pools.
819819 17 (5) Each license to conduct inter-track wagering and
820820 18 simulcast wagering shall specify the person to whom it is
821821 19 issued, the dates on which such wagering is permitted, and
822822 20 the track or location where the wagering is to be
823823 21 conducted.
824824 22 (6) All wagering under such license is subject to this
825825 23 Act and to the rules and regulations from time to time
826826 24 prescribed by the Board, and every such license issued by
827827 25 the Board shall contain a recital to that effect.
828828 26 (7) An inter-track wagering licensee or inter-track
829829
830830
831831
832832
833833
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835835
836836
837837 SB1180- 23 -LRB104 08402 LNS 18453 b SB1180 - 23 - LRB104 08402 LNS 18453 b
838838 SB1180 - 23 - LRB104 08402 LNS 18453 b
839839 1 wagering location licensee may accept wagers at the track
840840 2 or location where it is licensed, or as otherwise provided
841841 3 under this Act.
842842 4 (8) Inter-track wagering or simulcast wagering shall
843843 5 not be conducted at any track less than 4 miles from a
844844 6 track at which a racing meeting is in progress.
845845 7 (8.1) Inter-track wagering location licensees who
846846 8 derive their licenses from a particular organization
847847 9 licensee shall conduct inter-track wagering and simulcast
848848 10 wagering only at locations that are within 160 miles of
849849 11 that race track where the particular organization licensee
850850 12 is licensed to conduct racing. However, inter-track
851851 13 wagering and simulcast wagering shall not be conducted by
852852 14 those licensees at any location within 5 miles of any race
853853 15 track at which a horse race meeting has been licensed in
854854 16 the current year, unless the person having operating
855855 17 control of such race track has given its written consent
856856 18 to such inter-track wagering location licensees, which
857857 19 consent must be filed with the Board at or prior to the
858858 20 time application is made. In the case of any inter-track
859859 21 wagering location licensee initially licensed after
860860 22 December 31, 2013, inter-track wagering and simulcast
861861 23 wagering shall not be conducted by those inter-track
862862 24 wagering location licensees that are located outside the
863863 25 City of Chicago at any location within 8 miles of any race
864864 26 track at which a horse race meeting has been licensed in
865865
866866
867867
868868
869869
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871871
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874874 SB1180 - 24 - LRB104 08402 LNS 18453 b
875875 1 the current year, unless the person having operating
876876 2 control of such race track has given its written consent
877877 3 to such inter-track wagering location licensees, which
878878 4 consent must be filed with the Board at or prior to the
879879 5 time application is made.
880880 6 (8.2) Inter-track wagering or simulcast wagering shall
881881 7 not be conducted by an inter-track wagering location
882882 8 licensee at any location within 100 feet of an existing
883883 9 church, an existing elementary or secondary public school,
884884 10 or an existing elementary or secondary private school
885885 11 registered with or recognized by the State Board of
886886 12 Education. The distance of 100 feet shall be measured to
887887 13 the nearest part of any building used for worship
888888 14 services, education programs, or conducting inter-track
889889 15 wagering by an inter-track wagering location licensee, and
890890 16 not to property boundaries. However, inter-track wagering
891891 17 or simulcast wagering may be conducted at a site within
892892 18 100 feet of a church or school if such church or school has
893893 19 been erected or established after the Board issues the
894894 20 original inter-track wagering location license at the site
895895 21 in question. Inter-track wagering location licensees may
896896 22 conduct inter-track wagering and simulcast wagering only
897897 23 in areas that are zoned for commercial or manufacturing
898898 24 purposes or in areas for which a special use has been
899899 25 approved by the local zoning authority. However, no
900900 26 license to conduct inter-track wagering and simulcast
901901
902902
903903
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907907
908908
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910910 SB1180 - 25 - LRB104 08402 LNS 18453 b
911911 1 wagering shall be granted by the Board with respect to any
912912 2 inter-track wagering location within the jurisdiction of
913913 3 any local zoning authority which has, by ordinance or by
914914 4 resolution, prohibited the establishment of an inter-track
915915 5 wagering location within its jurisdiction. However,
916916 6 inter-track wagering and simulcast wagering may be
917917 7 conducted at a site if such ordinance or resolution is
918918 8 enacted after the Board licenses the original inter-track
919919 9 wagering location licensee for the site in question.
920920 10 (9) (Blank).
921921 11 (10) An inter-track wagering licensee or an
922922 12 inter-track wagering location licensee may retain, subject
923923 13 to the payment of the privilege taxes and the purses, an
924924 14 amount not to exceed 17% of all money wagered. Each
925925 15 program of racing conducted by each inter-track wagering
926926 16 licensee or inter-track wagering location licensee shall
927927 17 be considered a separate racing day for the purpose of
928928 18 determining the daily handle and computing the privilege
929929 19 tax or pari-mutuel tax on such daily handle as provided in
930930 20 Section 27.
931931 21 (10.1) Except as provided in subsection (g) of Section
932932 22 27 of this Act, inter-track wagering location licensees
933933 23 shall pay 1% of the pari-mutuel handle at each location to
934934 24 the municipality in which such location is situated and 1%
935935 25 of the pari-mutuel handle at each location to the county
936936 26 in which such location is situated. In the event that an
937937
938938
939939
940940
941941
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943943
944944
945945 SB1180- 26 -LRB104 08402 LNS 18453 b SB1180 - 26 - LRB104 08402 LNS 18453 b
946946 SB1180 - 26 - LRB104 08402 LNS 18453 b
947947 1 inter-track wagering location licensee is situated in an
948948 2 unincorporated area of a county, such licensee shall pay
949949 3 2% of the pari-mutuel handle from such location to such
950950 4 county. Inter-track wagering location licensees must pay
951951 5 the handle percentage required under this paragraph to the
952952 6 municipality and county no later than the 20th of the
953953 7 month following the month such handle was generated.
954954 8 (10.2) Notwithstanding any other provision of this
955955 9 Act, with respect to inter-track wagering at a race track
956956 10 located in a county that has a population of more than
957957 11 230,000 and that is bounded by the Mississippi River ("the
958958 12 first race track"), or at a facility operated by an
959959 13 inter-track wagering licensee or inter-track wagering
960960 14 location licensee that derives its license from the
961961 15 organization licensee that operates the first race track,
962962 16 on races conducted at the first race track or on races
963963 17 conducted at another Illinois race track and
964964 18 simultaneously televised to the first race track or to a
965965 19 facility operated by an inter-track wagering licensee or
966966 20 inter-track wagering location licensee that derives its
967967 21 license from the organization licensee that operates the
968968 22 first race track, those moneys shall be allocated as
969969 23 follows:
970970 24 (A) That portion of all moneys wagered on
971971 25 standardbred racing that is required under this Act to
972972 26 be paid to purses shall be paid to purses for
973973
974974
975975
976976
977977
978978 SB1180 - 26 - LRB104 08402 LNS 18453 b
979979
980980
981981 SB1180- 27 -LRB104 08402 LNS 18453 b SB1180 - 27 - LRB104 08402 LNS 18453 b
982982 SB1180 - 27 - LRB104 08402 LNS 18453 b
983983 1 standardbred races.
