Full Text of HB4758 95th General Assembly
HB4758eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning gaming.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Illinois State Fairgrounds Racetrack Authority Act.
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| Section 5. Definitions.
As used in this Act: | 7 |
| "Authority" means the Illinois State Fairgrounds Racetrack | 8 |
| Authority created by this
Act.
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| "Racing contractor" means any person or entity selected by | 10 |
| the Authority and approved by the Illinois Racing Board to | 11 |
| manage and operate the race meets and racing facility within | 12 |
| the Illinois State Fairgrounds pursuant to a contract.
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| "Executive director" means the person appointed by the | 14 |
| Board to oversee the
daily operations of the Authority.
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| Section 10. Creation of the Authority. There is hereby | 16 |
| created a political subdivision, unit of local government with | 17 |
| only the powers authorized by law, body politic, and municipal | 18 |
| corporation, by the name and style of the Illinois State | 19 |
| Fairgrounds Racetrack Authority. | 20 |
| Section 15. Duties of the Authority. It shall be the duty | 21 |
| of the Authority to promote, operate, and maintain horse racing |
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| operations through a racing contractor in the Illinois State | 2 |
| Fairgrounds as provided in this Act. The Authority shall equip | 3 |
| and maintain the fairgrounds and its buildings and facilities | 4 |
| for that purpose. The Authority has the right to contract with | 5 |
| a racing contractor and other third parties in order to fulfill | 6 |
| its purpose. The Authority is granted all rights and powers | 7 |
| necessary to perform such duties. | 8 |
| Section 20. Board. | 9 |
| (a) The governing and administrative powers of the | 10 |
| Authority is vested in a body consisting of 7 members, 2 of | 11 |
| which shall be appointed by the Chairman of the Sangamon County | 12 |
| Board with the advice and consent of the Sangamon County Board, | 13 |
| one of whom is appointed for an initial term of one year, and | 14 |
| one of whom is appointed for an initial term of 3 years; 2 of | 15 |
| which shall be appointed by the Mayor of the City of | 16 |
| Springfield with the advice and consent of the city council, | 17 |
| one of whom is appointed for an initial term of one year, and | 18 |
| one of whom is appointed for an initial term of 3 years; 2 of | 19 |
| which shall be appointed by the Director of the Department of | 20 |
| Agriculture, one for an initial term of one year and one for an | 21 |
| initial term of 3 years; and one of which shall be appointed by | 22 |
| the Chairman of the Sangamon County Emergency Telephone Systems | 23 |
| Board for an initial term of 3 years. All appointees shall be | 24 |
| subject to approval by the Illinois Racing Board. The Chairman | 25 |
| of the Authority shall be elected annually by the Board.
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| (b) All successors shall hold office for a term of 5 years, | 2 |
| except in the case of an appointment to fill a vacancy. Each | 3 |
| member, including the chairperson, shall hold office until the | 4 |
| expiration of his or her term and until his or her successor is | 5 |
| appointed and qualified. Nothing shall preclude a member from | 6 |
| serving consecutive terms. Any member may resign from office, | 7 |
| to take effect when a successor has been appointed and | 8 |
| qualified. A vacancy in office shall occur in the case of a | 9 |
| member's death or indictment, conviction, or plea of guilty to | 10 |
| a felony. A vacancy shall be filled for the unexpired term with | 11 |
| the approval of the Illinois Racing Board. | 12 |
| (c) The appointing officer or the Illinois Racing Board may | 13 |
| remove any member of the Board upon a finding of incompetence, | 14 |
| neglect of duty, or misfeasance or malfeasance in office or for | 15 |
| a violation of this Act. The Illinois Racing Board may remove | 16 |
| any member of the Board for any violation of the Illinois Horse | 17 |
| Racing Act of 1975 or the rules and regulations of the Illinois | 18 |
| Racing Board. | 19 |
| (d) Board members shall receive $300 for each day it meets | 20 |
| and
shall be entitled to reimbursement of reasonable expenses | 21 |
| incurred in the
performance of their official duties. A Board | 22 |
| member who serves in the office
of secretary-treasurer may also | 23 |
| receive compensation for services provided
as that officer. | 24 |
| (e) The Board shall prescribe the time and place for | 25 |
| meetings, the manner in which special meetings may be called, | 26 |
| and the notice that must be given to members. All actions and |
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| meetings of the Board shall be subject to the provisions of the | 2 |
| Open Meetings Act. Four members of the Board shall constitute a | 3 |
| quorum. All substantive action of the Board shall be by | 4 |
| resolution with an affirmative vote of a majority of the | 5 |
| members.
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| Section 25. Executive director; officers. | 7 |
| (a) The Authority shall appoint
an executive director, | 8 |
| after the completion of a background investigation and approval | 9 |
| by the Illinois Racing Board, who shall be the chief executive | 10 |
| officer of the
Authority. The Board shall fix the compensation | 11 |
| of the executive director.
Subject to the general control of | 12 |
| the Board, the executive director shall be
responsible for the | 13 |
| management of the business, properties, and
employees of the | 14 |
| Authority. The executive director shall direct the
enforcement | 15 |
| of all resolutions, rules, and regulations of the Board, and | 16 |
| shall
perform such other duties as may be prescribed from
time | 17 |
| to time by the Board. All employees and independent | 18 |
| contractors,
consultants, engineers, architects, accountants, | 19 |
| attorneys, financial experts,
construction experts and | 20 |
| personnel, superintendents, managers, and other
personnel | 21 |
| appointed or employed pursuant to this Act shall
report to the | 22 |
| executive director. In addition to any other duties set forth | 23 |
| in
this Act, the executive director shall do all of the | 24 |
| following:
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| (1) Direct and supervise the administrative affairs |
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| and activities of the
Authority in accordance with its | 2 |
| rules, regulations, and policies.
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| (2) Attend meetings of the Board.
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| (3) Keep minutes of all proceedings of the Board.
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| (4) Approve all accounts for salaries, per diem | 6 |
| payments, and allowable
expenses of the Board and its | 7 |
| employees and consultants.
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| (5) Report and make recommendations to the Board | 9 |
| concerning the terms and
conditions of any contract with a | 10 |
| horse racing contractor.
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| (6) Perform any other duty that the Board requires for | 12 |
| carrying out the
provisions of this Act.
