Full Text of SB1849 97th General Assembly
SB1849eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning gaming.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Horse Racing Act of 1975 is amended | 5 | | by changing Sections 9, 15.1, 18, and 28 as 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. |
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| 1 | | Such licenses shall be
governed by subsection (n) of this | 2 | | Section.
| 3 | | Upon application, the Board shall issue a license to the | 4 | | Illinois Department
of Agriculture to conduct harness and | 5 | | Quarter Horse races at the Illinois State
Fair and at the | 6 | | DuQuoin State Fairgrounds
during the scheduled dates of each | 7 | | fair. The Board shall not require and the
Department of | 8 | | Agriculture shall be exempt from the requirements of Sections
| 9 | | 15.3, 18 and 19, paragraphs (a)(2), (b), (c), (d), (e), (e-5), | 10 | | (e-10), (f),
(g), and (h) of Section 20, and Sections 21, 24 | 11 | | and 25. The Board and the Department
of
Agriculture may extend | 12 | | any or all of these exemptions to any contractor or
agent | 13 | | engaged by the Department of Agriculture to conduct its race | 14 | | meetings
when the Board determines that this would best serve | 15 | | the public interest and
the interest of horse racing.
| 16 | | Notwithstanding any provision of law to the contrary, it | 17 | | shall be lawful for
any licensee to operate pari-mutuel | 18 | | wagering
or
contract with the Department of Agriculture to | 19 | | operate pari-mutuel wagering at
the DuQuoin State Fairgrounds | 20 | | or for the Department to enter into contracts
with a licensee, | 21 | | employ its owners,
employees
or
agents and employ such other | 22 | | occupation licensees as the Department deems
necessary in | 23 | | connection with race meetings and wagerings.
| 24 | | (b) The Board is vested with the full power to promulgate | 25 | | reasonable
rules and regulations for the purpose of | 26 | | administering the provisions of
this Act and to prescribe |
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| 1 | | reasonable rules, regulations and conditions
under which all | 2 | | horse race meetings or wagering in the State shall be
| 3 | | conducted. Such reasonable rules and regulations are to provide | 4 | | for the
prevention of practices detrimental to the public | 5 | | interest and to promote the best
interests of horse racing and | 6 | | to impose penalties for violations thereof.
| 7 | | (c) The Board, and any person or persons to whom it | 8 | | delegates
this power, is vested with the power to enter the | 9 | | facilities and other places of business of any licensee to | 10 | | determine whether there has been compliance with
the provisions | 11 | | of this Act and its rules and regulations.
| 12 | | (d) The Board, and any person or persons to whom it | 13 | | delegates this
power, is vested with the authority to | 14 | | investigate alleged violations of
the provisions of this Act, | 15 | | its reasonable rules and regulations, orders
and final | 16 | | decisions; the Board shall take appropriate disciplinary | 17 | | action
against any licensee or occupation licensee for | 18 | | violation
thereof or
institute appropriate legal action for the | 19 | | enforcement thereof.
| 20 | | (e) The Board, and any person or persons to whom it | 21 | | delegates this power,
may eject or exclude from any race | 22 | | meeting or
the facilities of any licensee, or any part
thereof, | 23 | | any occupation licensee or any
other individual whose conduct | 24 | | or reputation is such that his presence on
those facilities | 25 | | may, in the opinion of the Board, call into question
the | 26 | | honesty and integrity of horse racing or wagering or interfere |
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| 1 | | with the
orderly
conduct of horse racing or wagering; provided, | 2 | | however, that no person
shall be
excluded or ejected from the | 3 | | facilities of any licensee solely on the grounds of
race, | 4 | | color, creed, national origin, ancestry, or sex. The power to | 5 | | eject
or exclude an occupation licensee or other individual may
| 6 | | be exercised for just cause by the licensee or the Board, | 7 | | subject to subsequent hearing by the
Board as to the propriety | 8 | | of said exclusion.