984984 2 (B) That portion of all moneys wagered on
985985 3 thoroughbred racing that is required under this Act to
986986 4 be paid to purses shall be paid to purses for
987987 5 thoroughbred races.
988988 6 (11) (A) After payment of the privilege or pari-mutuel
989989 7 tax, any other applicable taxes, and the costs and
990990 8 expenses in connection with the gathering, transmission,
991991 9 and dissemination of all data necessary to the conduct of
992992 10 inter-track wagering, the remainder of the monies retained
993993 11 under either Section 26 or Section 26.2 of this Act by the
994994 12 inter-track wagering licensee on inter-track wagering
995995 13 shall be allocated with 50% to be split between the 2
996996 14 participating licensees and 50% to purses, except that an
997997 15 inter-track wagering licensee that derives its license
998998 16 from a track located in a county with a population in
999999 17 excess of 230,000 and that borders the Mississippi River
10001000 18 shall not divide any remaining retention with the Illinois
10011001 19 organization licensee that provides the race or races, and
10021002 20 an inter-track wagering licensee that accepts wagers on
10031003 21 races conducted by an organization licensee that conducts
10041004 22 a race meet in a county with a population in excess of
10051005 23 230,000 and that borders the Mississippi River shall not
10061006 24 divide any remaining retention with that organization
10071007 25 licensee.
10081008 26 (B) From the sums permitted to be retained pursuant to
10091009
10101010
10111011
10121012
10131013
10141014 SB1180 - 27 - LRB104 08402 LNS 18453 b
10151015
10161016
10171017 SB1180- 28 -LRB104 08402 LNS 18453 b SB1180 - 28 - LRB104 08402 LNS 18453 b
10181018 SB1180 - 28 - LRB104 08402 LNS 18453 b
10191019 1 this Act each inter-track wagering location licensee shall
10201020 2 pay (i) the privilege or pari-mutuel tax to the State;
10211021 3 (ii) 4.75% of the pari-mutuel handle on inter-track
10221022 4 wagering at such location on races as purses, except that
10231023 5 an inter-track wagering location licensee that derives its
10241024 6 license from a track located in a county with a population
10251025 7 in excess of 230,000 and that borders the Mississippi
10261026 8 River shall retain all purse moneys for its own purse
10271027 9 account consistent with distribution set forth in this
10281028 10 subsection (h), and inter-track wagering location
10291029 11 licensees that accept wagers on races conducted by an
10301030 12 organization licensee located in a county with a
10311031 13 population in excess of 230,000 and that borders the
10321032 14 Mississippi River shall distribute all purse moneys to
10331033 15 purses at the operating host track; (iii) until January 1,
10341034 16 2000, except as provided in subsection (g) of Section 27
10351035 17 of this Act, 1% of the pari-mutuel handle wagered on
10361036 18 inter-track wagering and simulcast wagering at each
10371037 19 inter-track wagering location licensee facility to the
10381038 20 Horse Racing Tax Allocation Fund, provided that, to the
10391039 21 extent the total amount collected and distributed to the
10401040 22 Horse Racing Tax Allocation Fund under this subsection (h)
10411041 23 during any calendar year exceeds the amount collected and
10421042 24 distributed to the Horse Racing Tax Allocation Fund during
10431043 25 calendar year 1994, that excess amount shall be
10441044 26 redistributed (I) to all inter-track wagering location
10451045
10461046
10471047
10481048
10491049
10501050 SB1180 - 28 - LRB104 08402 LNS 18453 b
10511051
10521052
10531053 SB1180- 29 -LRB104 08402 LNS 18453 b SB1180 - 29 - LRB104 08402 LNS 18453 b
10541054 SB1180 - 29 - LRB104 08402 LNS 18453 b
10551055 1 licensees, based on each licensee's pro rata share of the
10561056 2 total handle from inter-track wagering and simulcast
10571057 3 wagering for all inter-track wagering location licensees
10581058 4 during the calendar year in which this provision is
10591059 5 applicable; then (II) the amounts redistributed to each
10601060 6 inter-track wagering location licensee as described in
10611061 7 subpart (I) shall be further redistributed as provided in
10621062 8 subparagraph (B) of paragraph (5) of subsection (g) of
10631063 9 this Section 26 provided first, that the shares of those
10641064 10 amounts, which are to be redistributed to the host track
10651065 11 or to purses at the host track under subparagraph (B) of
10661066 12 paragraph (5) of subsection (g) of this Section 26 shall
10671067 13 be redistributed based on each host track's pro rata share
10681068 14 of the total inter-track wagering and simulcast wagering
10691069 15 handle at all host tracks during the calendar year in
10701070 16 question, and second, that any amounts redistributed as
10711071 17 described in part (I) to an inter-track wagering location
10721072 18 licensee that accepts wagers on races conducted by an
10731073 19 organization licensee that conducts a race meet in a
10741074 20 county with a population in excess of 230,000 and that
10751075 21 borders the Mississippi River shall be further
10761076 22 redistributed, effective January 1, 2017, as provided in
10771077 23 paragraph (7) of subsection (g) of this Section 26, with
10781078 24 the portion of that further redistribution allocated to
10791079 25 purses at that organization licensee to be divided between
10801080 26 standardbred purses and thoroughbred purses based on the
10811081
10821082
10831083
10841084
10851085
10861086 SB1180 - 29 - LRB104 08402 LNS 18453 b
10871087
10881088
10891089 SB1180- 30 -LRB104 08402 LNS 18453 b SB1180 - 30 - LRB104 08402 LNS 18453 b
10901090 SB1180 - 30 - LRB104 08402 LNS 18453 b
10911091 1 amounts otherwise allocated to purses at that organization
10921092 2 licensee during the calendar year in question; and (iv) 8%
10931093 3 of the pari-mutuel handle on inter-track wagering wagered
10941094 4 at such location to satisfy all costs and expenses of
10951095 5 conducting its wagering. The remainder of the monies
10961096 6 retained by the inter-track wagering location licensee
10971097 7 shall be allocated 40% to the location licensee and 60% to
10981098 8 the organization licensee which provides the Illinois
10991099 9 races to the location, except that an inter-track wagering
11001100 10 location licensee that derives its license from a track
11011101 11 located in a county with a population in excess of 230,000
11021102 12 and that borders the Mississippi River shall not divide
11031103 13 any remaining retention with the organization licensee
11041104 14 that provides the race or races and an inter-track
11051105 15 wagering location licensee that accepts wagers on races
11061106 16 conducted by an organization licensee that conducts a race
11071107 17 meet in a county with a population in excess of 230,000 and
11081108 18 that borders the Mississippi River shall not divide any
11091109 19 remaining retention with the organization licensee.