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| (7) Devote his or her full time to the duties of the | 14 |
| office and not hold
any other office or employment.
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| (b) The Board may select a secretary-treasurer to hold | 16 |
| office at the pleasure of the Board. The Board
shall fix the | 17 |
| duties of such officer.
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| Section 30. General rights and powers of the Authority. In | 19 |
| addition to the duties and powers set forth in this Act, the | 20 |
| Authority shall have the following rights and powers: | 21 |
| (1) Transition the conduct of horse racing at the | 22 |
| Illinois State Fairgrounds from an annual race meeting that | 23 |
| is contained within the duration of the Illinois State Fair | 24 |
| to an annual standardbred race meeting that lasts from 3 to | 25 |
| 9 months, depending on funding and market conditions. |
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| (2) Adopt and alter an official seal. | 2 |
| (3) Establish and change its fiscal year. | 3 |
| (4) Sue and be sued, plead and be impleaded, all in its | 4 |
| own name, and agree to binding arbitration of any dispute | 5 |
| to which it is a party. | 6 |
| (5) Adopt, amend, and repeal by-laws, rules, and | 7 |
| regulations consistent with the furtherance of the powers | 8 |
| and duties provided for. | 9 |
| (6) Maintain its principal office and such other | 10 |
| offices as the Board may designate. | 11 |
| (7) Conduct background investigations of potential | 12 |
| racing contractors, including its principals or | 13 |
| shareholders, and Authority staff. | 14 |
| (8) Employ, either as regular employees or independent | 15 |
| contractors, consultants, engineers, architects, | 16 |
| accountants, attorneys, financial experts, construction | 17 |
| experts and personnel, superintendents, managers and other | 18 |
| professional personnel, and such other personnel as may be | 19 |
| necessary in the judgment of the Board, and fix their | 20 |
| compensation. | 21 |
| (9) Operate and maintain grounds, buildings, and | 22 |
| facilities to carry out its corporate purposes and duties. | 23 |
| (10) Enter into, revoke, and modify contracts. | 24 |
| (11) Enter into a contract with a racing contractor. | 25 |
| (12) Develop, or cause to be developed by a third | 26 |
| party, a master plan for development of horse racing at the |
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| Illinois State Fairgrounds. | 2 |
| (13) Negotiate and enter into intergovernmental | 3 |
| agreements with the State and its agencies and units of | 4 |
| local government in furtherance of the powers and duties of | 5 |
| the Board, including with the Department of Agriculture for | 6 |
| the use of facilities in compliance with the State Fair | 7 |
| Act. | 8 |
| (14) Receive and disburse funds for its own corporate | 9 |
| purposes or as otherwise specified in this Act. | 10 |
| (15) Borrow money from any source, public or private, | 11 |
| for any corporate purpose, including, without limitation, | 12 |
| working capital for its operations, reserve funds, or | 13 |
| payment of interest, and to mortgage, pledge, or otherwise | 14 |
| encumber the property or funds of the Authority and to | 15 |
| contract with or engage the services of any person in | 16 |
| connection with any financing, including financial | 17 |
| institutions, issuers of letters of credit, or insurers and | 18 |
| enter into reimbursement agreements with this person or | 19 |
| entity which may be secured as if money were borrowed from | 20 |
| the person or entity. | 21 |
| (16) Receive and accept from any source, private or | 22 |
| public, contributions, gifts, or grants of money or | 23 |
| property to the Authority. | 24 |
| (17) Provide for the insurance of any property, | 25 |
| operations, officers, members, agents, or employees of the | 26 |
| Authority against any risk or hazard, to self-insure or |
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| participate in joint self-insurance pools or entities to | 2 |
| insure against such risk or hazard, and to provide for the | 3 |
| indemnification of its officers, members, employees, | 4 |
| contractors, or agents against any and all risks. | 5 |
| (18) Exercise all the corporate powers granted | 6 |
| Illinois corporations under the Business Corporation Act | 7 |
| of 1983, except to the extent that powers are inconsistent | 8 |
| with those of a body politic and corporate of the State. | 9 |
| (19) Do all things necessary or convenient to carry out | 10 |
| the powers granted by this Act.
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| Section 35. Contracts with racing contractors. | 12 |
| (a) The Board shall develop and administer a competitive | 13 |
| sealed bidding process
for the
selection of a potential racing | 14 |
| contractor to develop or operate horse racing at the Illinois | 15 |
| State Fairgrounds.
The Board shall issue one or more requests | 16 |
| for proposals. The Board may
establish minimum financial and | 17 |
| investment requirements to determine the
eligibility of | 18 |
| persons to respond to the Board's requests for proposal, and | 19 |
| may
establish and consider such other criteria as it deems | 20 |
| appropriate. The Board
may impose a fee upon persons who | 21 |
| respond to requests for proposal, in order to
reimburse the | 22 |
| Board for its costs in preparing and issuing the requests and
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| reviewing the proposals.
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| (b) The Board may enter into contracts for the development | 25 |
| of horse racing at the Illinois State Fairgrounds, provided |
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| that no such contract shall encumber the Department of | 2 |
| Agriculture.
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| (c) Within 5 days after the time limit for submitting bids | 4 |
| and proposals has passed, the Board shall make all bids and | 5 |
| proposals public. Thereafter, the Board shall evaluate the | 6 |
| responses to its requests for proposal and
the ability of all | 7 |
| persons or entities responding to its request for proposal
to | 8 |
| meet the requirements of this Act and to undertake and perform | 9 |
| the
obligations set forth in its requests for proposal.
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| (d) After reviewing proposals and subject to approval by | 11 |
| the Illinois Racing Board, the Board shall enter into a | 12 |
| contract. If the Illinois Racing Board approves the contract, | 13 |
| the Board shall transmit a copy of the executed contract to the | 14 |
| Illinois Racing Board.