| 9 | | (f) The Board is vested with the power to acquire,
| 10 | | establish, maintain and operate (or provide by contract to
| 11 | | maintain and operate) testing laboratories and related | 12 | | facilities,
for the purpose of conducting saliva, blood, urine | 13 | | and other tests on the
horses run or to be run in any horse race | 14 | | meeting and to purchase all
equipment and supplies deemed | 15 | | necessary or desirable in connection with
any such testing | 16 | | laboratories and related facilities and all such tests.
| 17 | | (g) The Board may require that the records, including | 18 | | financial or other
statements of any licensee or any person | 19 | | affiliated with the licensee who is
involved directly or | 20 | | indirectly in the activities of any licensee as regulated
under | 21 | | this Act to the extent that those financial or other statements | 22 | | relate to
such activities be kept in
such manner as prescribed | 23 | | by the Board, and that Board employees shall have
access to | 24 | | those records during reasonable business
hours. Within 120 days | 25 | | of the end of its fiscal year, each licensee shall
transmit to
| 26 | | the Board
an audit of the financial transactions and condition |
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| 1 | | of the licensee's total
operations. All audits shall be | 2 | | conducted by certified public accountants.
Each certified | 3 | | public accountant must be registered in the State of Illinois
| 4 | | under the Illinois Public Accounting Act. The compensation for | 5 | | each certified
public accountant shall be paid directly by the | 6 | | licensee to the certified
public accountant. A licensee shall | 7 | | also submit any other financial or related
information the | 8 | | Board deems necessary to effectively administer this Act and
| 9 | | all rules, regulations, and final decisions promulgated under | 10 | | this Act.
| 11 | | (h) The Board shall name and appoint in the manner provided | 12 | | by the rules
and regulations of the Board: an Executive | 13 | | Director; a State director
of mutuels; State veterinarians and | 14 | | representatives to take saliva, blood,
urine and other tests on | 15 | | horses; licensing personnel; revenue
inspectors; and State | 16 | | seasonal employees (excluding admission ticket
sellers and | 17 | | mutuel clerks). All of those named and appointed as provided
in | 18 | | this subsection shall serve during the pleasure of the Board; | 19 | | their
compensation shall be determined by the Board and be paid | 20 | | in the same
manner as other employees of the Board under this | 21 | | Act.
| 22 | | (i) The Board shall require that there shall be 3 stewards | 23 | | at each horse
race meeting, at least 2 of whom shall be named | 24 | | and appointed by the Board.
Stewards appointed or approved by | 25 | | the Board, while performing duties
required by this Act or by | 26 | | the Board, shall be entitled to the same rights
and immunities |
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| 1 | | as granted to Board members and Board employees in Section
10 | 2 | | of this Act.
| 3 | | (j) The Board may discharge any Board employee
who fails or | 4 | | refuses for any reason to comply with the rules and
regulations | 5 | | of the Board, or who, in the opinion of the Board,
is guilty of | 6 | | fraud, dishonesty or who is proven to be incompetent.
The Board | 7 | | shall have no right or power to determine who shall be | 8 | | officers,
directors or employees of any licensee, or their | 9 | | salaries
except the Board may, by rule, require that all or any | 10 | | officials or
employees in charge of or whose duties relate to | 11 | | the actual running of
races be approved by the Board.
| 12 | | (k) The Board is vested with the power to appoint
delegates | 13 | | to execute any of the powers granted to it under this Section
| 14 | | for the purpose of administering this Act and any rules or | 15 | | regulations
promulgated in accordance with this Act.
| 16 | | (l) The Board is vested with the power to impose civil | 17 | | penalties of up to
$5,000 against an individual and up to | 18 | | $10,000 against a
licensee for each
violation of any provision | 19 | | of this Act, any rules adopted by the Board, any
order of the | 20 | | Board or any other action which, in the Board's discretion, is
| 21 | | a detriment or impediment to horse racing or wagering. All such | 22 | | civil penalties shall be deposited into the Horse Racing Fund.