11101110 20 Notwithstanding the provisions of clauses (ii) and (iv) of
11111111 21 this paragraph, in the case of the additional inter-track
11121112 22 wagering location licenses authorized under paragraph (1)
11131113 23 of this subsection (h) by Public Act 87-110, those
11141114 24 licensees shall pay the following amounts as purses:
11151115 25 during the first 12 months the licensee is in operation,
11161116 26 5.25% of the pari-mutuel handle wagered at the location on
11171117
11181118
11191119
11201120
11211121
11221122 SB1180 - 30 - LRB104 08402 LNS 18453 b
11231123
11241124
11251125 SB1180- 31 -LRB104 08402 LNS 18453 b SB1180 - 31 - LRB104 08402 LNS 18453 b
11261126 SB1180 - 31 - LRB104 08402 LNS 18453 b
11271127 1 races; during the second 12 months, 5.25%; during the
11281128 2 third 12 months, 5.75%; during the fourth 12 months,
11291129 3 6.25%; and during the fifth 12 months and thereafter,
11301130 4 6.75%. The following amounts shall be retained by the
11311131 5 licensee to satisfy all costs and expenses of conducting
11321132 6 its wagering: during the first 12 months the licensee is
11331133 7 in operation, 8.25% of the pari-mutuel handle wagered at
11341134 8 the location; during the second 12 months, 8.25%; during
11351135 9 the third 12 months, 7.75%; during the fourth 12 months,
11361136 10 7.25%; and during the fifth 12 months and thereafter,
11371137 11 6.75%. For additional inter-track wagering location
11381138 12 licensees authorized under Public Act 89-16, purses for
11391139 13 the first 12 months the licensee is in operation shall be
11401140 14 5.75% of the pari-mutuel wagered at the location, purses
11411141 15 for the second 12 months the licensee is in operation
11421142 16 shall be 6.25%, and purses thereafter shall be 6.75%. For
11431143 17 additional inter-track location licensees authorized under
11441144 18 Public Act 89-16, the licensee shall be allowed to retain
11451145 19 to satisfy all costs and expenses: 7.75% of the
11461146 20 pari-mutuel handle wagered at the location during its
11471147 21 first 12 months of operation, 7.25% during its second 12
11481148 22 months of operation, and 6.75% thereafter.
11491149 23 (C) There is hereby created the Horse Racing Tax
11501150 24 Allocation Fund which shall remain in existence until
11511151 25 December 31, 1999. Moneys remaining in the Fund after
11521152 26 December 31, 1999 shall be paid into the General Revenue
11531153
11541154
11551155
11561156
11571157
11581158 SB1180 - 31 - LRB104 08402 LNS 18453 b
11591159
11601160
11611161 SB1180- 32 -LRB104 08402 LNS 18453 b SB1180 - 32 - LRB104 08402 LNS 18453 b
11621162 SB1180 - 32 - LRB104 08402 LNS 18453 b
11631163 1 Fund. Until January 1, 2000, all monies paid into the
11641164 2 Horse Racing Tax Allocation Fund pursuant to this
11651165 3 paragraph (11) by inter-track wagering location licensees
11661166 4 located in park districts of 500,000 population or less,
11671167 5 or in a municipality that is not included within any park
11681168 6 district but is included within a conservation district
11691169 7 and is the county seat of a county that (i) is contiguous
11701170 8 to the state of Indiana and (ii) has a 1990 population of
11711171 9 88,257 according to the United States Bureau of the
11721172 10 Census, and operating on May 1, 1994 shall be allocated by
11731173 11 appropriation as follows:
11741174 12 Two-sevenths to the Department of Agriculture.
11751175 13 Fifty percent of this two-sevenths shall be used to
11761176 14 promote the Illinois horse racing and breeding
11771177 15 industry, and shall be distributed by the Department
11781178 16 of Agriculture upon the advice of a 9-member committee
11791179 17 appointed by the Governor consisting of the following
11801180 18 members: the Director of Agriculture, who shall serve
11811181 19 as chairman; 2 representatives of organization
11821182 20 licensees conducting thoroughbred race meetings in
11831183 21 this State, recommended by those licensees; 2
11841184 22 representatives of organization licensees conducting
11851185 23 standardbred race meetings in this State, recommended
11861186 24 by those licensees; a representative of the Illinois
11871187 25 Thoroughbred Breeders and Owners Foundation,
11881188 26 recommended by that Foundation; a representative of
11891189
11901190
11911191
11921192
11931193
11941194 SB1180 - 32 - LRB104 08402 LNS 18453 b
11951195
11961196
11971197 SB1180- 33 -LRB104 08402 LNS 18453 b SB1180 - 33 - LRB104 08402 LNS 18453 b
11981198 SB1180 - 33 - LRB104 08402 LNS 18453 b
11991199 1 the Illinois Standardbred Owners and Breeders
12001200 2 Association, recommended by that Association; a
12011201 3 representative of the Horsemen's Benevolent and
12021202 4 Protective Association or any successor organization
12031203 5 thereto established in Illinois comprised of the
12041204 6 largest number of owners and trainers, recommended by
12051205 7 that Association or that successor organization; and a
12061206 8 representative of the Illinois Harness Horsemen's
12071207 9 Association, recommended by that Association.