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| Section 37. Relationship with Illinois Racing Board. The | 16 |
| Authority and its racing contractor are subject to the Illinois | 17 |
| Horse Racing Act of 1975 and all of the rules of the Illinois | 18 |
| Racing Board. | 19 |
| Section 40. Transfer of funds. The revenues received by | 20 |
| the Authority (other than amounts required to be paid pursuant | 21 |
| to the Illinois Horse Racing Act of 1975 and amounts required | 22 |
| to pay the
operating expenses of the Authority, to pay amounts | 23 |
| due the racing contractor pursuant to a contract, and to repay | 24 |
| any borrowing of the Authority
made pursuant to Section 30) |
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| shall be distributed as follows: 66 2/3% shall be paid to the | 2 |
| Department of Agriculture for deposit into the State | 3 |
| Fairgrounds Infrastructure Improvement Fund and 33 1/3% shall | 4 |
| be paid into the Sangamon County Dispatch Fund.
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| Section 45. Jurisdiction over property. The Authority | 6 |
| shall have concurrent jurisdiction with the Department of | 7 |
| Agriculture over all of the real estate of the Illinois State | 8 |
| Fairgrounds that is used for horse racing, including those | 9 |
| facilities commonly known as "one-mile track" and adjacent | 10 |
| backstretch infrastructure; however, when it is necessary to | 11 |
| have controlling jurisdiction over the operation of the | 12 |
| property to obey a mandate of the Illinois Racing Board, the | 13 |
| Authority shall have controlling jurisdiction, except that no | 14 |
| such compliance by the Authority to any mandate imposed by the | 15 |
| Racing Board shall impose any budgetary expense upon the | 16 |
| Department of Agriculture. No substantial changes may be made | 17 |
| to the infrastructure of the Illinois State Fairgrounds unless | 18 |
| the Director of Agriculture grants affirmative approval for the | 19 |
| changes. | 20 |
| Section 50. Budgets and reporting.
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| (a) The Board shall annually adopt a budget for each
fiscal | 22 |
| year. The budget may be modified from time to time in the same | 23 |
| manner
and upon the same vote as it may be adopted. The budget | 24 |
| shall include the
Authority's available funds and estimated |
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| revenues and shall provide for
payment of its obligations and | 2 |
| estimated expenditures for the fiscal year,
including, without | 3 |
| limitation, expenditures for administration, operation,
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| maintenance and repairs, debt service, and deposits into | 5 |
| reserve and other
funds
and capital projects.
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| (b) The Board shall annually cause the finances of the | 7 |
| Authority to be
audited by a firm of certified public | 8 |
| accountants and post the firm's audits of the Authority on the | 9 |
| Authority's Internet website. The Auditor General has the | 10 |
| authority and is required to conduct a financial and management | 11 |
| audit of the Authority every 2 years. The Auditor General's | 12 |
| audits must be posted on his or her Internet website. The | 13 |
| Auditor General shall submit a bill to the Authority for costs | 14 |
| associated with the audits required under this Section. The | 15 |
| Authority shall reimburse in a timely manner.
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| (c) The Board shall, for each fiscal year, prepare an | 17 |
| annual report
setting forth information concerning its | 18 |
| activities in the fiscal year. The annual report shall include | 19 |
| the
audited financial statements of the Authority for the | 20 |
| fiscal year, the budget
for the succeeding fiscal year, and the | 21 |
| current capital plan as of the date of
the report. Copies of | 22 |
| the annual report shall be made available to persons who
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| request them and shall be submitted not later than 120 days | 24 |
| after the end of
the Authority's fiscal year to the Governor, | 25 |
| the Mayor, the General Assembly, and the Commission on | 26 |
| Government Forecasting and Accountability.
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| Section 55. Deposit and withdrawal of funds. | 2 |
| (a) All funds deposited by the Authority in any bank or | 3 |
| savings and loan
association shall be placed in the name of the | 4 |
| Authority and shall be withdrawn
or paid out only by check or | 5 |
| draft upon the bank or savings and loan
association, signed by | 6 |
| 2 officers or employees designated by the Board.
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| Notwithstanding any other provision of this Section, the Board | 8 |
| may designate
any of its members or any officer or employee of | 9 |
| the Authority to authorize the
wire transfer of funds deposited | 10 |
| by the secretary-treasurer of funds in a bank
or savings and | 11 |
| loan association for the payment of payroll and employee
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| benefits-related expenses.
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| No bank or savings and loan association shall receive | 14 |
| public funds as
permitted by this Section unless it has | 15 |
| complied with the requirements
established pursuant to Section | 16 |
| 6 of the Public
Funds Investment Act.
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| (b) If any officer or employee whose signature appears upon | 18 |
| any check
or draft issued pursuant to this Act ceases (after | 19 |
| attaching his signature) to
hold his or her office before the | 20 |
| delivery of such a check or draft to the
payee, his or her | 21 |
| signature shall nevertheless be valid and sufficient for all
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| purposes with the same effect as if he or she had remained in | 23 |
| office until
delivery thereof.