| 23 | | (m) The Board is vested with the power to prescribe a form | 24 | | to be used
by licensees as an application for employment for | 25 | | employees of
each licensee.
| 26 | | (n) The Board shall have the power to issue a license
to |
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| 1 | | any county fair, or its
agent, authorizing the conduct of the | 2 | | pari-mutuel system of
wagering. The Board is vested with the | 3 | | full power to promulgate
reasonable rules, regulations and | 4 | | conditions under which all horse race
meetings licensed | 5 | | pursuant to this subsection shall be held and conducted,
| 6 | | including rules, regulations and conditions for the conduct of | 7 | | the
pari-mutuel system of wagering. The rules, regulations and
| 8 | | conditions shall provide for the prevention of practices | 9 | | detrimental to the
public interest and for the best interests | 10 | | of horse racing, and shall
prescribe penalties for violations | 11 | | thereof. Any authority granted the
Board under this Act shall | 12 | | extend to its jurisdiction and supervision over
county fairs, | 13 | | or their agents, licensed pursuant to this subsection.
However, | 14 | | the Board may waive any provision of this Act or its rules or
| 15 | | regulations which would otherwise apply to such county fairs or | 16 | | their agents.
| 17 | | (o) Whenever the Board is authorized or
required by law to | 18 | | consider some aspect of criminal history record
information for | 19 | | the purpose of carrying out its statutory powers and
| 20 | | responsibilities, then, upon request and payment of fees in | 21 | | conformance
with the requirements of Section 2605-400 of
the | 22 | | Department of State Police Law (20 ILCS 2605/2605-400), the | 23 | | Department of State Police is
authorized to furnish, pursuant | 24 | | to positive identification, such
information contained in | 25 | | State files as is necessary to fulfill the request.
| 26 | | (p) To insure the convenience, comfort, and wagering |
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| 1 | | accessibility of
race track patrons, to provide for the | 2 | | maximization of State revenue, and
to generate increases in | 3 | | purse allotments to the horsemen, the Board shall
require any | 4 | | licensee to staff the pari-mutuel department with
adequate | 5 | | personnel.
| 6 | | (Source: P.A. 91-239, eff. 1-1-00.)
| 7 | | (230 ILCS 5/15.1) (from Ch. 8, par. 37-15.1)
| 8 | | Sec. 15.1.
Upon collection of the fee accompanying the | 9 | | application for
an occupation license, the Board shall be | 10 | | authorized to make daily
temporary deposits of the fees, for a | 11 | | period not to exceed 7 days, with the
horsemen's bookkeeper at | 12 | | a race meeting. The horsemen's bookkeeper shall
issue a check, | 13 | | payable to the order of the Illinois Racing Board, for
monies | 14 | | deposited under this Section within 24 hours of receipt of the
| 15 | | monies. Provided however, upon the issuance of the check by the | 16 | | horsemen's
bookkeeper the check shall be deposited into the | 17 | | Horse Racing Fund in the State Treasury in accordance
with the | 18 | | provisions of the "State Officers and Employees Money | 19 | | Disposition
Act", approved June 9, 1911, as amended .
| 20 | | (Source: P.A. 84-432.)
| 21 | | (230 ILCS 5/18) (from Ch. 8, par. 37-18)
| 22 | | Sec. 18.
(a) Together with its application, each applicant | 23 | | for racing dates
shall deliver to the Board a certified check | 24 | | or bank draft payable to the order
of the Board for $1,000. In |
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| 1 | | the event the applicant applies for racing dates
in 2 or 3 | 2 | | successive calendar years as provided in subsection (b) of | 3 | | Section
21, the fee shall be $2,000. Filing fees shall not be | 4 | | refunded in the event
the application is denied. All filing | 5 | | fees shall be deposited into the Horse Racing Fund.
| 6 | | (b) In addition to the filing fee of $1000 and the fees | 7 | | provided in
subsection (j) of Section 20, each organization | 8 | | licensee shall pay a license
fee of $100 for each racing | 9 | | program on which its daily pari-mutuel handle is
$400,000 or | 10 | | more but less than $700,000, and a license fee of $200 for each
| 11 | | racing program on which its daily pari-mutuel handle is | 12 | | $700,000 or more.