12081208 10 Committee members shall serve for terms of 2 years,
12091209 11 commencing January 1 of each even-numbered year. If a
12101210 12 representative of any of the above-named entities has
12111211 13 not been recommended by January 1 of any even-numbered
12121212 14 year, the Governor shall appoint a committee member to
12131213 15 fill that position. Committee members shall receive no
12141214 16 compensation for their services as members but shall
12151215 17 be reimbursed for all actual and necessary expenses
12161216 18 and disbursements incurred in the performance of their
12171217 19 official duties. The remaining 50% of this
12181218 20 two-sevenths shall be distributed to county fairs for
12191219 21 premiums and rehabilitation as set forth in the
12201220 22 Agricultural Fair Act;
12211221 23 Four-sevenths to park districts or municipalities
12221222 24 that do not have a park district of 500,000 population
12231223 25 or less for museum purposes (if an inter-track
12241224 26 wagering location licensee is located in such a park
12251225
12261226
12271227
12281228
12291229
12301230 SB1180 - 33 - LRB104 08402 LNS 18453 b
12311231
12321232
12331233 SB1180- 34 -LRB104 08402 LNS 18453 b SB1180 - 34 - LRB104 08402 LNS 18453 b
12341234 SB1180 - 34 - LRB104 08402 LNS 18453 b
12351235 1 district) or to conservation districts for museum
12361236 2 purposes (if an inter-track wagering location licensee
12371237 3 is located in a municipality that is not included
12381238 4 within any park district but is included within a
12391239 5 conservation district and is the county seat of a
12401240 6 county that (i) is contiguous to the state of Indiana
12411241 7 and (ii) has a 1990 population of 88,257 according to
12421242 8 the United States Bureau of the Census, except that if
12431243 9 the conservation district does not maintain a museum,
12441244 10 the monies shall be allocated equally between the
12451245 11 county and the municipality in which the inter-track
12461246 12 wagering location licensee is located for general
12471247 13 purposes) or to a municipal recreation board for park
12481248 14 purposes (if an inter-track wagering location licensee
12491249 15 is located in a municipality that is not included
12501250 16 within any park district and park maintenance is the
12511251 17 function of the municipal recreation board and the
12521252 18 municipality has a 1990 population of 9,302 according
12531253 19 to the United States Bureau of the Census); provided
12541254 20 that the monies are distributed to each park district
12551255 21 or conservation district or municipality that does not
12561256 22 have a park district in an amount equal to
12571257 23 four-sevenths of the amount collected by each
12581258 24 inter-track wagering location licensee within the park
12591259 25 district or conservation district or municipality for
12601260 26 the Fund. Monies that were paid into the Horse Racing
12611261
12621262
12631263
12641264
12651265
12661266 SB1180 - 34 - LRB104 08402 LNS 18453 b
12671267
12681268
12691269 SB1180- 35 -LRB104 08402 LNS 18453 b SB1180 - 35 - LRB104 08402 LNS 18453 b
12701270 SB1180 - 35 - LRB104 08402 LNS 18453 b
12711271 1 Tax Allocation Fund before August 9, 1991 (the
12721272 2 effective date of Public Act 87-110) by an inter-track
12731273 3 wagering location licensee located in a municipality
12741274 4 that is not included within any park district but is
12751275 5 included within a conservation district as provided in
12761276 6 this paragraph shall, as soon as practicable after
12771277 7 August 9, 1991 (the effective date of Public Act
12781278 8 87-110), be allocated and paid to that conservation
12791279 9 district as provided in this paragraph. Any park
12801280 10 district or municipality not maintaining a museum may
12811281 11 deposit the monies in the corporate fund of the park
12821282 12 district or municipality where the inter-track
12831283 13 wagering location is located, to be used for general
12841284 14 purposes; and
12851285 15 One-seventh to the Agricultural Premium Fund to be
12861286 16 used for distribution to agricultural home economics
12871287 17 extension councils in accordance with "An Act in
12881288 18 relation to additional support and finances for the
12891289 19 Agricultural and Home Economic Extension Councils in
12901290 20 the several counties of this State and making an
12911291 21 appropriation therefor", approved July 24, 1967.
12921292 22 Until January 1, 2000, all other monies paid into the
12931293 23 Horse Racing Tax Allocation Fund pursuant to this
12941294 24 paragraph (11) shall be allocated by appropriation as
12951295 25 follows:
12961296 26 Two-sevenths to the Department of Agriculture.
12971297
12981298
12991299
13001300
13011301
13021302 SB1180 - 35 - LRB104 08402 LNS 18453 b
13031303
13041304
13051305 SB1180- 36 -LRB104 08402 LNS 18453 b SB1180 - 36 - LRB104 08402 LNS 18453 b
13061306 SB1180 - 36 - LRB104 08402 LNS 18453 b
13071307 1 Fifty percent of this two-sevenths shall be used to
13081308 2 promote the Illinois horse racing and breeding
13091309 3 industry, and shall be distributed by the Department
13101310 4 of Agriculture upon the advice of a 9-member committee
13111311 5 appointed by the Governor consisting of the following
13121312 6 members: the Director of Agriculture, who shall serve
13131313 7 as chairman; 2 representatives of organization
13141314 8 licensees conducting thoroughbred race meetings in
13151315 9 this State, recommended by those licensees; 2
13161316 10 representatives of organization licensees conducting
13171317 11 standardbred race meetings in this State, recommended
13181318 12 by those licensees; a representative of the Illinois
13191319 13 Thoroughbred Breeders and Owners Foundation,
13201320 14 recommended by that Foundation; a representative of
13211321 15 the Illinois Standardbred Owners and Breeders
13221322 16 Association, recommended by that Association; a
13231323 17 representative of the Horsemen's Benevolent and
13241324 18 Protective Association or any successor organization
13251325 19 thereto established in Illinois comprised of the
13261326 20 largest number of owners and trainers, recommended by
13271327 21 that Association or that successor organization; and a
13281328 22 representative of the Illinois Harness Horsemen's
13291329 23 Association, recommended by that Association.
13301330 24 Committee members shall serve for terms of 2 years,
13311331 25 commencing January 1 of each even-numbered year. If a
13321332 26 representative of any of the above-named entities has
13331333
13341334
13351335
13361336
13371337
13381338 SB1180 - 36 - LRB104 08402 LNS 18453 b
13391339
13401340
13411341 SB1180- 37 -LRB104 08402 LNS 18453 b SB1180 - 37 - LRB104 08402 LNS 18453 b
13421342 SB1180 - 37 - LRB104 08402 LNS 18453 b
13431343 1 not been recommended by January 1 of any even-numbered
13441344 2 year, the Governor shall appoint a committee member to
13451345 3 fill that position. Committee members shall receive no
13461346 4 compensation for their services as members but shall
13471347 5 be reimbursed for all actual and necessary expenses
13481348 6 and disbursements incurred in the performance of their
13491349 7 official duties. The remaining 50% of this
13501350 8 two-sevenths shall be distributed to county fairs for
13511351 9 premiums and rehabilitation as set forth in the
13521352 10 Agricultural Fair Act;
13531353 11 Four-sevenths to museums and aquariums located in
13541354 12 park districts of over 500,000 population; provided
13551355 13 that the monies are distributed in accordance with the
13561356 14 previous year's distribution of the maintenance tax
13571357 15 for such museums and aquariums as provided in Section
13581358 16 2 of the Park District Aquarium and Museum Act; and
13591359 17 One-seventh to the Agricultural Premium Fund to be
13601360 18 used for distribution to agricultural home economics
13611361 19 extension councils in accordance with "An Act in
13621362 20 relation to additional support and finances for the
13631363 21 Agricultural and Home Economic Extension Councils in
13641364 22 the several counties of this State and making an
13651365 23 appropriation therefor", approved July 24, 1967. This
13661366 24 subparagraph (C) shall be inoperative and of no force
13671367 25 and effect on and after January 1, 2000.
13681368 26 (D) Except as provided in paragraph (11) of this
13691369
13701370
13711371
13721372
13731373
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13751375
13761376
13771377 SB1180- 38 -LRB104 08402 LNS 18453 b SB1180 - 38 - LRB104 08402 LNS 18453 b
13781378 SB1180 - 38 - LRB104 08402 LNS 18453 b
13791379 1 subsection (h), with respect to purse allocation from
13801380 2 inter-track wagering, the monies so retained shall be
13811381 3 divided as follows:
13821382 4 (i) If the inter-track wagering licensee,
13831383 5 except an inter-track wagering licensee that
13841384 6 derives its license from an organization licensee
13851385 7 located in a county with a population in excess of
13861386 8 230,000 and bounded by the Mississippi River, is
13871387 9 not conducting its own race meeting during the
13881388 10 same dates, then the entire purse allocation shall
13891389 11 be to purses at the track where the races wagered
13901390 12 on are being conducted.