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| Section 60. Contracts with the Authority; disclosure |
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| requirements. | 2 |
| (a) A bidder, offeror, or contractor must disclose the | 3 |
| names of all officers and directors. A bidder, offeror, or | 4 |
| contractor for contracts with the Authority shall disclose the | 5 |
| identity of every owner, beneficiary, or person with beneficial | 6 |
| interest of more than 1%, or shareholder entitled to receive | 7 |
| more than 1% of the total distributable income of any | 8 |
| corporation, having any interest in the contract in the bidder, | 9 |
| offeror, or contractor. The disclosure shall be in writing and | 10 |
| attested to by an owner, trustee, corporate official, or agent. | 11 |
| If stock in a corporation is publicly traded and there is no | 12 |
| readily known individual having greater than a 1% interest, | 13 |
| then a statement to that effect attested to by an officer or | 14 |
| agent of the corporation or shall fulfill the disclosure | 15 |
| statement requirement of this Section. A bidder, offeror, or | 16 |
| contractor shall notify the Authority of any changes in | 17 |
| officers, directors, ownership, or individuals having a | 18 |
| beneficial interest of more than 1%. | 19 |
| (b) A bidder, offeror, or contractor for contracts with an | 20 |
| annual value of $10,000 or for a period to exceed one year | 21 |
| shall disclose all political contributions of the bidder, | 22 |
| offeror, or contractor and any affiliated person or entity. | 23 |
| Disclosure shall include at least the names and addresses of | 24 |
| the contributors and the dollar amounts of any contributions to | 25 |
| any political committee made within the previous 2 years. | 26 |
| (c) As used in this Section: |
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| "Contribution" means contribution as defined in Section | 2 |
| 9-1.4 of the Election Code. | 3 |
| "Affiliated person" means (i) any person with any ownership | 4 |
| interest or distributive share of the bidding or contracting | 5 |
| entity in excess of 1%, (ii) executive employees of the bidding | 6 |
| or contracting entity, and (iii) the spouse and minor children | 7 |
| of any such persons. | 8 |
| "Affiliated entity" means (i) any parent or subsidiary of | 9 |
| the bidding or contracting entity, (ii) any member of the same | 10 |
| unitary business group, or (iii) any political committee for | 11 |
| which the bidding or contracting entity is the sponsoring | 12 |
| entity. | 13 |
| (d) The Illinois Racing Board may direct the Authority to | 14 |
| void a contract if a violation of this Section occurs. | 15 |
| Section 65. Purchasing. | 16 |
| (a) All construction contracts and contracts for supplies, | 17 |
| materials,
equipment, and services,
when the cost thereof to | 18 |
| the Authority exceeds $25,000, shall be let to
the lowest | 19 |
| responsible bidder, after advertising for bids, except for the
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| following:
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| (1) When repair parts, accessories, equipment, or | 22 |
| services are required
for
equipment or services previously | 23 |
| furnished or contracted for;
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| (2) Professional services;
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| (3) When services such as water, light, heat, power, |
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| telephone (other than
long-distance service), or telegraph | 2 |
| are required;
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| (4) When contracts for the use, purchase, delivery, | 4 |
| movement, or
installation of data processing equipment, | 5 |
| software, or services and
telecommunications equipment,
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| software, and services are required;
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| (5) Contracts with a racing contractor, which shall be | 8 |
| awarded as
set forth in Section 35 of this Act.
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| (b) All contracts involving less than $25,000 shall be let | 10 |
| by competitive
bidding whenever possible, and in any event in a | 11 |
| manner calculated to ensure
the best interests of the public.
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| (c) In determining the responsibility of any bidder, the | 13 |
| Authority may take
into account the bidder's (or an individual | 14 |
| having a beneficial interest,
directly or indirectly, of more | 15 |
| than 1% in such bidding entity) past record of
dealings with | 16 |
| the Authority, the bidder's experience, adequacy of equipment,
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| and ability to complete performance within the time set, and | 18 |
| other factors
besides financial responsibility. No such | 19 |
| contract shall be awarded to any bidder other than the lowest | 20 |
| bidder (in case of purchase or
expenditure) unless authorized | 21 |
| or approved by a vote of at least 4 members of
the Board and | 22 |
| such action is accompanied by a written statement setting forth | 23 |
| the reasons for not awarding the contract to the highest or
| 24 |
| lowest bidder, as the case
may be. The statement shall be kept | 25 |
| on file in the principal office of the
Authority and open to | 26 |
| public inspection.
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| (d) The Authority shall have the right to reject all bids | 2 |
| and to
re-advertise for bids. If after
any such | 3 |
| re-advertisement, no responsible and satisfactory bid, within | 4 |
| the
terms of the re-advertisement, is received, the Authority | 5 |
| may award such
contract without competitive bidding, provided | 6 |
| that the Illinois Racing Board must approve the contract prior | 7 |
| to its execution. The contract must not be less
advantageous to | 8 |
| the Authority than any valid bid received pursuant to
| 9 |
| advertisement.
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| (e) Advertisements for bids and re-bids shall be published | 11 |
| at least once in
a daily newspaper of general circulation | 12 |
| published in the City of Springfield
at least 10 calendar days | 13 |
| before the time for
receiving bids, and such advertisements | 14 |
| shall also be posted on readily
accessible bulletin boards in | 15 |
| the principal office of the Authority. Such
advertisements | 16 |
| shall state the time and
place for receiving and opening of | 17 |
| bids and, by reference to plans and
specifications on file at | 18 |
| the time of the first publication or in the
advertisement | 19 |
| itself, shall describe the character of the proposed contract | 20 |
| in
sufficient detail to fully advise prospective bidders of | 21 |
| their obligations and
to ensure free and open competitive | 22 |
| bidding.
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| (f) All bids in response to advertisements shall be sealed | 24 |
| and shall be
publicly opened by the Authority. All bidders | 25 |
| shall be entitled to be present
in person or by | 26 |
| representatives. Cash or a certified or satisfactory cashier's
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| check, as a deposit of good faith, in a reasonable amount to be | 2 |
| fixed by the
Authority before advertising for bids, shall be | 3 |
| required with the proposal of
each bidder. A bond for faithful | 4 |
| performance of the contract with surety or
sureties | 5 |
| satisfactory to the
Authority and adequate insurance may be | 6 |
| required in reasonable amounts to be
fixed by the Authority | 7 |
| before advertising for bids.
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| (g) The contract shall be awarded as promptly as possible | 9 |
| after the opening
of bids. The bid of the successful bidder, as | 10 |
| well as the bids of the
unsuccessful bidders, shall be placed | 11 |
| on file and be open to public inspection.
All bids shall be | 12 |
| void if any disclosure of the terms of any bid in response
to | 13 |
| an advertisement is made or permitted to be made by the | 14 |
| Authority before the
time fixed for opening bids.
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| (h) Notice of each and every contract that is
offered, | 16 |
| including renegotiated contracts and change orders,
shall be | 17 |
| published in an online bulletin. The online bulletin must | 18 |
| include at least the date first offered,
the date submission of | 19 |
| offers is due, the location that offers are to be
submitted to, | 20 |
| a brief purchase description, the method of source selection,
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| information of how to obtain a comprehensive purchase | 22 |
| description and any
disclosure and contract forms, and | 23 |
| encouragement to prospective vendors to hire qualified | 24 |
| veterans, as defined by Section 45-67 of the Illinois | 25 |
| Procurement Code, and Illinois residents discharged from any | 26 |
| Illinois adult correctional center. Notice of each and every |
|
|
|
HB4758 Engrossed |
- 18 - |
LRB095 16893 AMC 42936 b |
|
| 1 |
| contract that is let
or awarded, including renegotiated | 2 |
| contracts and change orders, shall be
published in the online | 3 |
| bulletin and
must include at least all of the
information | 4 |
| specified in this item (j), as well as the name of the | 5 |
| successful
responsible bidder or offeror, the contract price, | 6 |
| and the number of unsuccessful
responsive bidders and any other | 7 |
| disclosure specified in this Section. This notice must be | 8 |
| posted in the online electronic bulletin prior to execution of | 9 |
| the contract.