The
additional fees required to be paid under | 13 | | this Section by this amendatory Act
of 1982 shall be remitted | 14 | | by the organization licensee to the Illinois Racing
Board with | 15 | | each day's graduated privilege tax or pari-mutuel tax and
| 16 | | breakage as provided under
Section 27.
| 17 | | (c) Sections 11-42-1, 11-42-5, and 11-54-1 of the "Illinois | 18 | | Municipal Code,"
approved May 29, 1961, as now or hereafter | 19 | | amended, shall not apply to any
license under this Act.
| 20 | | (Source: P.A. 91-40, eff. 6-25-99.)
| 21 | | (230 ILCS 5/28) (from Ch. 8, par. 37-28)
| 22 | | Sec. 28. Except as provided in subsection (g) of Section 27 | 23 | | of this Act,
moneys collected shall be distributed according to | 24 | | the provisions of this
Section 28.
| 25 | | (a) Thirty
per cent of the total of all monies received
by |
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| 1 | | the State as privilege taxes shall be paid into the | 2 | | Metropolitan Exposition
Auditorium and Office Building Fund in | 3 | | the State Treasury.
| 4 | | (b) In addition, 4.5% of the total of all monies received
| 5 | | by the State as privilege taxes shall be paid into the State | 6 | | treasury
into a special Fund to be known as the Metropolitan | 7 | | Exposition,
Auditorium, and Office Building Fund.
| 8 | | (c) Fifty per cent of the total of all monies received by | 9 | | the State
as privilege taxes under the provisions of this Act | 10 | | shall be paid into
the Agricultural Premium Fund.
| 11 | | (d) Seven per cent of the total of all monies received by | 12 | | the State
as privilege taxes shall be paid into the Fair and | 13 | | Exposition Fund in
the State treasury; provided, however, that | 14 | | when all bonds issued prior to
July 1, 1984 by the Metropolitan | 15 | | Fair and Exposition Authority shall have
been paid or payment | 16 | | shall have been provided for upon a refunding of those
bonds, | 17 | | thereafter 1/12 of $1,665,662 of such monies shall be paid each
| 18 | | month into the Build Illinois Fund, and the remainder into the | 19 | | Fair and
Exposition Fund. All excess monies shall be allocated | 20 | | to the Department of
Agriculture for distribution to county | 21 | | fairs for premiums and
rehabilitation as set forth in the | 22 | | Agricultural Fair Act.
| 23 | | (e) The monies provided for in Section 30 shall be paid | 24 | | into the
Illinois Thoroughbred Breeders Fund.
| 25 | | (f) The monies provided for in Section 31 shall be paid | 26 | | into the
Illinois Standardbred Breeders Fund.
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| 1 | | (g) Until January 1, 2000, that part representing
1/2 of | 2 | | the total breakage in Thoroughbred,
Harness, Appaloosa, | 3 | | Arabian, and Quarter Horse racing in the State shall
be paid | 4 | | into the Illinois Race Track Improvement Fund as established
in | 5 | | Section 32.
| 6 | | (h) All other monies received by the Board under this Act | 7 | | shall be
paid into the Horse Racing Fund General Revenue Fund | 8 | | of the State .
| 9 | | (i) The salaries of the Board members, secretary, stewards,
| 10 | | directors of mutuels, veterinarians, representatives, | 11 | | accountants,
clerks, stenographers, inspectors and other | 12 | | employees of the Board, and
all expenses of the Board incident | 13 | | to the administration of this Act,
including, but not limited | 14 | | to, all expenses and salaries incident to the
taking of saliva | 15 | | and urine samples in accordance with the rules and
regulations | 16 | | of the Board shall be paid out of the Agricultural Premium
| 17 | | Fund.
