There is a newer version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 230 Gaming 230 ILCS 5/ Illinois Horse Racing Act of 1975.
(230 ILCS 5/1) (from Ch. 8, par. 37‑1)
Sec. 1.
This Act shall be known and may be cited as
the "Illinois Horse Racing Act of 1975".
(Source: P.A. 79‑1185.)
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(230 ILCS 5/1.2)
Sec. 1.2.
Legislative intent.
This Act is intended to benefit the people of the State of Illinois by
assisting economic
development and promoting Illinois tourism.
The General Assembly finds and declares it to be the public policy
of the State
of Illinois to:
(a) support and enhance Illinois' horse racing industry, which is a
significant
component within the agribusiness industry;
(b) ensure that Illinois' horse racing industry remains competitive with
neighboring states;
(c) stimulate growth within Illinois' horse racing industry, thereby
encouraging
new investment and development to produce additional tax revenues and to
create additional jobs;
(d) promote the further growth of tourism;
(e) encourage the breeding of thoroughbred and standardbred horses in this
State; and
(f) ensure that public confidence and trust in the credibility and integrity
of
racing operations and the regulatory process is maintained.
(Source: P.A. 91‑40, eff. 6‑25‑99.)
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(2) are planned events;
(3) have similar odds of winning;
(4) occur in similar settings; and
(5) compete with each other for limited gaming | ||
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(b) The General Assembly declares it to be the public policy of this State
to ensure the viability of both horse racing and riverboat aspects of the
Illinois gaming industry.
(Source: P.A. 93‑1067, eff. 1‑15‑05.)
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(230 ILCS 5/2) (from Ch. 8, par. 37‑2)
Sec. 2.
There is hereby created and established an
Illinois Racing Board which shall have the powers and duties specified
in this Act, and also the powers necessary and proper to enable it to
fully and effectively execute all the provisions and purposes of this Act.
The jurisdiction, supervision, powers, and duties of the Board shall
extend under this Act to every person who holds or conducts any meeting within
the State of Illinois
where horse racing is permitted for any stake, purse or reward.
(Source: P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/2.1) (from Ch. 8, par. 37‑2.1)
Sec. 2.1.
Before the Governor or any executive agency of State
government makes any commitment, whether or not legally binding, with
respect to a proposed project for the development or construction of any
new horse racing facility, or for any development or construction on the
site of a former horse racing facility, which commitment will require
legislative action by the General Assembly for its implementation, the
Governor or agency shall first report to the General Assembly on the nature
of the proposed project and commitment, including an indication of the type
of legislative action likely to be required.
In considering such report, the General Assembly may adopt a joint
resolution indicating the sense of the legislature with respect to the
proposal, and the likelihood of its undertaking the legislative action that
will be needed, but such resolution shall not be deemed to bind the General
Assembly, the Governor, or the State of Illinois in any way.
(Source: P.A. 84‑1468.)
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(230 ILCS 5/3) (from Ch. 8, par. 37‑3)
Sec. 3.
As used in this Act, except where the context otherwise
requires, the terms defined in Section 3.01 through 3.23 have the
meanings ascribed to
them in those Sections.
(Source: P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/3.01) (from Ch. 8, par. 37‑3.01)
Sec. 3.01.
"Board" means the Illinois Racing Board.
(Source: P.A. 79‑1185.)
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(230 ILCS 5/3.02) (from Ch. 8, par. 37‑3.02)
Sec. 3.02.
"Breakage" means the odd cents by which
the amount payable on each dollar wagered exceeds a multiple of 10¢.
(Source: P.A. 79‑1185.)
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(230 ILCS 5/3.04) (from Ch. 8, par. 37‑3.04)
Sec. 3.04.
"Director of mutuels" means the individual
representing the Board in the supervision and verification of the pari‑mutuel
wagering pool totals
for each racing day, which verification shall be the basis for
computing State privilege or pari‑mutuel taxes, licensee commissions and
purses.
(Source: P.A. 91‑40, eff. 6‑25‑99.)
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(230 ILCS 5/3.05) (from Ch. 8, par. 37‑3.05)
Sec. 3.05.
"Family" means husband, wife, brother, or sister, parents, and
children.
(Source: P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/3.06) (from Ch. 8, par. 37‑3.06)
Sec. 3.06.
"Horse racing" shall mean any type of horse
racing, including, but not limited to, Arabian, Appaloosa, Harness, Quarter Horse, and
Thoroughbred horse racing.
(a) "Arabian horse racing" means the form of horse racing in which
each participating horse is an Arabian horse (including mare, gelding, colt, and
filly), registered as such with and meeting the requirements of
the Arabian Horse Club Registry of America and approved by
the Arabian Horse Racing Association of America, mounted by a jockey and engaged in
races on the flat over a distance of not less than 1/4 of a mile nor more
than 4 miles.
(b) "Appaloosa horse racing" means the form of horse racing in
which each participating horse is an Appaloosa horse (including mare, gelding,
colt, and
filly), registered as such with and meeting the requirements of and
approved by the Appaloosa Horse Club, mounted by a jockey and engaged
in races on the flat over a distance of not less than 1/4 of a mile nor more than
4 miles.
(c) "Harness horse racing" means the form of horse racing in
which each participating horse is a Harness (also termed Standardbred) horse,
registered as such with and meeting the requirements of and approved by the
United States Trotting Association, and harnessed to a sulky, carriage or
similar vehicle. Harness horse racing shall not include any form of
horse racing where the horses are mounted by jockeys.
(d) "Quarter Horse racing" means the form of horse racing
where each participating horse is a Quarter Horse, registered as such with and meeting
the requirements of and approved by the American Quarter Horse Association,
mounted by a jockey and engaged in a race over a distance less than 1/2 of a mile.
(e) "Thoroughbred horse racing" means the form of horse racing in
which each participating horse is a Thoroughbred horse, registered as
such with and meeting the requirements of and approved by the Jockey Club of New
York (including racing permits issued to foreign Thoroughbred horses), mounted by
a jockey and engaged in races on the flat. Thoroughbred horse racing shall
include a steeplechase or hurdle race.
(Source: P.A. 82‑96.)
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(230 ILCS 5/3.07) (from Ch. 8, par. 37‑3.07)
Sec. 3.07.
"Horse race meeting" or "race meeting" or "meeting"
shall mean the whole period of time, whether consecutive dates or those
instances where
nonconsecutive dates are granted, for which an organization license to race
has been granted to any one organization licensee by the Board.
(Source: P.A. 89‑16. eff. 5‑30‑95.)
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(230 ILCS 5/3.071) (from Ch. 8, par. 37‑3.071)
Sec. 3.071.
"Inter‑track Wagering" means a legal wager on the outcome of a
simultaneously televised
horse race taking place at an Illinois race track placed or accepted at any
location authorized to accept wagers under this Act, excluding the Illinois
race track at which that horse race is being conducted.
(Source: P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/3.072) (from Ch. 8, par. 37‑3.072)
Sec. 3.072.
"Inter‑track wagering licensee" means any organization
licensee receiving a license from the Board to conduct inter‑track wagering
at the organization licensee's race track, or a facility within
300 yards of the organization licensee's race track.
(Source: P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/3.073) (from Ch. 8, par. 37‑3.073)
Sec. 3.073.
"Inter‑track wagering location licensee" means any
organization licensee or person having operating control of a racing
facility at which pari‑mutuel wagering is conducted, receiving a license
from the Board as provided in Section 3.072 of this Act to
conduct inter‑track wagering at a location or locations in addition to those
permitted under Section 3.072 of this Act.
(Source: P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/3.074)
Sec. 3.074.
"Simulcast wagering" means a legal wager placed or accepted at
any location within Illinois
authorized to accept wagers under this Act with respect to the outcome of a
simultaneously televised horse race taking place at a race track outside of
Illinois.
(Source: P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/3.075)
Sec. 3.075.
(a) "Host track" means the organization licensee (i)
conducting live thoroughbred racing between the hours of 6:30 a.m. and 6:30
p.m. from the first day to the last day of its horse racing meet as awarded by
the Board (including all days within that period when no live racing occurs),
except as otherwise provided in subsections (c) and (e) of this Section, or
(ii) conducting live standardbred racing between the hours of 6:30 p.m. to 6:30
a.m. of the following day from the first day to the last day of its horse
racing meet as awarded by the Board (including all days within that period when
no live racing occurs, except as otherwise provided in subsections (b), (d),
and (e) of this Section); provided that the organization licensee conducts live
racing no fewer
than 5 days per week with no fewer than 9 races per
day, unless
a lesser schedule of live racing is the result of (1)
weather, unsafe track conditions, or other acts of God; (2) an agreement
between the organization licensee and the associations representing the largest
number of owners, trainers, and standardbred drivers who race horses at that
organization licensee's race meeting, with
the Board's consent; or (3) a decision by the Board after a public hearing (in
which the associations representing the owners, trainers, jockeys, or
standardbred drivers who race
horses at that organization licensee's race meeting shall participate) either
at the time racing dates are awarded or after those dates are awarded due to
changed financial
circumstances, upon a written petition from the organization licensee,
accompanied by supporting financial data as requested by the Board, stating
that the organization licensee has and will continue to incur significant
financial losses. No organization licensee conducting its race meeting in a
county bordering the Mississippi River and having a population greater than
230,000 may be a host track for its race meeting.
(b) (Blank).
(c) (Blank).
(d) Notwithstanding the provisions of subsection (a) of this Section and
except as otherwise provided in subsection (e) of this Section, in the
event that 2 organization licensees conduct their standardbred race meetings
concurrently on any date after January 1, 1996, between the hours of 6:30
p.m. and 6:30 a.m., the organization licensee awarded the most racing dates
between 6:30 p.m. and 6:30 a.m. during the calendar year in which that
concurrent racing occurs will be deemed the host track, provided that the 2
organization licensees collectively conduct live standardbred racing between
6:30 p.m. and 6:30 a.m. during the week in which concurrent race meetings occur
no less than 5 days per week with no less than 9 races per day. During each
week of the calendar year in which 2 organization licensees are conducting live
standardbred race meetings between 6:30 p.m. and 6:30 a.m., if there is
any day in that week on which only one organization licensee is conducting a
standardbred race meeting between 6:30 p.m. and 6:30 a.m., that organization
licensee shall be the host track provided that the 2 organization licensees
collectively conduct live standardbred racing between 6:30 p.m. and 6:30 a.m.
during the week in which concurrent race meetings occur no less than 5 days per
week with no less than 9 races per day. During each week of the calendar year
in which 2 organization licensees are concurrently conducting live standardbred
race meetings on one or more days between 6:30 p.m. and 6:30 a.m., if there is
any day in that week on which no organization licensee is conducting a
standardbred race meeting between 6:30 p.m. and 6:30 a.m., the organization
licensee conducting a standardbred race meeting during that week and time
period that has been awarded the most racing dates during the calendar year
between 6:30 p.m. and 6:30 a.m. shall be the host track,
provided that the 2 organization licensees collectively conduct live
standardbred racing between 6:30 p.m. and 6:30 a.m. during the week in which
concurrent race meetings occur no less than 5 days per week with no less than 9
races per day. The requirement in this subsection (d) that live racing be
conducted no less than 5 days per week with no less than 9 races per day shall
be subject to exceptions set forth in items (1), (2), and (3) of subsection (a)
of Section 3.075.