| 10 |
| Section 70. No authority to make or promulgate rules. | 11 |
| Notwithstanding any other rulemaking authority that may exist, | 12 |
| neither the Governor nor any agency or agency head under the | 13 |
| jurisdiction of the Governor has any authority to make or | 14 |
| promulgate rules to implement or enforce the provisions of this | 15 |
| Act. If, however, the Governor believes that rules are | 16 |
| necessary to implement or enforce the provisions of this Act, | 17 |
| the Governor may suggest rules to the General Assembly by | 18 |
| filing them with the Clerk of the House and Secretary of the | 19 |
| Senate and by requesting that the General Assembly authorize | 20 |
| such rulemaking by law, enact those suggested rules into law, | 21 |
| or take any other appropriate action in the General Assembly's | 22 |
| discretion. Nothing contained in this Act shall be interpreted | 23 |
| to grant rulemaking authority under any other Illinois statute | 24 |
| where such authority is not otherwise explicitly given. For the | 25 |
| purposes of this Act, "rules" is given the meaning contained in |
|
|
|
HB4758 Engrossed |
- 19 - |
LRB095 16893 AMC 42936 b |
|
| 1 |
| Section 1-70 of the Illinois Administrative Procedure Act, and | 2 |
| "agency" and "agency head" are given the meanings contained in | 3 |
| Sections 1-20 and 1-25 of the Illinois Administrative Procedure | 4 |
| Act to the extent that such definitions apply to agencies or | 5 |
| agency heads under the jurisdiction of the Governor. | 6 |
| Section 900. The State Fair Act is amended by changing | 7 |
| Sections 10 and 12 as follows:
| 8 |
| (20 ILCS 210/10) (from Ch. 127, par. 1710)
| 9 |
| Sec. 10. The Department may enter into contracts with other | 10 |
| government
agencies to assist them in the operation of each | 11 |
| State Fair and the State
Fairgrounds as well as the | 12 |
| requirements set forth in Section 9 of this Act.
| 13 |
| The Department may cooperate with any other local, State or | 14 |
| federal agency
in the furtherance of the intent of this Act.
| 15 |
| The Department may receive and use any donation either from | 16 |
| the private
or public sectors which is for betterment of each | 17 |
| State Fair
and the State Fairgrounds.
| 18 |
| All revenues from the operation and use of any facilities | 19 |
| of the Illinois
State Fair at Springfield and the Springfield | 20 |
| State
Fairgrounds , other than revenues from horse racing | 21 |
| conducted at the Springfield State Fairgrounds by the Illinois | 22 |
| State Fairgrounds Racetrack Authority, shall be deposited in | 23 |
| the Illinois State Fair Fund. All revenues
from the operation | 24 |
| and use of any facilities of the DuQuoin State Fair and the
|
|
|
|
HB4758 Engrossed |
- 20 - |
LRB095 16893 AMC 42936 b |
|
| 1 |
| DuQuoin State Fairgrounds shall be deposited into the | 2 |
| Agricultural Premium
Fund. All funds in the Illinois State Fair | 3 |
| Fund shall be used by the
Department of Agriculture in | 4 |
| accordance with appropriation by the General
Assembly for | 5 |
| operation of the Illinois State Fair.
| 6 |
| Notwithstanding any other rulemaking authority that may | 7 |
| exist, neither the Governor nor any agency or agency head under | 8 |
| the jurisdiction of the Governor has any authority to make or | 9 |
| promulgate rules to implement or enforce the provisions of this | 10 |
| amendatory Act of the 95th General Assembly. If, however, the | 11 |
| Governor believes that rules are necessary to implement or | 12 |
| enforce the provisions of this amendatory Act of the 95th | 13 |
| General Assembly, the Governor may suggest rules to the General | 14 |
| Assembly by filing them with the Clerk of the House and the | 15 |
| Secretary of the Senate and by requesting that the General | 16 |
| Assembly authorize such rulemaking by law, enact those | 17 |
| suggested rules into law, or take any other appropriate action | 18 |
| in the General Assembly's discretion. Nothing contained in this | 19 |
| amendatory Act of the 95th General Assembly shall be | 20 |
| interpreted to grant rulemaking authority under any other | 21 |
| Illinois statute where such authority is not otherwise | 22 |
| explicitly given. For the purposes of this amendatory Act of | 23 |
| the 95th General Assembly, "rules" is given the meaning | 24 |
| contained in Section 1-70 of the Illinois Administrative | 25 |
| Procedure Act, and "agency" and "agency head" are given the | 26 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois |
|
|
|
HB4758 Engrossed |
- 21 - |
LRB095 16893 AMC 42936 b |
|
| 1 |
| Administrative Procedure Act to the extent that such | 2 |
| definitions apply to agencies or agency heads under the | 3 |
| jurisdiction of the Governor. | 4 |
| (Source: P.A. 88-5.)
| 5 |
| (20 ILCS 210/12) (from Ch. 127, par. 1712)
| 6 |
| Sec. 12. The Department shall have the power to promulgate | 7 |
| rules and
regulations, pursuant to the Illinois Administrative | 8 |
| Procedure Act, governing the holding of each State Fair, the | 9 |
| operation of the
State Fairgrounds, the conditions under which | 10 |
| racing shall be permitted on
the State Fairgrounds, the policy | 11 |
| for policing the grounds , and such other
reasonable rules and | 12 |
| regulations as are necessary to carry out the intent of the | 13 |
| Act. However, the Department shall not be required to | 14 |
| promulgate rules and regulations pursuant to the Illinois | 15 |
| Administrative Procedure Act concerning those operations | 16 |
| stated in subsections (b) and (c) of Section 6 of this Act. | 17 |
| Instead, the requirements set forth in subsections (b) and (c) | 18 |
| of Section 6 must be followed.