13911391 13 (ii) If the inter-track wagering licensee,
13921392 14 except an inter-track wagering licensee that
13931393 15 derives its license from an organization licensee
13941394 16 located in a county with a population in excess of
13951395 17 230,000 and bounded by the Mississippi River, is
13961396 18 also conducting its own race meeting during the
13971397 19 same dates, then the purse allocation shall be as
13981398 20 follows: 50% to purses at the track where the
13991399 21 races wagered on are being conducted; 50% to
14001400 22 purses at the track where the inter-track wagering
14011401 23 licensee is accepting such wagers.
14021402 24 (iii) If the inter-track wagering is being
14031403 25 conducted by an inter-track wagering location
14041404 26 licensee, except an inter-track wagering location
14051405
14061406
14071407
14081408
14091409
14101410 SB1180 - 38 - LRB104 08402 LNS 18453 b
14111411
14121412
14131413 SB1180- 39 -LRB104 08402 LNS 18453 b SB1180 - 39 - LRB104 08402 LNS 18453 b
14141414 SB1180 - 39 - LRB104 08402 LNS 18453 b
14151415 1 licensee that derives its license from an
14161416 2 organization licensee located in a county with a
14171417 3 population in excess of 230,000 and bounded by the
14181418 4 Mississippi River, the entire purse allocation for
14191419 5 Illinois races shall be to purses at the track
14201420 6 where the race meeting being wagered on is being
14211421 7 held.
14221422 8 (12) The Board shall have all powers necessary and
14231423 9 proper to fully supervise and control the conduct of
14241424 10 inter-track wagering and simulcast wagering by inter-track
14251425 11 wagering licensees and inter-track wagering location
14261426 12 licensees, including, but not limited to, the following:
14271427 13 (A) The Board is vested with power to promulgate
14281428 14 reasonable rules and regulations for the purpose of
14291429 15 administering the conduct of this wagering and to
14301430 16 prescribe reasonable rules, regulations and conditions
14311431 17 under which such wagering shall be held and conducted.
14321432 18 Such rules and regulations are to provide for the
14331433 19 prevention of practices detrimental to the public
14341434 20 interest and for the best interests of said wagering
14351435 21 and to impose penalties for violations thereof.
14361436 22 (B) The Board, and any person or persons to whom it
14371437 23 delegates this power, is vested with the power to
14381438 24 enter the facilities of any licensee to determine
14391439 25 whether there has been compliance with the provisions
14401440 26 of this Act and the rules and regulations relating to
14411441
14421442
14431443
14441444
14451445
14461446 SB1180 - 39 - LRB104 08402 LNS 18453 b
14471447
14481448
14491449 SB1180- 40 -LRB104 08402 LNS 18453 b SB1180 - 40 - LRB104 08402 LNS 18453 b
14501450 SB1180 - 40 - LRB104 08402 LNS 18453 b
14511451 1 the conduct of such wagering.
14521452 2 (C) The Board, and any person or persons to whom it
14531453 3 delegates this power, may eject or exclude from any
14541454 4 licensee's facilities, any person whose conduct or
14551455 5 reputation is such that his presence on such premises
14561456 6 may, in the opinion of the Board, call into the
14571457 7 question the honesty and integrity of, or interfere
14581458 8 with the orderly conduct of such wagering; provided,
14591459 9 however, that no person shall be excluded or ejected
14601460 10 from such premises solely on the grounds of race,
14611461 11 color, creed, national origin, ancestry, or sex.
14621462 12 (D) (Blank).
14631463 13 (E) The Board is vested with the power to appoint
14641464 14 delegates to execute any of the powers granted to it
14651465 15 under this Section for the purpose of administering
14661466 16 this wagering and any rules and regulations
14671467 17 promulgated in accordance with this Act.
14681468 18 (F) The Board shall name and appoint a State
14691469 19 director of this wagering who shall be a
14701470 20 representative of the Board and whose duty it shall be
14711471 21 to supervise the conduct of inter-track wagering as
14721472 22 may be provided for by the rules and regulations of the
14731473 23 Board; such rules and regulation shall specify the
14741474 24 method of appointment and the Director's powers,
14751475 25 authority and duties. The Board may appoint the
14761476 26 Director of Mutuels to also serve as the State
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14871487 1 director of this wagering.
14881488 2 (G) The Board is vested with the power to impose
14891489 3 civil penalties of up to $5,000 against individuals
14901490 4 and up to $10,000 against licensees for each violation
14911491 5 of any provision of this Act relating to the conduct of
14921492 6 this wagering, any rules adopted by the Board, any
14931493 7 order of the Board or any other action which in the
14941494 8 Board's discretion, is a detriment or impediment to
14951495 9 such wagering.
14961496 10 (13) The Department of Agriculture may enter into
14971497 11 agreements with licensees authorizing such licensees to
14981498 12 conduct inter-track wagering on races to be held at the
14991499 13 licensed race meetings conducted by the Department of
15001500 14 Agriculture. Such agreement shall specify the races of the
15011501 15 Department of Agriculture's licensed race meeting upon
15021502 16 which the licensees will conduct wagering. In the event
15031503 17 that a licensee conducts inter-track pari-mutuel wagering
15041504 18 on races from the Illinois State Fair or DuQuoin State
15051505 19 Fair which are in addition to the licensee's previously
15061506 20 approved racing program, those races shall be considered a
15071507 21 separate racing day for the purpose of determining the
15081508 22 daily handle and computing the privilege or pari-mutuel
15091509 23 tax on that daily handle as provided in Sections 27 and
15101510 24 27.1. Such agreements shall be approved by the Board
15111511 25 before such wagering may be conducted. In determining
15121512 26 whether to grant approval, the Board shall give due
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15231523 1 consideration to the best interests of the public and of
15241524 2 horse racing. The provisions of paragraphs (1), (8),
15251525 3 (8.1), and (8.2) of subsection (h) of this Section which
15261526 4 are not specified in this paragraph (13) shall not apply
15271527 5 to licensed race meetings conducted by the Department of
15281528 6 Agriculture at the Illinois State Fair in Sangamon County
15291529 7 or the DuQuoin State Fair in Perry County, or to any
15301530 8 wagering conducted on those race meetings.
15311531 9 (14) An inter-track wagering location license
15321532 10 authorized by the Board in 2016 that is owned and operated
15331533 11 by a race track in Rock Island County shall be transferred
15341534 12 to a commonly owned race track in Cook County on August 12,
15351535 13 2016 (the effective date of Public Act 99-757). The
15361536 14 licensee shall retain its status in relation to purse
15371537 15 distribution under paragraph (11) of this subsection (h)
15381538 16 following the transfer to the new entity. The pari-mutuel
15391539 17 tax credit under Section 32.1 shall not be applied toward
15401540 18 any pari-mutuel tax obligation of the inter-track wagering
15411541 19 location licensee of the license that is transferred under
15421542 20 this paragraph (14).