(e) During any calendar period in which no organization licensee has been
awarded
a thoroughbred race meeting, the host track, between the hours of 6:30 a.m. and
6:30 p.m. of such period, shall be an organization licensee determined by the
Board, provided the organization licensee has been awarded a thoroughbred race
meeting in the current year and is eligible to be a host track.
(Source: P.A. 91‑40, eff. 6‑25‑99.)
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(230 ILCS 5/3.076)
Sec. 3.076.
"Interstate commission fee" means the fee or commission paid
by an Illinois licensee to receive an interstate simulcast.
(Source: P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/3.077)
Sec. 3.077.
"Non‑host licensee" means a licensee operating concurrently
with a host track.
(Source: P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/3.078)
Sec. 3.078.
"Supplemental interstate simulcast" means an interstate
simulcast race or race programs received by a non‑host licensee in addition to
simulcasts received from a host track.
(Source: P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/3.079)
Sec. 3.079.
"Affiliated non‑host licensee" means a non‑host licensee
owned by the same organization licensee.
(Source: P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/3.080)
Sec. 3.080.
"Simulcast program" means the program of simultaneously
televised horse races, including (i) the signal of any out‑of‑state horse race
selected by the host track subject to the disapproval of the Board, (ii) the
signals of live racing of all organization licensees, which must be included by
the host track; and (iii) the signal of live racing at the DuQuoin and
Springfield State fairs, if mandated by the Board.
(Source: P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/3.08) (from Ch. 8, par. 37‑3.08)
Sec. 3.08.
"Minor" means any individual under the
age of 18 years.
(Source: P.A. 93‑363, eff. 1‑1‑04.)
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(230 ILCS 5/3.09) (from Ch. 8, par. 37‑3.09)
Sec. 3.09.
"Occupation Licensee" means any person who has obtained an occupation
license pursuant to Section 15.
(Source: P.A. 79‑1185.)
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(230 ILCS 5/3.10) (from Ch. 8, par. 37‑3.10)
Sec. 3.10.
(Repealed).
(Source: Repealed by P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/3.11) (from Ch. 8, par. 37‑3.11)
Sec. 3.11.
"Organization Licensee" means any person receiving
an organization license from the Board to conduct a race meeting or meetings.
(Source: P.A. 79‑1185.)
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(230 ILCS 5/3.12) (from Ch. 8, par. 37‑3.12)
Sec. 3.12.
"Pari‑mutuel system of
wagering" means a form of wagering on the outcome of horse races in which
wagers are made in various
denominations on a horse or horses
and
all wagers for each race are pooled and held by a licensee
for distribution in a manner approved by the Board.
(Source: P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/3.13) (from Ch. 8, par. 37‑3.13)
Sec. 3.13.
"Pari‑mutuel pool" or "mutuel pool" or "pool" means the total
money wagered by patrons and held by a licensee under
the
pari‑mutuel system on any horse or horses in a particular race. There is a
separate mutuel pool for win, place and show, and for
each
of the
various forms of betting as defined by the rules and regulations of the
Board. Subject to the prior
consent of the Board, any such pool may be supplemented by a licensee in order
to guarantee a minimum distribution.
(Source: P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/3.14) (from Ch. 8, par. 37‑3.14)
Sec. 3.14.
"Person" means any individual, partnership, corporation,
or other association or entity, trustee or legal representative.
A corporation which is a wholly owned subsidiary of another licensee
corporation shall be deemed a separate person for purposes of this
Act.
(Source: P.A. 81‑1509.)
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(230 ILCS 5/3.15) (from Ch. 8, par. 37‑3.15)
Sec. 3.15.
"Public official" means a person who is a public officer, as
defined in
Section 2‑18 of the Criminal Code of 1961, of the
State or any municipality, county or township.
(Source: P.A. 79‑1185 .)
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(230 ILCS 5/3.16) (from Ch. 8, par. 37‑3.16)
Sec. 3.16.
"Racing" means horse racing.
(Source: P.A. 79‑1185.)
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(230 ILCS 5/3.17) (from Ch. 8, par. 37‑3.17)
Sec. 3.17.
"Racing days" (or dates) are days within a horse race meeting
on which an organization licensee is authorized by the Board to conduct horse
racing.
(Source: P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/3.18) (from Ch. 8, par. 37‑3.18)
Sec. 3.18.
"Executive Director" means the executive
director of the Illinois Racing Board.
(Source: P.A. 84‑531.)
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(230 ILCS 5/3.19) (from Ch. 8, par. 37‑3.19)
Sec. 3.19.
"Stewards" means the steward or stewards representing the Board,
the steward or stewards representing the organization licensee, and any other
steward or stewards whose duty it shall be to supervise any horse race meeting as
may be provided for by rules and regulations of the Board; such rules and
regulations shall specify the number of stewards to be appointed,
the method and manner of their appointment, and their powers, authority
and duties. Stewards shall have the power to administer oaths and affirmations.
(Source: P.A. 83‑589.)
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(230 ILCS 5/3.20)
Sec. 3.20.
"Licensee" means an individual organization licensee, an
inter‑track wagering licensee, or inter‑track wagering location licensee, as
the context of this Act requires.
(Source: P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/3.21)
Sec. 3.21.
"Facilities" means the offices, racetracks and all related
grounds and structures, and other building improvements or fixtures associated
with the activities of a licensee under this Act.
(Source: P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/3.22)
Sec. 3.22.
"Wagering facility" means any location at which a licensee may
accept or receive pari‑mutuel wagers under this Act.
(Source: P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/3.23)
Sec. 3.23.
"Wagering" means, collectively, the pari‑mutuel system of
wagering, inter‑track wagering, and simulcast wagering.
(Source: P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/4) (from Ch. 8, par. 37‑4)
Sec. 4.
The Board shall consist of 11 members to be appointed by
the Governor
with the advice and consent of the Senate, not more than 6 of
whom shall be of the
same political party, and one of whom shall be designated by the Governor
to be chairman.
Each member shall have a reasonable knowledge of harness or thoroughbred
racing practices
and procedure and of the principles of harness or thoroughbred racing and
breeding and,
at the time of his appointment, shall be a resident of the State of Illinois
and shall have
resided therein for a period of at least 5 years next preceding his appointment
and qualification
and he shall be a qualified voter therein and not less than 25 years of age.
(Source: P.A. 91‑798, eff. 7‑9‑00.)
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(230 ILCS 5/5) (from Ch. 8, par. 37‑5)
Sec. 5.
As soon as practicable following the effective date of this
amendatory Act of 1995, the Governor shall appoint, with the advice and consent
of the Senate, members to the Board as follows: 3 members for terms expiring
July 1, 1996; 3 members for terms expiring July 1, 1998; and 3 members for
terms expiring July 1, 2000. Of the 2 additional members appointed pursuant
to this amendatory Act of the 91st General Assembly, the initial term of one
member shall expire on July 1, 2002 and the initial term of the other member
shall expire on July 1, 2004. Thereafter, the terms of office of the Board
members shall be 6 years. Incumbent members on the effective date of this
amendatory Act of 1995 shall continue to serve only until their successors are
appointed and have qualified.
Each member of the Board shall receive $300 per day for each day the Board
meets and for each day the member conducts a hearing pursuant to Section 16 of
this Act, provided that no Board member shall receive more than $5,000 in
such fees during any calendar year, or an amount set by the Compensation Review
Board, whichever is greater. Members of the Board shall
also be reimbursed for all actual and necessary expenses and disbursements
incurred in the
execution of their official duties.
(Source: P.A. 91‑357, eff. 7‑29‑99; 91‑798, eff. 7‑9‑00.)
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(230 ILCS 5/6) (from Ch. 8, par. 37‑6)
Sec. 6.
(a) No person shall be appointed a member of the Board or continue
to be
a member of the Board who is (or any member of whose family is) a member of the
Board of Directors of, or who is a person financially interested in, any
licensee or other person who has applied for racing dates to the
Board, or the operations thereof including, but not
limited to, concessions, data
processing, track maintenance, track security and pari‑mutuel operations,
located, scheduled
or doing business within the State of Illinois, or in any race horse competing
at a meeting
under the Board's jurisdiction. No Board member shall hold any other public
office for which he
shall receive compensation other than necessary travel or other incidental
expenses.
(b) No person shall be a member of the Board who is not of good moral
character or who
has been convicted of, or is under indictment for, a felony under the laws
of Illinois or any
other state, or the United States.
(Source: P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/7) (from Ch. 8, par. 37‑7)
Sec. 7.
Vacancies in the Board shall be filled for the unexpired term
in like manner as original appointments. Each member of the Board shall be
eligible for reappointment in the discretion of the Governor with
the advice and consent of
the Senate.
(Source: P.A. 79‑1185.)
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(230 ILCS 5/8) (from Ch. 8, par. 37‑8)
Sec. 8.
Before entering upon the discharge of the duties
of his office, each member of the Board shall take an oath that he will
faithfully execute the duties of his office according to the laws of the
State and the rules and regulations adopted therewith. Any member of the Board
who fails to take oath
within 30 days from the date of his appointment shall be guilty of
neglect of duty and may be removed by the Governor.
(Source: P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/9) (from Ch. 8, par. 37‑9)
Sec. 9.
The Board shall have all powers necessary and proper to fully and
effectively execute the provisions of this Act, including, but not
limited to, the following:
(a) The Board is vested with jurisdiction and supervision over all race
meetings in this State, over all licensees doing business
in this
State, over all occupation licensees, and over all persons on the
facilities of any licensee. Such jurisdiction shall
include the power to issue licenses to the Illinois Department of
Agriculture authorizing the pari‑mutuel system of wagering
on harness and Quarter Horse races held (1) at the Illinois State Fair in
Sangamon County, and (2) at the DuQuoin State Fair in Perry County. The
jurisdiction of the Board shall also include the power to issue licenses to
county fairs which are eligible to receive funds pursuant to the
Agricultural Fair Act, as now or hereafter amended, or their agents,
authorizing the pari‑mutuel system of wagering on horse
races
conducted at the county fairs receiving such licenses. Such licenses shall be
governed by subsection (n) of this Section.
Upon application, the Board shall issue a license to the Illinois Department
of Agriculture to conduct harness and Quarter Horse races at the Illinois State
Fair and at the DuQuoin State Fairgrounds
during the scheduled dates of each fair. The Board shall not require and the
Department of Agriculture shall be exempt from the requirements of Sections
15.3, 18 and 19, paragraphs (a)(2), (b), (c), (d), (e), (e‑5), (e‑10), (f),
(g), and (h) of Section 20, and Sections 21, 24 and 25. The Board and the Department
of
Agriculture may extend any or all of these exemptions to any contractor or
agent engaged by the Department of Agriculture to conduct its race meetings
when the Board determines that this would best serve the public interest and
the interest of horse racing.
Notwithstanding any provision of law to the contrary, it shall be lawful for
any licensee to operate pari‑mutuel wagering
or
contract with the Department of Agriculture to operate pari‑mutuel wagering at
the DuQuoin State Fairgrounds or for the Department to enter into contracts
with a licensee, employ its owners,
employees
or
agents and employ such other occupation licensees as the Department deems
necessary in connection with race meetings and wagerings.
(b) The Board is vested with the full power to promulgate reasonable
rules and regulations for the purpose of administering the provisions of
this Act and to prescribe reasonable rules, regulations and conditions
under which all horse race meetings or wagering in the State shall be
conducted. Such reasonable rules and regulations are to provide for the
prevention of practices detrimental to the public interest and to promote the best
interests of horse racing and to impose penalties for violations thereof.