| 19 |
| Notwithstanding any other rulemaking authority that may | 20 |
| exist, neither the Governor nor any agency or agency head under | 21 |
| the jurisdiction of the Governor has any authority to make or | 22 |
| promulgate rules to implement or enforce the provisions of this | 23 |
| amendatory Act of the 95th General Assembly. If, however, the | 24 |
| Governor believes that rules are necessary to implement or | 25 |
| enforce the provisions of this amendatory Act of the 95th |
|
|
|
HB4758 Engrossed |
- 22 - |
LRB095 16893 AMC 42936 b |
|
| 1 |
| General Assembly, the Governor may suggest rules to the General | 2 |
| Assembly by filing them with the Clerk of the House and the | 3 |
| Secretary of the Senate and by requesting that the General | 4 |
| Assembly authorize such rulemaking by law, enact those | 5 |
| suggested rules into law, or take any other appropriate action | 6 |
| in the General Assembly's discretion. Nothing contained in this | 7 |
| amendatory Act of the 95th General Assembly shall be | 8 |
| interpreted to grant rulemaking authority under any other | 9 |
| Illinois statute where such authority is not otherwise | 10 |
| explicitly given. For the purposes of this amendatory Act of | 11 |
| the 95th General Assembly, "rules" is given the meaning | 12 |
| contained in Section 1-70 of the Illinois Administrative | 13 |
| Procedure Act, and "agency" and "agency head" are given the | 14 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 15 |
| Administrative Procedure Act to the extent that such | 16 |
| definitions apply to agencies or agency heads under the | 17 |
| jurisdiction of the Governor. | 18 |
| (Source: P.A. 93-1055, eff. 11-23-04.)
| 19 |
| Section 905. The State Finance Act is amended by adding | 20 |
| Sections 5.710, 5.711, 6z-80, and 6z-81 as follows: | 21 |
| (30 ILCS 105/5.710 new)
| 22 |
| Sec. 5.710. The State Fairgrounds Infrastructure | 23 |
| Improvement Fund. |
|
|
|
HB4758 Engrossed |
- 23 - |
LRB095 16893 AMC 42936 b |
|
| 1 |
| (30 ILCS 105/5.711 new)
| 2 |
| Sec. 5.711. The Sangamon County Dispatch Fund. | 3 |
| (30 ILCS 105/6z-80 new)
| 4 |
| Sec. 6z-80. The State Fairgrounds Infrastructure | 5 |
| Improvement Fund. There is created the State Fairgrounds | 6 |
| Infrastructure Improvement Fund, a non-appropriated special | 7 |
| fund in the State treasury. Moneys in the Fund may be used by | 8 |
| the Department of Agriculture solely for infrastructure | 9 |
| improvements to the Illinois State Fairgrounds in Sangamon | 10 |
| County. The State Fairgrounds Infrastructure Improvement Fund | 11 |
| is not subject to sweeps, administrative charge-backs, | 12 |
| including but not limited to, those authorized under Section 8h | 13 |
| of the State Finance Act, or any other fiscal or budgetary | 14 |
| maneuver that would in any way transfer any funds from the Fund | 15 |
| into any other fund of the State. | 16 |
| (30 ILCS 105/6z-81 new)
| 17 |
| Sec. 6z-81. The Sangamon County Dispatch Fund. There is | 18 |
| created the Sangamon County Dispatch Fund, a non-appropriated | 19 |
| trust fund held in the State treasury. Moneys in the Fund may | 20 |
| be used by the Sangamon County Central Dispatch System solely | 21 |
| for general operations. The Sangamon County Dispatch Fund is | 22 |
| not subject to sweeps, administrative charge-backs, including | 23 |
| but not limited to, those authorized under Section 8h of the | 24 |
| State Finance Act, or any other fiscal or budgetary maneuver |
|
|
|
HB4758 Engrossed |
- 24 - |
LRB095 16893 AMC 42936 b |
|
| 1 |
| that would in any way transfer any funds from the Fund into any | 2 |
| other fund of the State.
| 3 |
| Section 910. The Illinois Horse Racing Act of 1975 is | 4 |
| amended by changing Section 9 and by adding Section 9.5 as | 5 |
| follows:
| 6 |
| (230 ILCS 5/9) (from Ch. 8, par. 37-9)
| 7 |
| Sec. 9. The Board shall have all powers necessary and | 8 |
| proper to fully and
effectively execute the provisions of this | 9 |
| Act, including, but not
limited to, the following:
| 10 |
| (a) The Board is vested with jurisdiction and supervision | 11 |
| over all race
meetings in this State, over all licensees doing | 12 |
| business
in this
State, over all occupation licensees, and over | 13 |
| all persons on the
facilities of any licensee. Such | 14 |
| jurisdiction shall
include the power to issue licenses to the | 15 |
| Illinois Department of
Agriculture authorizing the pari-mutuel | 16 |
| system of wagering
on harness and Quarter Horse races held (1) | 17 |
| at the Illinois State Fair in
Sangamon County, and (2) at the | 18 |
| DuQuoin State Fair in Perry County. The
jurisdiction of the | 19 |
| Board shall also include the power to issue licenses to
county | 20 |
| fairs which are eligible to receive funds pursuant to the
| 21 |
| Agricultural Fair Act, as now or hereafter amended, or their | 22 |
| agents,
authorizing the pari-mutuel system of wagering on horse
| 23 |
| races
conducted at the county fairs receiving such licenses. | 24 |
| Such licenses shall be
governed by subsection (n) of this |
|
|
|
HB4758 Engrossed |
- 25 - |
LRB095 16893 AMC 42936 b |
|
| 1 |
| Section.
| 2 |
| Upon application, the Board shall issue a license to the | 3 |
| Illinois Department
of Agriculture to conduct harness and | 4 |
| Quarter Horse races at the Illinois State
Fair and at the | 5 |
| DuQuoin State Fairgrounds
during the scheduled dates of each | 6 |
| fair. The Board shall not require and the
Department of | 7 |
| Agriculture shall be exempt from the requirements of Sections
| 8 |
| 15.3, 18 and 19, paragraphs (a)(2), (b), (c), (d), (e), (e-5), | 9 |
| (e-10), (f),
(g), and (h) of Section 20, and Sections 21, 24 | 10 |
| and 25. The Board and the Department
of
Agriculture may extend | 11 |
| any or all of these exemptions to any contractor or
agent | 12 |
| engaged by the Department of Agriculture to conduct its race | 13 |
| meetings
when the Board determines that this would best serve | 14 |
| the public interest and
the interest of horse racing.