15431543 21 (i) Notwithstanding the other provisions of this Act, the
15441544 22 conduct of wagering at wagering facilities is authorized on
15451545 23 all days, except as limited by subsection (b) of Section 19 of
15461546 24 this Act.
15471547 25 (Source: P.A. 101-31, eff. 6-28-19; 101-52, eff. 7-12-19;
15481548 26 101-81, eff. 7-12-19; 101-109, eff. 7-19-19; 102-558, eff.
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15591559 1 8-20-21; 102-813, eff. 5-13-22.)
15601560 2 (230 ILCS 5/27) (from Ch. 8, par. 37-27)
15611561 3 Sec. 27. (a) In addition to the organization license fee
15621562 4 provided by this Act, until January 1, 2000, a graduated
15631563 5 privilege tax is hereby imposed for conducting the pari-mutuel
15641564 6 system of wagering permitted under this Act. Until January 1,
15651565 7 2000, except as provided in subsection (g) of Section 27 of
15661566 8 this Act, all of the breakage of each racing day held by any
15671567 9 licensee in the State shall be paid to the State. Until January
15681568 10 1, 2000, such daily graduated privilege tax shall be paid by
15691569 11 the licensee from the amount permitted to be retained under
15701570 12 this Act. Until January 1, 2000, each day's graduated
15711571 13 privilege tax, breakage, and Horse Racing Tax Allocation funds
15721572 14 shall be remitted to the Department of Revenue within 48 hours
15731573 15 after the close of the racing day upon which it is assessed or
15741574 16 within such other time as the Board prescribes. The privilege
15751575 17 tax hereby imposed, until January 1, 2000, shall be a flat tax
15761576 18 at the rate of 2% of the daily pari-mutuel handle except as
15771577 19 provided in Section 27.1.
15781578 20 In addition, every organization licensee, except as
15791579 21 provided in Section 27.1 of this Act, which conducts multiple
15801580 22 wagering shall pay, until January 1, 2000, as a privilege tax
15811581 23 on multiple wagers an amount equal to 1.25% of all moneys
15821582 24 wagered each day on such multiple wagers, plus an additional
15831583 25 amount equal to 3.5% of the amount wagered each day on any
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15941594 1 other multiple wager which involves a single betting interest
15951595 2 on 3 or more horses. The licensee shall remit the amount of
15961596 3 such taxes to the Department of Revenue within 48 hours after
15971597 4 the close of the racing day on which it is assessed or within
15981598 5 such other time as the Board prescribes.
15991599 6 This subsection (a) shall be inoperative and of no force
16001600 7 and effect on and after January 1, 2000.
16011601 8 (a-5) Beginning on January 1, 2000, a flat pari-mutuel tax
16021602 9 at the rate of 1.5% of the daily pari-mutuel handle is imposed
16031603 10 at all pari-mutuel wagering facilities and on advance deposit
16041604 11 wagering from a location other than a wagering facility,
16051605 12 except as otherwise provided for in this subsection (a-5). In
16061606 13 addition to the pari-mutuel tax imposed on advance deposit
16071607 14 wagering pursuant to this subsection (a-5), beginning on
16081608 15 August 24, 2012 (the effective date of Public Act 97-1060), an
16091609 16 additional pari-mutuel tax at the rate of 0.25% shall be
16101610 17 imposed on advance deposit wagering. Until August 25, 2012,
16111611 18 the additional 0.25% pari-mutuel tax imposed on advance
16121612 19 deposit wagering by Public Act 96-972 shall be deposited into
16131613 20 the Quarter Horse Purse Fund, which shall be created as a
16141614 21 non-appropriated trust fund administered by the Board for
16151615 22 distribution grants to thoroughbred organization licensees for
16161616 23 payment of purses for quarter horse races conducted by the
16171617 24 organization licensee. Beginning on August 26, 2012, the
16181618 25 additional 0.25% pari-mutuel tax imposed on advance deposit
16191619 26 wagering shall be deposited into the Standardbred Purse Fund,
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16301630 1 which shall be created as a non-appropriated trust fund
16311631 2 administered by the Board, for grants to the standardbred
16321632 3 organization licensees for payment of purses for standardbred
16331633 4 horse races conducted by the organization licensee.
16341634 5 Thoroughbred organization licensees may petition the Board to
16351635 6 conduct quarter horse racing and receive purse grants from the
16361636 7 Quarter Horse Purse Fund. The Board shall have complete
16371637 8 discretion in distributing the Quarter Horse Purse Fund to the
16381638 9 petitioning organization licensees. Beginning on July 26, 2010
16391639 10 (the effective date of Public Act 96-1287), a pari-mutuel tax
16401640 11 at the rate of 0.75% of the daily pari-mutuel handle is imposed
16411641 12 at a pari-mutuel facility whose license is derived from a
16421642 13 track located in a county that borders the Mississippi River
16431643 14 and conducted live racing in the previous year. The
16441644 15 pari-mutuel tax imposed by this subsection (a-5) shall be
16451645 16 remitted to the Board Department of Revenue within 48 hours
16461646 17 after the close of the racing day upon which it is assessed or
16471647 18 within such other time as the Board prescribes.
16481648 19 (a-10) Beginning on the date when an organization licensee
16491649 20 begins conducting gaming pursuant to an organization gaming
16501650 21 license, the following pari-mutuel tax is imposed upon an
16511651 22 organization licensee on Illinois races at the licensee's
16521652 23 racetrack:
16531653 24 1.5% of the pari-mutuel handle at or below the average
16541654 25 daily pari-mutuel handle for 2011.
16551655 26 2% of the pari-mutuel handle above the average daily
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16661666 1 pari-mutuel handle for 2011 up to 125% of the average
16671667 2 daily pari-mutuel handle for 2011.
16681668 3 2.5% of the pari-mutuel handle 125% or more above the
16691669 4 average daily pari-mutuel handle for 2011 up to 150% of
16701670 5 the average daily pari-mutuel handle for 2011.
16711671 6 3% of the pari-mutuel handle 150% or more above the
16721672 7 average daily pari-mutuel handle for 2011 up to 175% of
16731673 8 the average daily pari-mutuel handle for 2011.
16741674 9 3.5% of the pari-mutuel handle 175% or more above the
16751675 10 average daily pari-mutuel handle for 2011.
16761676 11 The pari-mutuel tax imposed by this subsection (a-10)
16771677 12 shall be remitted to the Board within 48 hours after the close
16781678 13 of the racing day upon which it is assessed or within such
16791679 14 other time as the Board prescribes.
16801680 15 (b) On or before December 31, 1999, in the event that any
16811681 16 organization licensee conducts 2 separate programs of races on
16821682 17 any day, each such program shall be considered a separate
16831683 18 racing day for purposes of determining the daily handle and
16841684 19 computing the privilege tax on such daily handle as provided
16851685 20 in subsection (a) of this Section.