(c) The Board, and any person or persons to whom it delegates
this power, is vested with the power to enter the facilities and other places of business of any licensee to determine whether there has been compliance with
the provisions of this Act and its rules and regulations.
(d) The Board, and any person or persons to whom it delegates this
power, is vested with the authority to investigate alleged violations of
the provisions of this Act, its reasonable rules and regulations, orders
and final decisions; the Board shall take appropriate disciplinary action
against any licensee or occupation licensee for violation
thereof or
institute appropriate legal action for the enforcement thereof.
(e) The Board, and any person or persons to whom it delegates this power,
may eject or exclude from any race meeting or
the facilities of any licensee, or any part
thereof, any occupation licensee or any
other individual whose conduct or reputation is such that his presence on
those facilities may, in the opinion of the Board, call into question
the honesty and integrity of horse racing or wagering or interfere with the
orderly
conduct of horse racing or wagering; provided, however, that no person
shall be
excluded or ejected from the facilities of any licensee solely on the grounds of
race, color, creed, national origin, ancestry, or sex. The power to eject
or exclude an occupation licensee or other individual may
be exercised for just cause by the licensee or the Board, subject to subsequent hearing by the
Board as to the propriety of said exclusion.
(f) The Board is vested with the power to acquire,
establish, maintain and operate (or provide by contract to
maintain and operate) testing laboratories and related facilities,
for the purpose of conducting saliva, blood, urine and other tests on the
horses run or to be run in any horse race meeting and to purchase all
equipment and supplies deemed necessary or desirable in connection with
any such testing laboratories and related facilities and all such tests.
(g) The Board may require that the records, including financial or other
statements of any licensee or any person affiliated with the licensee who is
involved directly or indirectly in the activities of any licensee as regulated
under this Act to the extent that those financial or other statements relate to
such activities be kept in
such manner as prescribed by the Board, and that Board employees shall have
access to those records during reasonable business
hours. Within 120 days of the end of its fiscal year, each licensee shall
transmit to
the Board
an audit of the financial transactions and condition of the licensee's total
operations. All audits shall be conducted by certified public accountants.
Each certified public accountant must be registered in the State of Illinois
under the Illinois Public Accounting Act. The compensation for each certified
public accountant shall be paid directly by the licensee to the certified
public accountant. A licensee shall also submit any other financial or related
information the Board deems necessary to effectively administer this Act and
all rules, regulations, and final decisions promulgated under this Act.
(h) The Board shall name and appoint in the manner provided by the rules
and regulations of the Board: an Executive Director; a State director
of mutuels; State veterinarians and representatives to take saliva, blood,
urine and other tests on horses; licensing personnel; revenue
inspectors; and State seasonal employees (excluding admission ticket
sellers and mutuel clerks). All of those named and appointed as provided
in this subsection shall serve during the pleasure of the Board; their
compensation shall be determined by the Board and be paid in the same
manner as other employees of the Board under this Act.
(i) The Board shall require that there shall be 3 stewards at each horse
race meeting, at least 2 of whom shall be named and appointed by the Board.
Stewards appointed or approved by the Board, while performing duties
required by this Act or by the Board, shall be entitled to the same rights
and immunities as granted to Board members and Board employees in Section
10 of this Act.
(j) The Board may discharge any Board employee
who fails or refuses for any reason to comply with the rules and
regulations of the Board, or who, in the opinion of the Board,
is guilty of fraud, dishonesty or who is proven to be incompetent.
The Board shall have no right or power to determine who shall be officers,
directors or employees of any licensee, or their salaries
except the Board may, by rule, require that all or any officials or
employees in charge of or whose duties relate to the actual running of
races be approved by the Board.
(k) The Board is vested with the power to appoint
delegates to execute any of the powers granted to it under this Section
for the purpose of administering this Act and any rules or regulations
promulgated in accordance with this Act.
(l) The Board is vested with the power to impose civil penalties of up to
$5,000 against an individual and up to $10,000 against a
licensee for each
violation of any provision of this Act, any rules adopted by the Board, any
order of the Board or any other action which, in the Board's discretion, is
a detriment or impediment to horse racing or wagering.
(m) The Board is vested with the power to prescribe a form to be used
by licensees as an application for employment for employees of
each licensee.
(n) The Board shall have the power to issue a license
to any county fair, or its
agent, authorizing the conduct of the pari‑mutuel system of
wagering. The Board is vested with the full power to promulgate
reasonable rules, regulations and conditions under which all horse race
meetings licensed pursuant to this subsection shall be held and conducted,
including rules, regulations and conditions for the conduct of the
pari‑mutuel system of wagering. The rules, regulations and
conditions shall provide for the prevention of practices detrimental to the
public interest and for the best interests of horse racing, and shall
prescribe penalties for violations thereof. Any authority granted the
Board under this Act shall extend to its jurisdiction and supervision over
county fairs, or their agents, licensed pursuant to this subsection.
However, the Board may waive any provision of this Act or its rules or
regulations which would otherwise apply to such county fairs or their agents.
(o) Whenever the Board is authorized or
required by law to consider some aspect of criminal history record
information for the purpose of carrying out its statutory powers and
responsibilities, then, upon request and payment of fees in conformance
with the requirements of Section 2605‑400 of
the Department of State Police Law (20 ILCS 2605/2605‑400), the Department of State Police is
authorized to furnish, pursuant to positive identification, such
information contained in State files as is necessary to fulfill the request.
(p) To insure the convenience, comfort, and wagering accessibility of
race track patrons, to provide for the maximization of State revenue, and
to generate increases in purse allotments to the horsemen, the Board shall
require any licensee to staff the pari‑mutuel department with
adequate personnel.
(Source: P.A. 91‑239, eff. 1‑1‑00.)
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(230 ILCS 5/10) (from Ch. 8, par. 37‑10)
Sec. 10.
Any Board member or Board employee who
is subject to any civil action arising from any act executed by him while serving
as a Board member or Board employee shall be represented by the Attorney General.
All costs of defending such law suit and satisfaction of any judgment rendered
against a Board member or Board employee shall be incurred by the Board. Any
Board member or Board employee is entitled to the
benefit of this Section provided the act was committed in good faith.
(Source: P.A. 79‑1185.)
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(230 ILCS 5/11) (from Ch. 8, par. 37‑11)
Sec. 11.
(Repealed).
(Source: Repealed by P.A. 88‑495.)
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(230 ILCS 5/12) (from Ch. 8, par. 37‑12)
Sec. 12.
(a) Board members shall employ under the "Personnel
Code", as now or hereafter amended, such representatives, accountants,
clerks, stenographers, inspectors, and other
employees as may be necessary. No person shall be appointed or hold
any office or position under the Board who, or any member of whose family, is:
(1) an official of, or has any financial or | ||
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(2) an owner, trainer, jockey, or harness driver of | ||
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(b) Any employee violating the prohibitions set forth
in subsection (a) of this Section shall be subject
to the termination of his or her employment. If the Board determines that
an employee is in violation of subsection (a) of this Section and should be
discharged, it must observe the procedures outlined in the "Personnel
Code", as now or hereafter amended, as they apply to discharge proceedings.
(c) No person employed by the Board during the 12 months preceding the
effective date of this Act shall be terminated from employment due to a
violation
of the prohibitions set forth in subsection (a) of this Section.
(Source: P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/12.1) (from Ch. 8, par. 37‑12.1)
Sec. 12.1.
(a) The General Assembly finds that the Illinois Racing
Industry does not include a fair proportion of minority or female workers.
Therefore, the General Assembly urges that the job training institutes, trade
associations and employers involved in the Illinois Horse Racing Industry
take affirmative action to encourage equal employment opportunity to all
workers regardless of race, color, creed or sex.
Before an organization license, inter‑track wagering license or
inter‑track wagering location license can be granted, the applicant for any
such license shall execute and file with the Board a good faith affirmative
action plan to recruit, train and upgrade minorities and females in all
classifications with the applicant for license. One year after issuance of
any such license, and each year thereafter, the licensee shall file a
report with the Board evidencing and certifying compliance with the
originally filed affirmative action plan.
(b) At least 10% of the total amount of all State contracts for the
infrastructure improvement of any race track grounds in this State shall be let
to minority owned businesses or female owned businesses. "State contract",
"minority owned business" and "female owned business" shall have the meanings
ascribed to them under the Business Enterprise for Minorities, Females, and
Persons with Disabilities Act.
(Source: P.A. 92‑16, eff. 6‑28‑01.)
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(230 ILCS 5/13) (from Ch. 8, par. 37‑13)
Sec. 13.
The executive director shall perform any and
all duties that the Board shall assign him. The salary of the executive
director shall be determined by the Board and, in addition, he shall be
reimbursed for all actual and necessary expenses incurred by him in
discharge of his official duties. The executive director shall keep records
of all proceedings of the Board and shall preserve all records, books,
documents and other papers belonging to the Board or entrusted to its care.
The executive director shall
devote his full time to the duties of the office and shall not hold any
other office or employment.
(Source: P.A. 84‑531.)
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(230 ILCS 5/14) (from Ch. 8, par. 37‑14)
Sec. 14.
(a) The Board shall hold regular and special meetings at such
times and places as may be necessary to perform properly and effectively all
duties required under this Act. A majority of the members of the Board shall
constitute a quorum for the transaction of any business, for the performance of
any duty, or for the exercise of any power which this Act requires the Board
members to transact, perform or exercise en banc, except that upon order of the
Board one of the Board members may conduct the hearing provided in Section 16.
The Board member conducting such hearing shall have all powers and rights
granted to the Board in this Act. The record made at the hearing shall be
reviewed by the Board, or a majority thereof, and the findings and decision of
the majority of the Board shall constitute the order of the Board in such case.
(b) The Board shall obtain a court reporter who will be present at each
regular and special meeting and proceeding and who shall make accurate
transcriptions thereof except that when in the judgment of the Board an
emergency situation requires a meeting by teleconference, the executive
director shall prepare minutes of the meeting indicating the date and time of
the meeting and which members of the Board were present or absent, summarizing
all
matters proposed, deliberated, or decided at the meeting, and indicating the
results of all votes taken. The public shall be allowed to listen to the
proceedings of that meeting at all Board branch offices.
(c) The Board shall provide records which are separate and
distinct from the records of any other State board or commission. Such
records shall be available for public inspection and shall accurately reflect
all Board proceedings.
(d) The Board shall file a written annual report with the Governor on or
before March 1 each year and such additional reports as the Governor may
request. The annual report shall include a statement of receipts and
disbursements by the Board, actions taken by the Board, a report on the
industry's progress toward the policy objectives established in Section 1.2 of
this Act, and any
additional
information and recommendations which the Board may deem valuable or which the
Governor may request.
(e) The Board shall maintain a branch office on the ground of every
organization licensee during the organization licensee's race meeting, which
office shall be kept open throughout the time the race meeting is held. The
Board shall designate one of its members, or an authorized agent of the Board
who shall have the authority to act for the Board, to be in charge of the
branch office during the time it is required to be kept open.
(Source: P.A. 91‑40, eff. 6‑25‑99.)
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(230 ILCS 5/14a) (from Ch. 8, par. 37‑14a)
Sec. 14a.