| 18 | | (j) The Agricultural Premium Fund shall also be used:
| 19 | | (1) for the expenses of operating the Illinois State | 20 | | Fair and the
DuQuoin State Fair, including the
payment of | 21 | | prize money or premiums;
| 22 | | (2) for the distribution to county fairs, vocational | 23 | | agriculture
section fairs, agricultural societies, and | 24 | | agricultural extension clubs
in accordance with the | 25 | | Agricultural Fair Act, as
amended;
| 26 | | (3) for payment of prize monies and premiums awarded |
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| 1 | | and for
expenses incurred in connection with the | 2 | | International Livestock
Exposition and the Mid-Continent | 3 | | Livestock Exposition held in Illinois,
which premiums, and | 4 | | awards must be approved, and paid by the Illinois
| 5 | | Department of Agriculture;
| 6 | | (4) for personal service of county agricultural | 7 | | advisors and county
home advisors;
| 8 | | (5) for distribution to agricultural home economic | 9 | | extension
councils in accordance with "An Act in relation | 10 | | to additional support
and finance for the Agricultural and | 11 | | Home Economic Extension Councils in
the several counties in | 12 | | this State and making an appropriation
therefor", approved | 13 | | July 24, 1967, as amended;
| 14 | | (6) for research on equine disease, including a | 15 | | development center
therefor;
| 16 | | (7) for training scholarships for study on equine | 17 | | diseases to
students at the University of Illinois College | 18 | | of Veterinary Medicine;
| 19 | | (8) for the rehabilitation, repair and maintenance of
| 20 | | the Illinois and DuQuoin State Fair Grounds and
the | 21 | | structures and facilities thereon and the construction of | 22 | | permanent
improvements on such Fair Grounds, including | 23 | | such structures, facilities and
property located on such
| 24 | | State Fair Grounds which are under the custody and control | 25 | | of the
Department of Agriculture;
| 26 | | (9) for the expenses of the Department of Agriculture |
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| 1 | | under Section
5-530 of the Departments of State Government | 2 | | Law (20 ILCS
5/5-530);
| 3 | | (10) for the expenses of the Department of Commerce and | 4 | | Economic Opportunity under Sections
605-620, 605-625, and
| 5 | | 605-630 of the Department of Commerce and Economic | 6 | | Opportunity Law (20 ILCS
605/605-620, 605/605-625, and | 7 | | 605/605-630);
| 8 | | (11) for remodeling, expanding, and reconstructing | 9 | | facilities
destroyed by fire of any Fair and Exposition | 10 | | Authority in counties with
a population of 1,000,000 or | 11 | | more inhabitants;
| 12 | | (12) for the purpose of assisting in the care and | 13 | | general
rehabilitation of disabled veterans of any war and | 14 | | their surviving
spouses and orphans;
| 15 | | (13) for expenses of the Department of State Police for | 16 | | duties
performed under this Act;
| 17 | | (14) for the Department of Agriculture for soil surveys | 18 | | and soil and water
conservation purposes;
| 19 | | (15) for the Department of Agriculture for grants to | 20 | | the City of Chicago
for conducting the Chicagofest;
| 21 | | (16) for the State Comptroller for grants and operating | 22 | | expenses authorized by the Illinois Global Partnership | 23 | | Act.
| 24 | | (k) To the extent that monies paid by the Board to the | 25 | | Agricultural
Premium Fund are in the opinion of the Governor in | 26 | | excess of the amount
necessary for the purposes herein stated, |
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| 1 | | the Governor shall notify the
Comptroller and the State | 2 | | Treasurer of such fact, who, upon receipt of
such notification, | 3 | | shall transfer such excess monies from the
Agricultural Premium | 4 | | Fund to the General Revenue Fund.
| 5 | | (Source: P.A. 94-91, Sections 55-135 and 90-10, eff. 7-1-05.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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