16861686 21 (c) Licensees shall at all times keep accurate books and
16871687 22 records of all monies wagered on each day of a race meeting and
16881688 23 of the taxes paid to the Board Department of Revenue under the
16891689 24 provisions of this Section. The Board or its duly authorized
16901690 25 representative or representatives shall at all reasonable
16911691 26 times have access to such records for the purpose of examining
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17021702 1 and checking the same and ascertaining whether the proper
17031703 2 amount of taxes is being paid as provided. The Board shall
17041704 3 require verified reports and a statement of the total of all
17051705 4 monies wagered daily at each wagering facility upon which the
17061706 5 taxes are assessed and may prescribe forms upon which such
17071707 6 reports and statement shall be made.
17081708 7 (d) Before a license is issued or re-issued, the licensee
17091709 8 shall post a bond in the sum of $500,000 to the State of
17101710 9 Illinois. The bond shall be used to guarantee that the
17111711 10 licensee faithfully makes the payments, keeps the books and
17121712 11 records, makes reports, and conducts games of chance in
17131713 12 conformity with this Act and the rules adopted by the Board.
17141714 13 The bond shall not be canceled by a surety on less than 30
17151715 14 days' notice in writing to the Board. If a bond is canceled and
17161716 15 the licensee fails to file a new bond with the Board in the
17171717 16 required amount on or before the effective date of
17181718 17 cancellation, the licensee's license shall be revoked. The
17191719 18 total and aggregate liability of the surety on the bond is
17201720 19 limited to the amount specified in the bond.
17211721 20 (e) No other license fee, privilege tax, excise tax, or
17221722 21 racing fee, except as provided in this Act, shall be assessed
17231723 22 or collected from any such licensee by the State.
17241724 23 (f) No other license fee, privilege tax, excise tax or
17251725 24 racing fee shall be assessed or collected from any such
17261726 25 licensee by units of local government except as provided in
17271727 26 paragraph 10.1 of subsection (h) and subsection (f) of Section
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17381738 1 26 of this Act. However, any municipality that has a Board
17391739 2 licensed horse race meeting at a race track wholly within its
17401740 3 corporate boundaries or a township that has a Board licensed
17411741 4 horse race meeting at a race track wholly within the
17421742 5 unincorporated area of the township may charge a local
17431743 6 amusement tax not to exceed 10 per admission to such horse
17441744 7 race meeting by the enactment of an ordinance. However, any
17451745 8 municipality or county that has a Board licensed inter-track
17461746 9 wagering location facility wholly within its corporate
17471747 10 boundaries may each impose an admission fee not to exceed
17481748 11 $1.00 per admission to such inter-track wagering location
17491749 12 facility, so that a total of not more than $2.00 per admission
17501750 13 may be imposed. Except as provided in subparagraph (g) of
17511751 14 Section 27 of this Act, the inter-track wagering location
17521752 15 licensee shall collect any and all such fees. Inter-track
17531753 16 wagering location licensees must pay the admission fees
17541754 17 required under this subsection (f) to the municipality and
17551755 18 county no later than the 20th of the month following the month
17561756 19 such admission fees were imposed.
17571757 20 (g) Notwithstanding any provision in this Act to the
17581758 21 contrary, if in any calendar year the total taxes and fees from
17591759 22 wagering on live racing and from inter-track wagering required
17601760 23 to be collected from licensees and distributed under this Act
17611761 24 to all State and local governmental authorities exceeds the
17621762 25 amount of such taxes and fees distributed to each State and
17631763 26 local governmental authority to which each State and local
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17741774 1 governmental authority was entitled under this Act for
17751775 2 calendar year 1994, then the first $11 million of that excess
17761776 3 amount shall be allocated at the earliest possible date for
17771777 4 distribution as purse money for the succeeding calendar year.
17781778 5 Upon reaching the 1994 level, and until the excess amount of
17791779 6 taxes and fees exceeds $11 million, the Board shall direct all
17801780 7 licensees to cease paying the subject taxes and fees and the
17811781 8 Board shall direct all licensees to allocate any such excess
17821782 9 amount for purses as follows:
17831783 10 (i) the excess amount shall be initially divided
17841784 11 between thoroughbred and standardbred purses based on the
17851785 12 thoroughbred's and standardbred's respective percentages
17861786 13 of total Illinois live wagering in calendar year 1994;
17871787 14 (ii) each thoroughbred and standardbred organization
17881788 15 licensee issued an organization licensee in that
17891789 16 succeeding allocation year shall be allocated an amount
17901790 17 equal to the product of its percentage of total Illinois
17911791 18 live thoroughbred or standardbred wagering in calendar
17921792 19 year 1994 (the total to be determined based on the sum of
17931793 20 1994 on-track wagering for all organization licensees
17941794 21 issued organization licenses in both the allocation year
17951795 22 and the preceding year) multiplied by the total amount
17961796 23 allocated for standardbred or thoroughbred purses,
17971797 24 provided that the first $1,500,000 of the amount allocated
17981798 25 to standardbred purses under item (i) shall be allocated
17991799 26 to the Department of Agriculture to be expended with the
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18101810 1 assistance and advice of the Illinois Standardbred
18111811 2 Breeders Funds Advisory Board for the purposes listed in
18121812 3 subsection (g) of Section 31 of this Act, before the
18131813 4 amount allocated to standardbred purses under item (i) is
18141814 5 allocated to standardbred organization licensees in the
18151815 6 succeeding allocation year.
18161816 7 To the extent the excess amount of taxes and fees to be
18171817 8 collected and distributed to State and local governmental
18181818 9 authorities exceeds $11 million, that excess amount shall be
18191819 10 collected and distributed to State and local authorities as
18201820 11 provided for under this Act.
18211821 12 (Source: P.A. 101-31, eff. 6-28-19; 101-52, eff. 7-12-19;
18221822 13 102-558, eff. 8-20-21.)
18231823 14 (230 ILCS 5/28.1)
18241824 15 Sec. 28.1. Payments.
18251825 16 (a) Beginning on January 1, 2000, moneys collected by the
18261826 17 Department of Revenue and the Racing Board pursuant to Section
18271827 18 26 or Section 27 of this Act shall be deposited into the Horse
18281828 19 Racing Fund, which is hereby created as a special fund in the
18291829 20 State Treasury.
18301830 21 (b) Appropriations, as approved by the General Assembly,
18311831 22 may be made from the Horse Racing Fund to the Board to pay the
18321832 23 salaries of the Board members, secretary, stewards, directors
18331833 24 of mutuels, veterinarians, representatives, accountants,
18341834 25 clerks, stenographers, inspectors and other employees of the
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18451845 1 Board, and all expenses of the Board incident to the
18461846 2 administration of this Act, including, but not limited to, all
18471847 3 expenses and salaries incident to the taking of saliva and
18481848 4 urine samples in accordance with the rules and regulations of
18491849 5 the Board.