The Board may employ hearing officers qualified by professional
training or previous experience according to rules established by the Board.
The Board shall also establish rules providing for the disqualification of
hearing officers for bias or conflict of interest. Such hearing officers
shall, under the
direction of the Board, take testimony of witnesses, examine accounts, records,
books, papers and facilities, either by holding
hearings or making
independent investigations, in any matter referred to them by the Board;
and make report thereof to the Board, and attend at hearings before the
Board when so directed by the Board, for the purpose of explaining their
investigations and the result thereof to the Board and the parties interested;
and perform such other duties as the Board may direct, subject to its orders.
The Board may make final administrative decisions based upon reports presented
to it and investigations and hearings conducted by hearing officers.
(Source: P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/15) (from Ch. 8, par. 37‑15)
Sec. 15.
(a) The Board shall, in its discretion, issue occupation
licenses
to horse owners, trainers, harness drivers, jockeys, agents, apprentices,
grooms, stable foremen, exercise persons, veterinarians, valets, blacksmiths,
concessionaires and others designated by the Board whose work, in whole or in
part, is conducted upon facilities within the State. Such occupation licenses
will
be obtained prior to the
persons engaging in their vocation upon such facilities. The
Board shall not license pari‑mutuel clerks, parking attendants, security
guards and employees of concessionaires. No occupation license shall be
required of
any person who works at facilities within this
State as a pari‑mutuel
clerk, parking attendant, security guard or as an employee of a concessionaire.
Concessionaires of the Illinois State Fair and DuQuoin State Fair and
employees of the Illinois Department of Agriculture shall not be required to
obtain an occupation license by the Board.
(b) Each application for an occupation license shall be on forms
prescribed by the Board. Such license, when issued, shall be for the
period ending December 31 of each year, except that the Board in its
discretion may grant 3‑year licenses. The application shall
be accompanied
by a fee of not more than $25 per year
or, in the case of 3‑year occupation
license
applications, a fee of not more than $60. Each applicant shall set forth in
the application his full name and address, and if he had been issued prior
occupation licenses or has been licensed in any other state under any other
name, such name, his age, whether or not a permit or license issued to him
in any other state has been suspended or revoked and if so whether such
suspension or revocation is in effect at the time of the application, and
such other information as the Board may require. Fees for registration of
stable names shall not exceed $50.00.
(c) The Board may in its discretion refuse an occupation license
to any person:
(1) who has been convicted of a crime;
(2) who is unqualified to perform the duties | ||
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(3) who fails to disclose or states falsely any | ||
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(4) who has been found guilty of a violation of this | ||
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(5) whose license or permit has been suspended, | ||
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(d) The Board may suspend or revoke any occupation license:
(1) for violation of any of the provisions of this | ||
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(2) for violation of any of the rules or regulations | ||
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(3) for any cause which, if known to the Board, | ||
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(4) for any other just cause.
(e)
Each applicant shall submit his or her fingerprints to the
Department
of State Police in the form and manner prescribed by the Department of State
Police. These fingerprints shall be checked against the fingerprint records
now and hereafter filed in the Department of State
Police and Federal Bureau of Investigation criminal history records
databases. The Department of State Police shall charge
a fee for conducting the criminal history records check, which shall be
deposited in the State Police Services Fund and shall not exceed the actual
cost of the records check. The Department of State Police shall furnish,
pursuant to positive identification, records of conviction to the Board.
Each applicant for licensure shall submit with his occupation
license
application, on forms provided by the Board, 2 sets of his fingerprints.
All such applicants shall appear in person at the location designated by
the Board for the purpose of submitting such sets of fingerprints; however,
with the prior approval of a State steward, an applicant may have such sets
of fingerprints taken by an official law enforcement agency and submitted to
the Board.
(f) The Board may, in its discretion, issue an occupation license without
submission of fingerprints if an applicant has been duly licensed in another
recognized racing jurisdiction after submitting fingerprints that were
subjected to a Federal Bureau of Investigation criminal history background
check
in
that jurisdiction.
(Source: P.A. 93‑418, eff. 1‑1‑04.)
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(230 ILCS 5/15.1) (from Ch. 8, par. 37‑15.1)
Sec. 15.1.
Upon collection of the fee accompanying the application for
an occupation license, the Board shall be authorized to make daily
temporary deposits of the fees, for a period not to exceed 7 days, with the
horsemen's bookkeeper at a race meeting. The horsemen's bookkeeper shall
issue a check, payable to the order of the Illinois Racing Board, for
monies deposited under this Section within 24 hours of receipt of the
monies. Provided however, upon the issuance of the check by the horsemen's
bookkeeper the check shall be deposited in the State Treasury in accordance
with the provisions of the "State Officers and Employees Money Disposition
Act", approved June 9, 1911, as amended.
(Source: P.A. 84‑432.)
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(230 ILCS 5/15.2) (from Ch. 8, par. 37‑15.2)
Sec. 15.2.
(a) No pari‑mutuel clerk, parking attendant or security
guard employed by a
licensee at a wagering facility shall commit any of the following acts:
theft; fraud; wagering during the course of employment; touting;
bookmaking; or any other act which is detrimental to the best interests of
racing in Illinois. For purposes of this Section:
(1) "Theft" means the act of knowingly:
(A) obtaining or exerting unauthorized control | ||
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(B) by deception obtaining control over patron | ||
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(2) "Fraud" means the act of knowingly providing | ||
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(3) "Wagering" means the act of placing a wager at a | ||
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(4) "Touting" means the act of soliciting anything | ||
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(5) "Bookmaking" means the act of accepting a wager | ||
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(b) A licensee, or occupation licensee upon receiving information that a
pari‑mutuel clerk, parking attendant or security guard in his employ
has been accused of committing any act prohibited by subsection (a) of this
Section shall:
(1) give immediate written notice of such accusation | ||
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(2) give written notice of such accusation within a | ||
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The Board may impose a civil penalty authorized by subsection (l) of
Section 9 of this Act against a licensee or
occupation licensee who fails to give
any notice required by this subsection.
(c) Upon receiving the notice required by subsection (b) of this
Section the stewards shall conduct an inquiry into the matter.
If the stewards determine that the accused has committed any of the acts
prohibited by subsection (a) of this Section, they may exclude the accused
or declare that person ineligible for employment at any pari‑mutuel race
meeting or wagering facility under the jurisdiction of the
Board. A person so excluded or declared ineligible for employment may
request a hearing before the Board as provided in Section 16 of this Act.
(Source: P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/15.3) (from Ch. 8, par. 37‑15.3)
Sec. 15.3.
Any person who makes application for an employment position
as a pari‑mutuel clerk, parking attendant or security guard with a licensee, where such position would involve work conducted
in
whole or in part at a wagering facility within this State shall be required to fill out an employment
application form prescribed by the Illinois Racing Board. Such application
form shall require the applicant to state the following:
(a) whether the applicant has ever been convicted of a felony offense
under the laws of this State, the laws of any other state, or the laws of
the United States;
(b) whether the applicant has ever been convicted of a misdemeanor
offense under the laws of this State, the laws of any other state, or the
laws of the United States, which offense involved dishonesty, fraud,
deception or moral turpitude;
(c) whether the applicant has ever been excluded by the Board or any
other jurisdiction where wagering is conducted;
(d) whether the applicant has ever committed an act of touting,
bookmaking, theft, or fraud, as
those terms are defined in Section 15.2 of this Act; and
(e) any other information that the Board may deem necessary to carry out
the purposes of Public Act 84‑1468.
The applicant shall sign the application form and certify that, under the
penalties of perjury of this State, the statements set forth in the
application form are true and correct.
The licensee shall, upon its decision to hire the applicant,
forward a copy of the application form to the Board. The Board shall review
the application form immediately upon receipt.
The Board's review of the application form shall include an inquiry as to
whether the applicant has been accused of any of the acts prohibited under
Section 15.2 of this Act and, if the Board does find that the applicant has
been so accused, it shall conduct an investigation to determine whether, by
a standard of reasonable certainty, the applicant committed the act. If the
Board determines that the applicant did commit any of the acts prohibited
under that Section, it may exclude the applicant or declare that the
applicant is ineligible for employment.
The Board may declare an applicant ineligible for employment if it finds
that the applicant has been previously excluded by the Board. In making
such a declaration, the Board shall consider: (a) the reasons the applicant
had been previously excluded; (b) the period of time that has elapsed since
the applicant was excluded; and (c) how the previous exclusion relates to
the applicant's ability to perform the duties of the employment position
for which he or she is applying.
When the Board excludes an applicant or declares an applicant ineligible
for employment, it shall immediately notify such applicant and the licensee of its action. A person so excluded or declared
ineligible for employment may request a hearing before the Board in
accordance with Section 16 of this Act.
No licensee may employ a pari‑mutuel clerk, parking attendant
or security guard at a wagering facility after
such licensee has been notified
that such person has been declared ineligible by the Board.
Nothing herein shall be construed to limit the Board's exclusionary
authority under Section 16.
Sections
15.2 and 15.3 of this Act shall
apply to any person who holds an employment position as a
pari‑mutuel clerk, parking attendant, or security guard subsequent to
July 1,
1987 with a licensee.
All such employees employed prior to July 1, 1987 shall be
required to file employment
applications with the Board, and the information required under
subparagraphs (a) through (e) of this Section pertaining to conduct or
activities prior to July 1, 1987 shall
only be used by the Board in its determination to exclude an applicant or
its declaration that an applicant is ineligible for employment based on
conduct that occurs after July 1, 1987.
(Source: P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/15.4) (from Ch. 8, par. 37‑15.4)
Sec. 15.4.
The Board shall take disciplinary action authorized by
subsection (d) of Section 9 of this Act or impose a civil penalty
authorized by subsection (1) of Section 9 of this Act against any licensee
which requires, as a condition precedent to
employment, membership in any labor organization or association. Nothing
in this Section shall prohibit an agreement between a labor organization
or association and any such licensee which requires that, once employed, an
employee be a member of the labor organization or association.
(Source: P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/16) (from Ch. 8, par. 37‑16)
Sec. 16.
(a) The Board shall, in accordance with Section 15, have the
power to revoke or suspend an occupation license, and the steward or judges
at a race meeting shall have the power to suspend an occupation license of
any horse owner, trainer, harness driver, jockey, agent, apprentice,
groom, stable foreman, exercise boy, veterinarian, valet, blacksmith or
concessionaire whose work, in whole or in part, is conducted at facilities within the State, or to determine the eligibility for employment at a
wagering facility of a
pari‑mutuel clerk, parking attendant or security guard.
The Illinois Administrative Procedure Act shall not apply to the actions of
the Board or of the stewards or judges at a race meeting, and those actions
shall instead be subject to the procedures outlined in subsections (b) through
(e) of this Section.
The Board may refuse to issue or may suspend the occupation license of
any person who fails to file a return, or to pay the tax, penalty or
interest shown in a filed return, or to pay any final assessment of tax,
penalty or interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the requirements of any
such tax Act are satisfied.
(b) In the event the Board, for violation of the provisions of this Act
or the rules and regulations of the Board or other just cause, refuses,
revokes or suspends an occupation license, or a steward or the judges at
any race meeting suspend an occupation license of any horse owner, trainer,
harness driver, jockey, agent, apprentice, groom, stable foreman, exercise
person, veterinarian, valet, blacksmith, concessionaire or other occupation
licensee whose work, in whole or in part is conducted at facilities within the State and owned by a licensee, or
declare a person ineligible for employment, then the occupation license of
the person or his eligibility for employment shall be suspended pending a
hearing of the Board.