| 15 |
| Upon application, the Board shall issue a license to the | 16 |
| Illinois State Fairgrounds Racetrack Authority authorizing the | 17 |
| pari-mutuel system of wagering on live harness and Quarter | 18 |
| Horse races, inter-track wagering, simulcast wagering, and | 19 |
| advanced deposit wagering (if otherwise authorized by law) | 20 |
| through a racing contractor, as that term is defined in the | 21 |
| Illinois State Fairgrounds Racetrack Authority Act, for up to 9 | 22 |
| months of each year at the Illinois State Fairgrounds in | 23 |
| Sangamon County. Revenues received by the Board from this | 24 |
| license shall be deposited into the Horse Racing Fund. | 25 |
| Notwithstanding any provision of law to the contrary, it | 26 |
| shall be lawful for
any licensee to operate pari-mutuel |
|
|
|
HB4758 Engrossed |
- 26 - |
LRB095 16893 AMC 42936 b |
|
| 1 |
| wagering
or
contract with the Department of Agriculture to | 2 |
| operate pari-mutuel wagering at
the DuQuoin State Fairgrounds | 3 |
| or for the Department to enter into contracts
with a licensee, | 4 |
| employ its owners,
employees
or
agents and employ such other | 5 |
| occupation licensees as the Department deems
necessary in | 6 |
| connection with race meetings and wagerings.
| 7 |
| (b) The Board is vested with the full power to promulgate | 8 |
| reasonable
rules and regulations for the purpose of | 9 |
| administering the provisions of
this Act and to prescribe | 10 |
| reasonable rules, regulations and conditions
under which all | 11 |
| horse race meetings or wagering in the State shall be
| 12 |
| conducted. Such reasonable rules and regulations are to provide | 13 |
| for the
prevention of practices detrimental to the public | 14 |
| interest and to promote the best
interests of horse racing and | 15 |
| to impose penalties for violations thereof.
| 16 |
| (c) The Board, and any person or persons to whom it | 17 |
| delegates
this power, is vested with the power to enter the | 18 |
| facilities and other places of business of any licensee to | 19 |
| determine whether there has been compliance with
the provisions | 20 |
| of this Act and its rules and regulations.
| 21 |
| (d) The Board, and any person or persons to whom it | 22 |
| delegates this
power, is vested with the authority to | 23 |
| investigate alleged violations of
the provisions of this Act, | 24 |
| its reasonable rules and regulations, orders
and final | 25 |
| decisions; the Board shall take appropriate disciplinary | 26 |
| action
against any licensee or occupation licensee for |
|
|
|
HB4758 Engrossed |
- 27 - |
LRB095 16893 AMC 42936 b |
|
| 1 |
| violation
thereof or
institute appropriate legal action for the | 2 |
| enforcement thereof.
| 3 |
| (e) The Board, and any person or persons to whom it | 4 |
| delegates this power,
may eject or exclude from any race | 5 |
| meeting or
the facilities of any licensee, or any part
thereof, | 6 |
| any occupation licensee or any
other individual whose conduct | 7 |
| or reputation is such that his presence on
those facilities | 8 |
| may, in the opinion of the Board, call into question
the | 9 |
| honesty and integrity of horse racing or wagering or interfere | 10 |
| with the
orderly
conduct of horse racing or wagering; provided, | 11 |
| however, that no person
shall be
excluded or ejected from the | 12 |
| facilities of any licensee solely on the grounds of
race, | 13 |
| color, creed, national origin, ancestry, or sex. The power to | 14 |
| eject
or exclude an occupation licensee or other individual may
| 15 |
| be exercised for just cause by the licensee or the Board, | 16 |
| subject to subsequent hearing by the
Board as to the propriety | 17 |
| of said exclusion.
| 18 |
| (f) The Board is vested with the power to acquire,
| 19 |
| establish, maintain and operate (or provide by contract to
| 20 |
| maintain and operate) testing laboratories and related | 21 |
| facilities,
for the purpose of conducting saliva, blood, urine | 22 |
| and other tests on the
horses run or to be run in any horse race | 23 |
| meeting and to purchase all
equipment and supplies deemed | 24 |
| necessary or desirable in connection with
any such testing | 25 |
| laboratories and related facilities and all such tests.
| 26 |
| (g) The Board may require that the records, including |
|
|
|
HB4758 Engrossed |
- 28 - |
LRB095 16893 AMC 42936 b |
|
| 1 |
| financial or other
statements of any licensee or any person | 2 |
| affiliated with the licensee who is
involved directly or | 3 |
| indirectly in the activities of any licensee as regulated
under | 4 |
| this Act to the extent that those financial or other statements | 5 |
| relate to
such activities be kept in
such manner as prescribed | 6 |
| by the Board, and that Board employees shall have
access to | 7 |
| those records during reasonable business
hours. Within 120 days | 8 |
| of the end of its fiscal year, each licensee shall
transmit to
| 9 |
| the Board
an audit of the financial transactions and condition | 10 |
| of the licensee's total
operations. All audits shall be | 11 |
| conducted by certified public accountants.
Each certified | 12 |
| public accountant must be registered in the State of Illinois
| 13 |
| under the Illinois Public Accounting Act. The compensation for | 14 |
| each certified
public accountant shall be paid directly by the | 15 |
| licensee to the certified
public accountant. A licensee shall | 16 |
| also submit any other financial or related
information the | 17 |
| Board deems necessary to effectively administer this Act and
| 18 |
| all rules, regulations, and final decisions promulgated under | 19 |
| this Act.
| 20 |
| (h) The Board shall name and appoint in the manner provided | 21 |
| by the rules
and regulations of the Board: an Executive | 22 |
| Director; a State director
of mutuels; Illinois Racing Board | 23 |
| State veterinarians and representatives to take saliva, blood,
| 24 |
| urine and other tests on horses; licensing personnel; revenue
| 25 |
| inspectors; and State seasonal employees (excluding admission | 26 |
| ticket
sellers and mutuel clerks). All of those named and |
|
|
|
HB4758 Engrossed |
- 29 - |
LRB095 16893 AMC 42936 b |
|
| 1 |
| appointed as provided
in this subsection shall serve during the | 2 |
| pleasure of the Board; their
compensation shall be determined | 3 |
| by the Board and be paid in the same
manner as other employees | 4 |
| of the Board under this Act.
| 5 |
| (i) The Board shall require that there shall be 3 stewards | 6 |
| at each horse
race meeting, at least 2 of whom shall be named | 7 |
| and appointed by the Board.