18501850 6 (c) (Blank).
18511851 7 (d) Beginning January 1, 2000, payments to all programs in
18521852 8 existence on the effective date of this amendatory Act of 1999
18531853 9 that are identified in Sections 26(c), 26(f), 26(h)(11)(C),
18541854 10 and 28, subsections (a), (b), (c), (d), (e), (f), (g), and (h)
18551855 11 of Section 30, and subsections (a), (b), (c), (d), (e), (f),
18561856 12 (g), and (h) of Section 31 shall be made from the General
18571857 13 Revenue Fund at the funding levels determined by amounts paid
18581858 14 under this Act in calendar year 1998. Beginning on the
18591859 15 effective date of this amendatory Act of the 93rd General
18601860 16 Assembly, payments to the Peoria Park District shall be made
18611861 17 from the General Revenue Fund at the funding level determined
18621862 18 by amounts paid to that park district for museum purposes
18631863 19 under this Act in calendar year 1994.
18641864 20 If an inter-track wagering location licensee's facility
18651865 21 changes its location, then the payments associated with that
18661866 22 facility under this subsection (d) for museum purposes shall
18671867 23 be paid to the park district in the area where the facility
18681868 24 relocates, and the payments shall be used for museum purposes.
18691869 25 If the facility does not relocate to a park district, then the
18701870 26 payments shall be paid to the taxing district that is
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18811881 1 responsible for park or museum expenditures.
18821882 2 (e) Beginning July 1, 2006, the payment authorized under
18831883 3 subsection (d) to museums and aquariums located in park
18841884 4 districts of over 500,000 population shall be paid to museums,
18851885 5 aquariums, and zoos in amounts determined by Museums in the
18861886 6 Park, an association of museums, aquariums, and zoos located
18871887 7 on Chicago Park District property.
18881888 8 (f) Beginning July 1, 2007, the Children's Discovery
18891889 9 Museum in Normal, Illinois shall receive payments from the
18901890 10 General Revenue Fund at the funding level determined by the
18911891 11 amounts paid to the Miller Park Zoo in Bloomington, Illinois
18921892 12 under this Section in calendar year 2006.
18931893 13 (g) On July 3, 2024, the Comptroller shall order
18941894 14 transferred and the Treasurer shall transfer $3,200,000 from
18951895 15 the Horse Racing Fund to the Horse Racing Purse Equity Fund.
18961896 16 (Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 7-1-23;
18971897 17 103-588, eff. 7-1-24.)
18981898 18 (230 ILCS 5/31.1) (from Ch. 8, par. 37-31.1)
18991899 19 Sec. 31.1. (a) Unless subsection (a-5) applies,
19001900 20 organization licensees collectively shall contribute annually
19011901 21 to charity the sum of $750,000 to non-profit organizations
19021902 22 that provide medical and family, counseling, and similar
19031903 23 services to persons who reside or work on the backstretch of
19041904 24 Illinois racetracks. Unless subsection (a-5) applies, these
19051905 25 contributions shall be collected as follows: (i) no later than
19061906
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19161916 1 July 1st of each year the Board shall assess each organization
19171917 2 licensee, except those tracks located in Madison County, which
19181918 3 tracks shall pay $30,000 annually apiece into the Board
19191919 4 charity fund, that amount which equals $690,000 multiplied by
19201920 5 the amount of pari-mutuel wagering handled by the organization
19211921 6 licensee in the year preceding assessment and divided by the
19221922 7 total pari-mutuel wagering handled by all Illinois
19231923 8 organization licensees, except those tracks located in Madison
19241924 9 and Rock Island counties, in the year preceding assessment;
19251925 10 (ii) notice of the assessed contribution shall be mailed to
19261926 11 each organization licensee; (iii) within thirty days of its
19271927 12 receipt of such notice, each organization licensee shall remit
19281928 13 the assessed contribution to the Board. Unless subsection
19291929 14 (a-5) applies, if an organization licensee commences operation
19301930 15 of gaming at its facility pursuant to an organization gaming
19311931 16 license under the Illinois Gambling Act, then the organization
19321932 17 licensee shall contribute an additional $83,000 per year
19331933 18 beginning in the year subsequent to the first year in which the
19341934 19 organization licensee begins receiving funds from gaming
19351935 20 pursuant to an organization gaming license. If an organization
19361936 21 licensee wilfully fails to so remit the contribution, the
19371937 22 Board may revoke its license to conduct horse racing.
19381938 23 (a-5) If (1) an organization licensee that did not operate
19391939 24 live racing in 2017 is awarded racing dates in 2018 or in any
19401940 25 subsequent year and (2) all organization licensees are
19411941 26 operating gaming pursuant to an organization gaming license
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19521952 1 under the Illinois Gambling Act, then subsection (a) does not
19531953 2 apply and organization licensees collectively shall contribute
19541954 3 annually to charity the sum of $1,000,000 to non-profit
19551955 4 organizations that provide medical and family, counseling, and
19561956 5 similar services to persons who reside or work on the
19571957 6 backstretch of Illinois racetracks. These contributions shall
19581958 7 be collected as follows: (i) no later than July 1st of each
19591959 8 year the Board shall assess each organization licensee an
19601960 9 amount based on the proportionate amount of live racing days
19611961 10 in the calendar year for which the Board has awarded to the
19621962 11 organization licensee out of the total aggregate number of
19631963 12 live racing days awarded; (ii) notice of the assessed
19641964 13 contribution shall be mailed to each organization licensee;
19651965 14 (iii) within 30 days after its receipt of such notice, each
19661966 15 organization licensee shall remit the assessed contribution to
19671967 16 the Board. If an organization licensee willfully fails to so
19681968 17 remit the contribution, the Board may revoke its license to
19691969 18 conduct horse racing.
19701970 19 (b) No later than October 1st of each year, any qualified
19711971 20 charitable organization seeking an allotment of contributed
19721972 21 funds shall submit to the Board an application for those
19731973 22 funds, using the Board's approved form. The No later than
19741974 23 December 31st of each year, the Board shall distribute all
19751975 24 such amounts collected that year to such charitable
19761976 25 organization applicants on a schedule determined by the Board,
19771977 26 based on the charitable organization's estimated expenditures
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19881988 1 related to this grant. Any funds not expended by the grantee in
19891989 2 a grant year shall be distributed to the charitable
19901990 3 organization or charitable organizations selected in the next
19911991 4 grant year after the funds are recovered in addition to the
19921992 5 amounts specified in subsections (a) and (a-5).
19931993 6 (Source: P.A. 101-31, eff. 6-28-19.)
19941994 7 (230 ILCS 5/15.1 rep.)
19951995 8 (230 ILCS 5/34.3 rep.)
19961996 9 Section 10. The Illinois Horse Racing Act of 1975 is
19971997 10 amended by repealing Sections 15.1 and 34.3.
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