(c) The person affected by such action at any race meeting may request a
hearing before the Board within 5 days after receipt of notice of the
suspension from the Board, the steward or the judges at any race meeting.
The hearing shall be held by the Board within 7 days after such request has
been received by the Board. Any action of a steward or the judges with
respect to any occupation license or eligibility for employment may be
heard by the Board on its own motion by giving the aggrieved party at least
3 days' notice in writing of the time and place of the hearing.
(d) All hearings by the Board under this Section shall be
held at such place in the State as the Board may designate and any notice
provided for shall be served by mailing it postage prepaid by certified
mail to the parties affected. Any such notice so mailed is deemed to have
been served on the business day next following the date of such mailing.
(e) The Board in conducting such hearings shall not be bound by technical
rules of evidence, but all evidence offered before the Board shall be
reduced to writing and shall, with petition and exhibits, if any, and the
findings of the Board, be permanently preserved and constitute the record
of the Board in such case. The Board may require that appellants bear
reasonable costs of the production of hearing transcripts. Any of the
parties affected in such hearing may be represented by counsel and
introduce evidence. At the request of the Board, the Attorney General
shall assist and participate in the conduct of such hearing.
(f) Every member of the Board has the power to administer oaths and
affirmations, certify all official acts, issue subpoenas, compel the
attendance and testimony of witnesses and the production of papers, books,
accounts, and documents.
(g) Any person who is served with a subpoena (issued by the Board or any
member thereof) to appear and testify, or to produce books, papers,
accounts or documents in the course of an inquiry or hearing conducted
under this Act, and who refuses or neglects to appear or to testify or to
produce books, papers, accounts and documents relative to the hearings as
commanded in such subpoenas, may be punished by the Circuit Court in the
county where the violation is committed in the same manner as the Circuit
Court may punish such refusal or neglect in a case filed in court.
(h) In case of disobedience to a subpoena, the Board
may petition the Circuit Court in the county where the violation
was committed for an order requiring the attendance and testimony of
witnesses or the production of documentary evidence or both. A copy of
such petition shall be served by personal notice or by registered or
certified mail upon the person who has failed to obey that subpoena, and
such person shall be advised in writing that a hearing upon the petition
will be requested in a court room to be designated in that notice before
the judge occupying the courtroom on a specified date and at a specified time.
(i) The court, upon the filing of such a petition, may order the person
refusing to obey the subpoena to appear before the Board at a designated
time, or to there produce documentary evidence, if so ordered, or to give
evidence relating to the subject matter of the hearing. Any failure to
obey such order of the Circuit Court may be punished
by that court as a civil or criminal contempt upon itself.
(j) The Board, any member thereof or any applicant may, in connection
with any hearing before the Board, cause the deposition of witnesses within
or without the State to be taken on oral or written interrogatories in the
manner prescribed for depositions in the courts of this State.
(k) At the conclusion of such hearing, the Board shall make its findings
which shall be the basis of the refusal, suspension or revocation of the
occupation license or other action taken by the Board. Such findings and
the action of the Board shall be final. However, the action of the Board
and the propriety thereof are subject to review under Section 46.
(Source: P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/17) (from Ch. 8, par. 37‑17)
Sec. 17.
No person shall hold or conduct a horse race meeting except at a
State, county, township, agricultural or other fair without a valid and
unrevoked
organization license issued under this Act authorizing the holding of such
meeting.
No licensee shall conduct
wagering at a wagering facility without a valid and unrevoked license issued
under this Act authorizing the conduct of
wagering.
(Source: P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/18) (from Ch. 8, par. 37‑18)
Sec. 18.
(a) Together with its application, each applicant for racing dates
shall deliver to the Board a certified check or bank draft payable to the order
of the Board for $1,000. In the event the applicant applies for racing dates
in 2 or 3 successive calendar years as provided in subsection (b) of Section
21, the fee shall be $2,000. Filing fees shall not be refunded in the event
the application is denied.
(b) In addition to the filing fee of $1000 and the fees provided in
subsection (j) of Section 20, each organization licensee shall pay a license
fee of $100 for each racing program on which its daily pari‑mutuel handle is
$400,000 or more but less than $700,000, and a license fee of $200 for each
racing program on which its daily pari‑mutuel handle is $700,000 or more.
The
additional fees required to be paid under this Section by this amendatory Act
of 1982 shall be remitted by the organization licensee to the Illinois Racing
Board with each day's graduated privilege tax or pari‑mutuel tax and
breakage as provided under
Section 27.
(c) Sections 11‑42‑1, 11‑42‑5, and 11‑54‑1 of the "Illinois Municipal Code,"
approved May 29, 1961, as now or hereafter amended, shall not apply to any
license under this Act.
(Source: P.A. 91‑40, eff. 6‑25‑99.)
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(230 ILCS 5/19) (from Ch. 8, par. 37‑19)
Sec. 19.
(a) No organization license may be granted to conduct a
horse race meeting:
(1) except as provided in subsection (c) of Section | ||
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(2) to any person in default in the payment of any | ||
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(3) to any person who has been convicted of the | ||
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(4) to any person who does not at the time of | ||
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(b) Horse racing on Sunday shall be prohibited unless authorized by
ordinance or referendum of the municipality in which a race track or any
of its appurtenances or facilities are located, or utilized.
(c) If any person is ineligible to receive an
organization
license because of any of the matters set forth in subsection (a) (2) or
subsection (a) (3) of this Section, any other or separate person that
either (i) controls, directly or indirectly, such ineligible person
or (ii) is controlled, directly or indirectly, by such ineligible
person or by a person which controls, directly or indirectly, such
ineligible person shall also be ineligible.
(Source: P.A. 88‑495; 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/20) (from Ch. 8, par. 37‑20)
Sec. 20.
(a) Any person desiring to conduct a horse race meeting may
apply to the Board for an organization license. The application shall be
made on a form prescribed and furnished by the Board. The application shall
specify:
(1) the dates on which it intends to conduct the | ||
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(2) the hours of each racing day between which it | ||
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(3) the location where it proposes to conduct the | ||
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(4) any other information the Board may reasonably | ||
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(b) A separate application for an organization license shall be filed
for each horse race meeting
which such person proposes to hold. Any such application, if made by an
individual, or by any individual as trustee, shall be
signed and verified under oath by such individual. If
made by individuals or a partnership, it shall be signed and
verified under oath by at least 2 of such individuals or members of such
partnership as the case may be. If made by an association, corporation,
corporate trustee or any other entity, it shall be signed by the president
and attested by the secretary or assistant secretary under the seal
of such association, trust or corporation if it has a seal, and shall
also be verified under oath by one of the signing officers.
(c) The application shall specify the name of the
persons, association, trust, or corporation making such application and the
post office address of the applicant; if the applicant is a trustee, the
names and addresses of the beneficiaries; if a corporation, the names and
post office addresses of all officers, stockholders and directors; or if
such
stockholders hold stock as a nominee or fiduciary, the names and post
office addresses of these persons, partnerships, corporations, or trusts
who are the beneficial owners thereof or who are beneficially interested
therein; and if a partnership, the names and post office addresses of all
partners, general or limited; if the applicant is a corporation, the name
of the state of its incorporation shall be specified.
(d) The applicant shall execute and file with the Board a good faith
affirmative action plan to recruit, train, and upgrade minorities in all
classifications within the association.
(e) With such
application there shall be delivered to the Board a
certified check or bank draft payable to the order of the Board for an
amount equal to $1,000. All applications for
the issuance of an organization license shall be filed with the Board before
August 1 of the year prior to the year for which application is made and shall be acted
upon by the Board at a meeting to be held on such date as shall be fixed
by the Board during the last 15 days of September of such prior year.
At such meeting, the Board shall announce
the award of the racing meets, live racing schedule, and designation of host
track to the applicants and its approval or disapproval of each
application. No announcement shall
be considered binding until a formal order is executed by the Board, which
shall be executed no later than October 15 of that prior year.
Absent the agreement of
the affected organization licensees, the Board shall not grant overlapping
race meetings to 2 or more tracks that are within 100 miles of each
other to conduct the thoroughbred racing.
(e‑5) In reviewing an application for the purpose of granting an
organization license consistent with
the best interests of the public and the
sport of horse racing, the Board shall consider:
(1) the character, reputation, experience, and | ||
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(i) controls the applicant, directly or | ||
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(ii) is controlled, directly or indirectly, by | ||
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(2) the applicant's facilities or proposed | ||
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(3) the total revenue without regard to Section 32.1 | ||
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(4) the applicant's good faith affirmative action | ||
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(5) the applicant's financial ability to purchase | ||
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(6) the applicant's proposed and prior year's | ||
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(7) an agreement, if any, among organization | ||
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(8) the extent to which the applicant exceeds or | ||
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In granting organization licenses and allocating dates for horse race
meetings, the Board shall have discretion to determine an overall schedule,
including required simulcasts of Illinois races by host tracks that will, in
its judgment, be conducive to the best interests of
the public and the sport of horse racing.
(e‑10) The Illinois Administrative Procedure Act shall apply to
administrative procedures of the Board under this Act for the granting of an
organization license, except that (1) notwithstanding the provisions of
subsection (b) of Section 10‑40 of the Illinois Administrative Procedure Act
regarding cross‑examination, the
Board may prescribe rules limiting the right of an applicant or participant in
any proceeding to award an organization license to conduct cross‑examination of
witnesses at that proceeding where that cross‑examination would unduly obstruct
the timely award of an organization license under subsection (e) of Section 20
of this Act; (2) the provisions of Section 10‑45 of the Illinois Administrative
Procedure Act regarding proposals for decision are excluded under this Act; (3)
notwithstanding the provisions of subsection (a) of Section 10‑60 of the
Illinois Administrative Procedure Act regarding ex parte communications, the
Board may prescribe rules allowing ex parte communications with applicants or
participants in a proceeding to award an organization license where conducting
those communications would be in the best interest of racing, provided all
those communications are made part of the record of that proceeding pursuant
to subsection (c) of Section 10‑60 of the Illinois Administrative
Procedure Act; (4) the provisions of Section 14a of this Act and the rules of
the Board promulgated under that Section shall apply instead of the provisions
of Article 10 of the Illinois Administrative Procedure Act regarding
administrative law judges; and (5) the provisions of subsection (d)
of Section 10‑65 of the Illinois Administrative Procedure Act that prevent
summary suspension of a license pending revocation or other action shall not
apply.
(f) The Board may allot racing dates to an organization licensee for more
than one calendar year but for no more than 3 successive calendar years in
advance, provided that the Board shall review such allotment for more than
one calendar year prior to each year for which such allotment has been
made. The granting of an organization license to a person constitutes a
privilege to conduct a horse race meeting under the provisions of this Act, and
no person granted an organization license shall be deemed to have a vested
interest, property right, or future expectation to receive an organization
license in any subsequent year as a result of the granting of an organization
license. Organization licenses shall be subject to revocation if the
organization licensee has violated any provision of this Act
or the rules and regulations promulgated under this Act or has been convicted
of a crime or has failed to disclose or has stated falsely any information
called for in the application for an organization license. Any
organization license revocation
proceeding shall be in accordance with Section 16 regarding suspension and
revocation of occupation licenses.