Stewards appointed or approved by | 8 |
| the Board, while performing duties
required by this Act or by | 9 |
| the Board, shall be entitled to the same rights
and immunities | 10 |
| as granted to Board members and Board employees in Section
10 | 11 |
| of this Act.
| 12 |
| (j) The Board may discharge any Board employee
who fails or | 13 |
| refuses for any reason to comply with the rules and
regulations | 14 |
| of the Board, or who, in the opinion of the Board,
is guilty of | 15 |
| fraud, dishonesty or who is proven to be incompetent.
The Board | 16 |
| shall have no right or power to determine who shall be | 17 |
| officers,
directors or employees of any licensee, or their | 18 |
| salaries
except the Board may, by rule, require that all or any | 19 |
| officials or
employees in charge of or whose duties relate to | 20 |
| the actual running of
races be approved by the Board.
| 21 |
| (k) The Board is vested with the power to appoint
delegates | 22 |
| to execute any of the powers granted to it under this Section
| 23 |
| for the purpose of administering this Act and any rules or | 24 |
| regulations
promulgated in accordance with this Act.
| 25 |
| (l) The Board is vested with the power to impose civil | 26 |
| penalties of up to
$5,000 against an individual and up to |
|
|
|
HB4758 Engrossed |
- 30 - |
LRB095 16893 AMC 42936 b |
|
| 1 |
| $10,000 against a
licensee for each
violation of any provision | 2 |
| of this Act, any rules adopted by the Board, any
order of the | 3 |
| Board or any other action which, in the Board's discretion, is
| 4 |
| a detriment or impediment to horse racing or wagering.
| 5 |
| (m) The Board is vested with the power to prescribe a form | 6 |
| to be used
by licensees as an application for employment for | 7 |
| employees of
each licensee.
| 8 |
| (n) The Board shall have the power to issue a license
to | 9 |
| any county fair, or its
agent, authorizing the conduct of the | 10 |
| pari-mutuel system of
wagering. The Board is vested with the | 11 |
| full power to promulgate
reasonable rules, regulations and | 12 |
| conditions under which all horse race
meetings licensed | 13 |
| pursuant to this subsection shall be held and conducted,
| 14 |
| including rules, regulations and conditions for the conduct of | 15 |
| the
pari-mutuel system of wagering. The rules, regulations and
| 16 |
| conditions shall provide for the prevention of practices | 17 |
| detrimental to the
public interest and for the best interests | 18 |
| of horse racing, and shall
prescribe penalties for violations | 19 |
| thereof. Any authority granted the
Board under this Act shall | 20 |
| extend to its jurisdiction and supervision over
county fairs, | 21 |
| or their agents, licensed pursuant to this subsection.
However, | 22 |
| the Board may waive any provision of this Act or its rules or
| 23 |
| regulations which would otherwise apply to such county fairs or | 24 |
| their agents.
| 25 |
| (o) Whenever the Board is authorized or
required by law to | 26 |
| consider some aspect of criminal history record
information for |
|
|
|
HB4758 Engrossed |
- 31 - |
LRB095 16893 AMC 42936 b |
|
| 1 |
| the purpose of carrying out its statutory powers and
| 2 |
| responsibilities, then, upon request and payment of fees in | 3 |
| conformance
with the requirements of Section 2605-400 of
the | 4 |
| Department of State Police Law (20 ILCS 2605/2605-400), the | 5 |
| Department of State Police is
authorized to furnish, pursuant | 6 |
| to positive identification, such
information contained in | 7 |
| State files as is necessary to fulfill the request.
| 8 |
| (p) To insure the convenience, comfort, and wagering | 9 |
| accessibility of
race track patrons, to provide for the | 10 |
| maximization of State revenue, and
to generate increases in | 11 |
| purse allotments to the horsemen, the Board shall
require any | 12 |
| licensee to staff the pari-mutuel department with
adequate | 13 |
| personnel.
| 14 |
| Notwithstanding any other rulemaking authority that may | 15 |
| exist, neither the Governor nor any agency or agency head under | 16 |
| the jurisdiction of the Governor has any authority to make or | 17 |
| promulgate rules to implement or enforce the provisions of this | 18 |
| amendatory Act of the 95th General Assembly. If, however, the | 19 |
| Governor believes that rules are necessary to implement or | 20 |
| enforce the provisions of this amendatory Act of the 95th | 21 |
| General Assembly, the Governor may suggest rules to the General | 22 |
| Assembly by filing them with the Clerk of the House and the | 23 |
| Secretary of the Senate and by requesting that the General | 24 |
| Assembly authorize such rulemaking by law, enact those | 25 |
| suggested rules into law, or take any other appropriate action | 26 |
| in the General Assembly's discretion. Nothing contained in this |
|
|
|
HB4758 Engrossed |
- 32 - |
LRB095 16893 AMC 42936 b |
|
| 1 |
| amendatory Act of the 95th General Assembly shall be | 2 |
| interpreted to grant rulemaking authority under any other | 3 |
| Illinois statute where such authority is not otherwise | 4 |
| explicitly given. For the purposes of this amendatory Act of | 5 |
| the 95th General Assembly, "rules" is given the meaning | 6 |
| contained in Section 1-70 of the Illinois Administrative | 7 |
| Procedure Act, and "agency" and "agency head" are given the | 8 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 9 |
| Administrative Procedure Act to the extent that such | 10 |
| definitions apply to agencies or agency heads under the | 11 |
| jurisdiction of the Governor. | 12 |
| (Source: P.A. 91-239, eff. 1-1-00.)
| 13 |
| (230 ILCS 5/9.5 new)
| 14 |
| Sec. 9.5. Limitation on location of inter-track wagering | 15 |
| facility. In no event shall any inter-track wagering location | 16 |
| licensee that derives its license from the Authority operate | 17 |
| within 30 miles of the Illinois State Fairgrounds in Sangamon | 18 |
| County.
| 19 |
| Section 999. Effective date. This Act takes effect upon | 20 |
| becoming law.
|
|