(f‑5) If, (i) an applicant does not file an acceptance of the racing dates
awarded by the Board as required under part (1) of subsection (h) of this
Section 20, or (ii) an organization licensee has its license suspended or
revoked under this Act, the Board, upon conducting an emergency hearing as
provided for in this Act, may reaward on an emergency basis pursuant to
rules established by the Board, racing dates not accepted or the racing
dates
associated with any suspension or revocation period to one or more organization
licensees, new applicants, or any combination thereof, upon terms and
conditions that the Board determines are in the best interest of racing,
provided, the organization licensees or new applicants receiving the awarded
racing dates file an acceptance of those reawarded racing dates as
required under paragraph (1) of subsection (h) of this Section 20 and comply
with the other provisions of this Act. The Illinois Administrative Procedures
Act shall not apply to the administrative procedures of the Board in conducting
the emergency hearing and the reallocation of racing dates on an emergency
basis.
(g) (Blank).
(h) The Board shall send the applicant a copy of its formally
executed order by certified mail addressed to the applicant at the
address stated in his application, which notice shall be mailed within 5 days
of the date the formal order is executed.
Each applicant notified shall, within 10 days after receipt of the
final executed order of the Board awarding
racing dates:
(1) file with the Board an acceptance of such award | ||
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(2) pay to the Board an additional amount equal to | ||
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(3) file with the Board the bonds required in | ||
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Upon compliance with the provisions of paragraphs (1), (2), and (3) of
this subsection (h), the applicant shall be issued an
organization license.
If any applicant fails to comply with this Section or fails
to pay the organization license fees herein provided, no organization
license shall be issued to such applicant.
(Source: P.A. 91‑40, eff. 6‑25‑99.)
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(230 ILCS 5/20.1)
Sec. 20.1.
Authority of licensees.
(a) Notwithstanding anything in this Act
to the contrary, an organization licensee shall have authority to:
(1) determine prices charged for goods and services;
(2) determine prices charged for wagering products, | ||
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(3) determine its hours of operation, subject to at | ||
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(4) otherwise manage its business operations.
(b) The Board may disapprove of any business practices by organization
licensees identified in subsection (a) of this Section if the Board finds that
such practices are detrimental to the public interest.
(Source: P.A. 91‑40, eff. 6‑25‑99.)
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(230 ILCS 5/20.5)
Sec. 20.5.
(Repealed).
(Source: P.A. 89‑16, eff. 5‑30‑95. Repealed by 91‑40, eff. 6‑25‑99.)
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(230 ILCS 5/21) (from Ch. 8, par. 37‑21)
Sec. 21.
(a) Applications for organization licenses must be filed with
the Board at a time and place prescribed by the rules and regulations of
the Board. The Board shall examine the applications within 21 days
after
the date allowed for filing with respect to their conformity with this Act
and such rules and regulations as may be prescribed by the Board. If any
application does not comply with this Act or the rules and regulations
prescribed by the Board, such application may be rejected and an
organization license refused to the applicant, or the Board may, within 21
days of the receipt of such application, advise the applicant of the
deficiencies of the application under the Act or the rules and regulations of
the Board,
and require the submittal of an amended application within a reasonable time
determined by the Board; and upon submittal of the amended application by the
applicant, the Board may consider the
application consistent with the process described in subsection (e‑5) of
Section 20 of this Act. If it
is found to be in compliance with this Act and the rules and regulations of
the Board, the Board may then issue an organization license to such applicant.
(b) The Board may exercise discretion in granting racing
dates to qualified applicants different from those requested by the
applicants in their
applications. However, if all eligible applicants for organization
licenses whose tracks are located within 100 miles of each other execute
and submit to the Board a written agreement among such applicants as to
the award of racing dates, including where applicable racing
programs, for
up to 3 consecutive years, then subject to annual review of each
applicant's compliance with Board rules and regulations, provisions of this
Act and conditions contained in annual dates orders issued by the Board,
the Board may grant such dates and programs
to such applicants
as so agreed by them if the Board determines that the grant of these racing
dates is in the best
interests of racing. The Board shall treat any such agreement as the
agreement signatories' joint and several application for racing dates
during the term of the agreement.
(c) Where 2 or more applicants propose to conduct horse
race meetings within 35 miles of each other, as certified to the Board
under Section 19 (a) (1) of this Act, on conflicting dates, the Board may
determine and grant the number of racing days to be awarded to
the several
applicants in accordance with the provisions of subsection (e‑5) of Section
20 of this
Act.
(d) (Blank).
(e) Prior to the issuance of an organization license, the applicant
shall file with the Board a bond payable to the State of Illinois in the
sum of $200,000, executed by the applicant and a surety company or
companies authorized to do business in this State, and conditioned upon the
payment by the organization licensee of all taxes due under Section 27,
other monies due and payable under this Act, all purses due and payable,
and that the organization licensee will upon presentation of the winning
ticket or
tickets distribute all sums due to the patrons of pari‑mutuel pools.
(f) Each organization license shall specify the person to whom it is
issued, the dates upon which horse racing is permitted, and the location,
place, track, or enclosure where the horse race meeting is to be held.
(g) Any person who owns one or more race tracks
within the State
may seek, in its own name, a separate organization license
for each race track.
(h) All racing conducted under such organization license is subject to
this Act and to the rules and regulations from time to time prescribed by
the Board, and every such organization license issued by the Board shall
contain a recital to that effect.
(i) Each such organization licensee may provide
that at least one race per day may be devoted to
the racing of quarter horses, appaloosas, arabians, or paints.
(j) In acting on applications for organization licenses, the Board shall
give weight to an organization license which has
implemented a good faith affirmative
action effort to recruit, train and upgrade minorities in all classifications
within the organization license.
(Source: P.A. 90‑754, eff. 1‑1‑99; 91‑40, eff. 6‑25‑99.)
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(230 ILCS 5/23) (from Ch. 8, par. 37‑23)
Sec. 23.
(a) The Board shall promulgate as part of its rules and
regulations a set of minimum standards (including, but not limited to,
a workers' compensation plan) to be observed by race tracks.
(b) The failure of a person who has been
awarded racing
dates to observe the minimum standards to be promulgated by the Board
under subsection (a) of this Section shall result in the mandatory
suspension of the organization license of that person by the Board. The
suspended
organization license of the person shall not be reinstated
until
the minimum standards are observed. Those persons and
tracks
which apply for dates shall not be granted organization licenses if they
are not in observance of the minimum standards to be promulgated by the
Board under subsection (a) of this Section.
The Board may refuse to issue or may suspend the organization license
of any person who fails to file a return, or to pay
the
tax,
penalty or interest shown in a filed return, or to pay any final assessment
of tax, penalty or interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the requirements of any
such tax Act are satisfied.
(c) The Board shall consider the operational needs of the Illinois State
Fair and the DuQuoin State Fair as this Section applies to the Illinois
Department of Agriculture. In considering the operational needs of the
Illinois Department of Agriculture, the Board may waive any rule or portion
of a rule when the physical structure, improvement cost or other use of the
facilities prohibits compliance within this Act or the Board's rules.
(Source: P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/24) (from Ch. 8, par. 37‑24)
Sec. 24.
(a) No license shall be issued to or held by an organization
licensee unless all of its officers, directors, and holders of ownership
interests of at least 5% are first approved by the Board. The Board shall not
give approval of an organization license application to any person who has been
convicted of or is under an indictment for a crime of moral turpitude or has
violated any provision of the racing law of this State or any rules of the
Board.
(b) An organization licensee must notify the Board within 10 days of any
change in the holders of a direct or indirect interest in the ownership of the
organization licensee. The Board may, after hearing, revoke the organization
license of any
person who registers on its books or knowingly permits a direct or indirect
interest in the ownership of that person without notifying the Board of the
name of the holder in interest within this period.
(c) In addition to the provisions of subsection
(a) of this Section, no person shall be granted an
organization
license if
any public official of the State or member of his
or her family holds any ownership or financial interest, directly or
indirectly, in the person.
(d) No person which has been granted an organization
license
to hold a race meeting shall give to any public official or member of his
family, directly or indirectly, for or without consideration, any interest in the person. The Board shall, after hearing, revoke
the organization license granted to a person which has
violated this subsection.
(e) (Blank).
(f) No organization licensee or concessionaire or officer, director or
holder or controller of
5% or more legal or beneficial interest in any organization licensee or
concession
shall make any sort of
gift or contribution of any kind or pay or give any money or other thing
of value to any
person who is a public official, or a candidate or nominee for public office.
(Source: P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/25) (from Ch. 8, par. 37‑25)
Sec. 25.
There shall be paid to the Board at such time or times as
it shall prescribe, the sum of fifteen cents (15¢) for each person entering
the grounds or enclosure of each organization licensee and
inter‑track wagering licensee upon a ticket of admission except as provided
in subsection (g) of Section 27 of this Act. If
tickets are issued for more than one day then the sum of fifteen cents
(15¢) shall be paid for each person using such ticket on each day that the
same shall be used. Provided, however, that no charge shall be made on
tickets of admission issued to and in the name of directors, officers,
agents or employees of the organization licensee, or inter‑track wagering
licensee, or to owners, trainers, jockeys,
drivers and their employees or to any person or persons entering the
grounds or enclosure for the transaction of business in connection with such
race meeting. The organization licensee or inter‑track wagering licensee
may, if it desires, collect such amount from
each ticket holder in addition to the amount or amounts charged for such
ticket of admission.
Accurate records and books shall at all times be kept and maintained by
the organization licensees and inter‑track wagering licensees
showing the admission tickets issued and used on each racing
day and the attendance thereat of each horse racing meeting. The Board or
its duly authorized representative or representatives shall at all
reasonable times have access to the admission records of any organization
licensee and inter‑track wagering licensee for
the purpose of examining and checking the same and ascertaining whether or
not the proper amount has been or is being paid the State of Illinois as
herein provided. The Board shall also require, before issuing any license,
that the licensee shall execute and deliver to it a bond, payable to the
State of Illinois, in such sum as it shall determine, not, however, in
excess of fifty thousand dollars ($50,000), with a surety or sureties to be
approved by it, conditioned for the payment of all sums due and payable or
collected by it under this Section upon admission fees received for any
particular racing meetings. The Board may also from time to time require sworn
statements of the number or numbers of such admissions and may prescribe blanks
upon which such reports shall be made. Any organization licensee or
inter‑track wagering licensee failing or
refusing to pay the amount found to be due as herein provided, shall be
deemed guilty of a business offense and upon conviction shall be punished by a
fine of not more than five thousand dollars ($5,000) in addition to the amount
due from such organization licensee or inter‑track wagering licensee as
herein provided. All fines paid into court by an organization
licensee or inter‑track wagering licensee found guilty of violating this
Section shall be transmitted and paid
over by the clerk of the court to the Board.
(Source: P.A. 88‑495; 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/26) (from Ch. 8, par. 37‑26)
Sec. 26.
Wagering.
(a) Any licensee may conduct and supervise the pari‑mutuel system of
wagering, as defined in Section 3.12 of this Act, on horse races conducted by
an Illinois organization
licensee or conducted at a racetrack located in another state or country and
televised in Illinois in accordance with subsection (g) of Section 26 of this
Act. Subject to the prior consent of the Board, licensees may supplement any
pari‑mutuel pool in order to guarantee a minimum distribution. Such
pari‑mutuel method of wagering shall not,
under any circumstances if conducted under the provisions of this Act,
be held or construed to be unlawful, other statutes of this State to the
contrary notwithstanding.
Subject to rules for advance wagering promulgated by the Board, any
licensee
may accept wagers in advance of the day of
the race wagered upon occurs.
(b) No other method of betting, pool making, wagering or
gambling shall be used or permitted by the licensee. Each licensee
may retain, subject to the payment of all applicable
taxes and purses, an amount not to exceed 17% of all money wagered
under subsection (a) of this Section, except as may otherwise be permitted
under this Act.
(b‑5) An individual may place a wager under the pari‑mutuel system from
any licensed location authorized under this Act provided that wager is
electronically recorded in the manner described in Section 3.12 of this Act.
Any wager made electronically by an individual while physically on the premises
of a licensee shall be deemed to have been made at the premises of that
licensee.
(c) Until January 1, 2000, the sum held by any licensee for payment of
outstanding pari‑mutuel tickets, if unclaimed prior to December 31 of the
next year, shall be retained by the licensee for payment of
such tickets until that date. Within 10 days thereafter, the balance of
such sum remaining unclaimed, less any uncashed supplements contributed by such
licensee for the purpose of guaranteeing minimum distributions
of any pari‑mutuel pool, shall be
paid to the
Illinois
Veterans'
Rehabilitation Fund of the State treasury, except as provided in subsection
(g) of Section 27 of this Act.
(c‑5) Beginning January 1, 2000, the sum held by any licensee for payment
of
outstanding pari‑mutuel tickets, if unclaimed prior to December 31 of the
next year, shall be retained by the licensee for payment of
such tickets until that date. Within 10 days thereafter, the balance of
such sum remaining unclaimed, less any uncashed supplements contributed by such
licensee for the purpose of guaranteeing minimum distributions
of any pari‑mutuel pool, shall be evenly distributed to the purse account of
the organization licensee and the organization licensee.
(d) A pari‑mutuel ticket shall be honored until December 31 of the
next calendar year, and the licensee shall pay the same and may
charge the amount thereof against unpaid money similarly accumulated on account
of pari‑mutuel tickets not presented for payment.
(e) No licensee shall knowingly permit any minor, other
than an employee of such licensee or an owner, trainer,
jockey, driver, or employee thereof, to be admitted during a racing
program unless accompanied by a parent or guardian, or any minor to be a
patron of the pari‑mutuel system of wagering conducted or
supervised by it. The admission of any unaccompanied minor, other than
an employee of the licensee or an owner, trainer, jockey,
driver, or employee thereof at a race track is a Class C
misdemeanor.
(f) Notwithstanding the other provisions of this Act, an
organization licensee may contract
with an entity in another state or country to permit any legal
wagering entity in another state or country to accept wagers solely within
such other state or country on races conducted by the organization licensee
in this State.
Beginning January 1, 2000, these wagers
shall not be subject to State
taxation. Until January 1, 2000,
when the out‑of‑State entity conducts a pari‑mutuel pool
separate from the organization licensee, a privilege tax equal to 7 1/2% of
all monies received by the organization licensee from entities in other states
or countries pursuant to such contracts is imposed on the organization
licensee, and such privilege tax shall be remitted to the
Department of Revenue
within 48 hours of receipt of the moneys from the simulcast. When the
out‑of‑State entity conducts a
combined pari‑mutuel pool with the organization licensee, the tax shall be 10%
of all monies received by the organization licensee with 25% of the
receipts from this 10% tax to be distributed to the county
in which the race was conducted.
An organization licensee may permit one or more of its races to be
utilized for
pari‑mutuel wagering at one or more locations in other states and may
transmit audio and visual signals of races the organization licensee
conducts to one or
more locations outside the State or country and may also permit pari‑mutuel
pools in other states or countries to be combined with its gross or net
wagering pools or with wagering pools established by other states.
(g) A host track may accept interstate simulcast wagers on
horse
races conducted in other states or countries and shall control the
number of signals and types of breeds of racing in its simulcast program,
subject to the disapproval of the Board. The Board may prohibit a simulcast
program only if it finds that the simulcast program is clearly
adverse to the integrity of racing. The host track
simulcast program shall
include the signal of live racing of all organization licensees.
All non‑host licensees shall carry the host track simulcast program and
accept wagers on all races included as part of the simulcast
program upon which wagering is permitted.
The costs and expenses
of the host track and non‑host licensees associated
with interstate simulcast
wagering, other than the interstate
commission fee, shall be borne by the host track and all
non‑host licensees
incurring these costs.
The interstate commission fee shall not exceed 5% of Illinois handle on the
interstate simulcast race or races without prior approval of the Board. The
Board shall promulgate rules under which it may permit
interstate commission
fees in excess of 5%. The interstate commission
fee and other fees charged by the sending racetrack, including, but not
limited to, satellite decoder fees, shall be uniformly applied
to the host track and all non‑host licensees.
(1) Between the hours of 6:30 a.m. and 6:30 p.m. an | ||
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(2) Between the hours of 6:30 p.m. and 6:30 a.m. an | ||
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(3) Each licensee conducting interstate simulcast | ||
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(4) A licensee who receives an interstate simulcast | ||
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(5) After the payment of the interstate commission | ||
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(A) For interstate simulcast wagers made at a | ||
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(B) For wagers placed on interstate simulcast | ||
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(6) Notwithstanding any provision in this Act to the | ||
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(7) Notwithstanding any provision of this Act to the | ||
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(A) Between January 1 and the third Friday in | ||
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(B) Between January 1 and the third Friday in | ||
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(C) Between January 1 and the third Friday in | ||
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(D) Between the third Saturday in February and | ||
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(E) Between the third Saturday in February and | ||
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(7.1) Notwithstanding any other provision of this | ||
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(A) If the licensee that conducts horse racing | ||
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(B) Twenty percent shall be deposited into the | ||
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(7.2) Notwithstanding any other provision of this | ||
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(A) If the licensee that conducts horse racing | ||
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(B) Twenty percent shall be deposited into the | ||
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(7.3) If no live standardbred racing is conducted at | ||
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(A) Eighty percent to that licensee's | ||
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(B) Twenty percent to the Illinois Colt Stakes | ||
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Failure to make the payment to the Illinois Colt | ||
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Moneys paid into the Illinois Colt Stakes Purse | ||
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(7.4) If live standardbred racing is conducted at a | ||
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(8) Notwithstanding any provision in this Act to the | ||
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(8.1) Notwithstanding any provisions in this Act to | ||
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(9) (Blank).
(10) (Blank).
(11) (Blank).
(12) The Board shall have authority to compel all | ||
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(13) Notwithstanding any other provision of this | ||
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(h) The Board may approve and license the conduct of inter‑track wagering
and simulcast wagering by inter‑track wagering licensees and inter‑track
wagering location licensees subject to the following terms and conditions:
(1) Any person licensed to conduct a race meeting | ||
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(2) The Board shall examine the applications with | ||
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(3) In granting licenses to conduct inter‑track | ||
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(4) Prior to the issuance of a license to conduct | ||
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(5) Each license to conduct inter‑track wagering and | ||
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(6) All wagering under such license is subject to | ||
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(7) An inter‑track wagering licensee or inter‑track | ||
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(8) Inter‑track wagering or simulcast wagering shall | ||
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(8.1) Inter‑track wagering location licensees who | ||
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(8.2) Inter‑track wagering or simulcast wagering | ||
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(9) (Blank).
(10) An inter‑track wagering licensee or an | ||
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(10.1) Except as provided in subsection (g) of | ||
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(10.2) Notwithstanding any other provision of this | ||
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(A) That portion of all moneys wagered on | ||
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(B) That portion of all moneys wagered on | ||
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(11) (A) After payment of the privilege or | ||
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(B) From the sums permitted to be retained pursuant | ||
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(C) There is hereby created the Horse Racing Tax | ||
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Two‑sevenths to the Department of Agriculture. | ||
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Four‑sevenths to park districts or | ||
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One‑seventh to the Agricultural Premium Fund to | ||
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Until January 1, 2000, all other monies paid into | ||
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Two‑sevenths to the Department of Agriculture. | ||
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Four‑sevenths to museums and aquariums located | ||
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One‑seventh to the Agricultural Premium Fund to | ||
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(D) Except as provided in paragraph (11) of this | ||
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(i) If the inter‑track wagering licensee, | ||
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(ii) If the inter‑track wagering licensee, | ||
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(iii) If the inter‑track wagering is being | ||
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(12) The Board shall have all powers necessary and | ||
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(A) The Board is vested with power to promulgate | ||
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(B) The Board, and any person or persons to whom | ||
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(C) The Board, and any person or persons to whom | ||
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(D) (Blank).
(E) The Board is vested with the power to | ||
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(F) The Board shall name and appoint a State | ||
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(G) The Board is vested with the power to impose | ||
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(13) The Department of Agriculture may enter into | ||
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(i) Notwithstanding the other provisions of this Act, the conduct of
wagering at wagering facilities is authorized on all days, except as limited by
subsection (b) of Section 19 of this Act.
(Source: P.A. 91‑40, eff. 6‑25‑99; 92‑211, eff. 8‑2‑01.)
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(230 ILCS 5/26.1) (from Ch. 8, par. 37‑26.1)
Sec. 26.1.
For all pari‑mutuel wagering conducted pursuant to this
Act, breakage shall be at all times computed on the basis of not to exceed
10¢ on the dollar. If there is a minus pool, the breakage shall be
computed on the basis of not to exceed 5¢ on the dollar.
Breakage shall be calculated only after the amounts retained by licensees
pursuant to Sections 26 and 26.2 of this Act,
and all applicable surcharges, are taken out of winning wagers and winnings
from wagers.
Beginning January 1, 2000, all breakage shall be retained by licensees, with
50%
of breakage to be used by licensees for racetrack improvements
at the racetrack from which the wagering facility derives its license. The
remaining
50% is to be allocated 50% to the purse account for the licensee from which the
wagering facility derives its license and 50% to the
licensee.
(Source: P.A. 91‑40, eff. 6‑25‑99.)
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(230 ILCS 5/26.2) (from Ch. 8, par. 37‑26.2)
Sec. 26.2.
In addition to the amount retained by
licensees pursuant to Section 26, each licensee may retain an
additional amount up to 3 1/2% of the amount wagered on all
multiple wagers plus an additional amount up to 8% of the amount
wagered on any other multiple wager
that involves a single betting interest on 3 or more horses.
Amounts retained by organization licensees and inter‑track wagering licensees
on all forms of wagering shall be allocated, after payment of
applicable State and local taxes among organization licensees, inter‑track
wagering licensees, and purses as set forth in paragraph (5) of subsection (g)
of Section 26, subparagraph (A) of paragraph (11) of subsection (h) of
Section 26, and subsection (a) of Section 29 of this Act.
Amounts retained by intertrack wagering location licensees under this Section
on all forms of wagering shall be allocated, after payment of applicable State
and local taxes, among organization licensees, intertrack wagering location
licensees, and purses as set forth in paragraph 5 of subsection (g) of Section
26 and subparagraph (B) of paragraph (11) of subsection (h) of Section 26.
(Source: P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/26.3) (from Ch. 8, par. 37‑26.3)
Sec. 26.3.
On and after July 1, 1987, each organization licensee
may impose a surcharge of up to 1% on winning wagers and winnings from
wagers placed upon races
conducted by that organization licensee. Where a surcharge is imposed, it
shall be deducted from winnings prior to payout. Amounts derived from a
surcharge imposed under this Section shall not be paid or allocated to purses.
(Source: P.A. 85‑1170.)
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(230 ILCS 5/26.4) (from Ch. 8, par. 37‑26.4)
Sec. 26.4.
In addition to the amount retained pursuant to paragraph
(10) of subsection (h) of Section 26,
inter‑track wagering location licensees shall retain an additional amount
equal to 2.5% of each winning wager and winnings from wagers, from
which they shall pay the tax
specified in paragraph (10.1) of subsection (h) of Section 26.
With respect to wagers on all races associated with a simulcast program from
a host track, each inter‑track wagering location licensee that conducts wagers
on these races may impose a surcharge of up to .5% on each winning wager and
winnings from each such wager during the period of July 1, 1995, to December
31, 1995; provided amounts derived from this surcharge, if imposed, shall not
be paid to or allocated to purses.
(Source: P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/26.5) (from Ch. 8, par. 37‑26.5)
Sec. 26.5.
Inter‑track wagering licensee surcharge.
In addition to
the amount retained pursuant to paragraph (10) of subsection (h) of Section
26, inter‑track wagering licensees shall retain an additional amount equal
to 1.5% of each winning wager and winnings from wagers. The surcharge
shall be deducted from winnings prior to payout, except as provided in
subsection (g) of Section 27 of this Act. Amounts retained under
this Section shall be distributed as follows: 40% to the organization
licensee at whose track the wager was placed, 40% as purses at the track
where the wager was placed, and 20% to the county in which the track where the
wager was placed is located.
(Source: P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/26.6)
Sec. 26.6.
(Repealed).
(Source: P.A. 89‑16, eff. 5‑30‑95. Repealed by 91‑40, eff. 6‑25‑99.)
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(ii) each thoroughbred and standardbred organization | ||
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To the extent the excess amount of taxes and fees to be collected and
distributed to State and local governmental authorities exceeds $11 million,
that excess amount shall be collected and distributed to State and local
authorities as provided for under this Act.
(Source: P.A. 94‑805, eff. 5‑26‑06.)
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(230 ILCS 5/27.1) (from Ch. 8, par. 37‑27.1)
Sec. 27.1.
(Repealed).
(Source: P.A. 91‑40, eff. 6‑25‑99. Repealed internally, eff. 1‑1‑00.)
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(2) for the distribution to county fairs, vocational | ||
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(3) for payment of prize monies and premiums awarded | ||
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(4) for personal service of county agricultural | ||
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(5) for distribution to agricultural home economic | ||
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(6) for research on equine disease, including a | ||
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(7) for training scholarships for study on equine | ||
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(8) for the rehabilitation, repair and maintenance | ||
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(9) for the expenses of the Department of | ||
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(10) for the expenses of the Department of Commerce | ||
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(11) for remodeling, expanding, and reconstructing | ||
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(12) for the purpose of assisting in the care and | ||
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(13) for expenses of the Department of State Police | ||
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(14) for the Department of Agriculture for soil | ||
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(15) for the Department of Agriculture for grants to | ||
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(16) for the State Comptroller for grants and | ||
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(k) To the extent that monies paid by the Board to the Agricultural
Premium Fund are in the opinion of the Governor in excess of the amount
necessary for the purposes herein stated, the Governor shall notify the
Comptroller and the State Treasurer of such fact, who, upon receipt of
such notification, shall transfer such excess monies from the
Agricultural Premium Fund to the General Revenue Fund.
(Source: P.A. 94‑91, Sections 55‑135 and 90‑10, eff. 7‑1‑05.)
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(230 ILCS 5/29) (from Ch. 8, par. 37‑29)
Sec. 29.
(a) After the privilege or pari‑mutuel tax established in
Sections 26(f), 27, and 27.1 is paid to the State from
the monies
retained by the
organization licensee pursuant to Sections 26, 26.2, and
26.3, the remainder of those monies
retained pursuant to Sections 26 and 26.2, except as
provided in subsection (g) of Section 27 of this Act, shall be
allocated evenly to the organization licensee and as purses.
(b) (Blank).
(c) (Blank).
(d) Each organization licensee and inter‑track wagering licensee
from the money retained for purses as
set forth in subsection (a) of this Section,
shall pay to an
organization representing the largest number of horse owners and trainers
which has negotiated a
contract with the organization licensee for such purpose an amount equal to
at least 1% of the organization licensee's and inter‑track wagering
licensee's retention of the pari‑mutuel
handle
for
the racing season. Each inter‑track wagering location licensee, from the
4% of its handle required to be paid as purses under paragraph
(11) of
subsection (h) of Section 26 of this Act, shall pay to the contractually
established representative organization 2% of that 4%, provided that the
payments so made to the organization shall not exceed a total of $125,000 in
any calendar
year. Such contract shall be negotiated and signed prior to
the beginning of the racing season.
(Source: P.A. 91‑40, eff. 6‑25‑99.)
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(230 ILCS 5/30) (from Ch. 8, par. 37‑30)
Sec. 30.
(a) The General Assembly declares that it is the policy of
this State to encourage the breeding of thoroughbred horses in this
State and the ownership of such horses by residents of this State in
order to provide for: sufficient numbers of high quality thoroughbred
horses to participate in thoroughbred racing meetings in this State,
and to establish and preserve the agricultural and commercial benefits
of such breeding and racing industries to the State of Illinois. It is
the intent of the General Assembly to further this policy by the
provisions of this Act.
(b) Each organization licensee conducting a thoroughbred
racing meeting
pursuant to this Act shall provide at least two races each day limited
to Illinois conceived and foaled horses or Illinois foaled horses or
both. A minimum of 6 races shall be conducted each week limited to
Illinois conceived and foaled or Illinois foaled horses or both. No
horses shall be permitted to start in such races unless duly registered
under the rules of the Department of Agriculture.
(c) Conditions of races under subsection (b) shall be
commensurate
with past performance, quality, and class of Illinois conceived and foaled
and Illinois foaled horses
available. If, however, sufficient competition cannot be had among
horses of that class on any day, the races may, with consent of the
Board, be eliminated for that day and substitute races provided.
(d) There is hereby created a special fund of the State Treasury to
be known as the Illinois Thoroughbred Breeders Fund.
Except as provided in subsection (g) of Section 27 of this Act, 8.5% of all
the monies received by the State as
privilege taxes on Thoroughbred racing meetings shall be paid into the Illinois
Thoroughbred Breeders Fund.
(e) The Illinois Thoroughbred Breeders Fund shall be administered by
the Department of Agriculture
with the advice and assistance of the
Advisory Board created in subsection (f) of this Section.
(f) The Illinois Thoroughbred Breeders Fund Advisory Board shall
consist of the Director of the Department of Agriculture, who shall
serve as Chairman; a member of the Illinois Racing Board, designated by
it; 2 representatives of the organization licensees
conducting thoroughbred
racing meetings, recommended by them; 2 representatives of the Illinois
Thoroughbred Breeders and Owners Foundation, recommended by it; and 2
representatives of the Horsemen's Benevolent Protective Association or any
successor organization established in Illinois comprised of the largest number
of owners and trainers,
recommended
by it, with one representative of the Horsemen's Benevolent and Protective
Association to come from its Illinois Division, and one from its Chicago
Division. Advisory Board members shall serve for 2 years commencing January 1
of
each odd numbered year. If representatives of the organization licensees
conducting thoroughbred racing meetings, the Illinois Thoroughbred Breeders and
Owners Foundation, and the Horsemen's Benevolent Protection Association have
not been recommended by January 1, of each odd numbered year, the Director of
the Department of Agriculture shall make an appointment for the organization
failing to so recommend a member of the Advisory Board. Advisory Board members
shall receive no compensation for their services as members but shall be
reimbursed for all actual and necessary expenses and disbursements incurred in
the execution of their official duties.
(g) No monies shall be expended from the Illinois Thoroughbred
Breeders Fund except as appropriated by the General Assembly. Monies
appropriated from the Illinois Thoroughbred Breeders Fund shall be
expended by the Department of Agriculture,
with the advice and
assistance of the Illinois Thoroughbred Breeders Fund Advisory Board,
for the following purposes only:
(1) To provide purse supplements to owners of horses | ||
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(2) To provide stakes and awards to be paid to the | ||
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(2.5) To provide an award to the owner or owners of | ||
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(3) To provide stallion awards to the owner or | ||
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(4) To provide $75,000 annually for purses to be | ||
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(4.1) To provide purse money for an Illinois | ||
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(5) No less than 80% of all monies appropriated from | ||
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(6) To provide for educational programs regarding | ||
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(7) To provide for research programs concerning the | ||
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(8) To provide for a scholarship and training | ||
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(9) To provide for dissemination of public | ||
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(10) To provide for all expenses incurred in the | ||
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(h) Whenever the Governor finds that the amount in the Illinois
Thoroughbred Breeders Fund is more than the total of the outstanding
appropriations from such fund, the Governor shall notify the State
Comptroller and the State Treasurer of such fact. The Comptroller and
the State Treasurer, upon receipt of such notification, shall transfer
such excess amount from the Illinois Thoroughbred Breeders Fund to the
General Revenue Fund.
(i) A sum equal to 12 1/2% of the first prize money of every purse
won by an Illinois foaled or an Illinois conceived and foaled horse in
races not limited to Illinois foaled horses or Illinois conceived and
foaled horses, or both, shall be paid by the organization licensee
conducting the horse race meeting. Such sum shall be paid from the organization
licensee's share of the money wagered as follows: 11 1/2% to the breeder of
the winning horse and 1% to the organization representing thoroughbred breeders
and owners whose representative serves on the Illinois Thoroughbred Breeders
Fund Advisory Board for verifying the amounts of breeders' awards earned,
assuring their distribution in accordance with this Act, and servicing and
promoting the Illinois thoroughbred horse racing industry. The
organization representing thoroughbred breeders and owners shall cause all
expenditures of monies received under this subsection (i) to be audited
at least annually by a registered public accountant. The organization
shall file copies of each annual audit with the Racing Board, the Clerk of
the House of Representatives and the Secretary of the Senate, and shall
make copies of each annual audit available to the public upon request
and upon payment of the reasonable cost of photocopying the requested
number of copies. Such payments shall not reduce any award to the owner of the
horse or reduce the taxes payable under this Act. Upon completion of its
racing meet, each organization licensee shall deliver to the organization
representing thoroughbred breeders and owners whose representative serves on
the Illinois Thoroughbred Breeders Fund Advisory Board a listing of all the
Illinois foaled and the Illinois conceived and foaled horses which won
breeders' awards and the amount of such breeders' awards under this subsection
to verify accuracy of payments and assure proper distribution of breeders'
awards in accordance with the provisions of this Act. Such payments shall be
delivered by the organization licensee within 30 days of the end of each race
meeting.
(j) A sum equal to 12 1/2% of the first prize money won in each race
limited to Illinois foaled horses or Illinois conceived and foaled
horses, or both, shall be paid in the following manner by the
organization licensee conducting the horse race meeting, from the
organization licensee's share of the money wagered: 11 1/2% to the breeders of
the horses in each such race which are the official first, second, third
and fourth finishers and 1% to the organization representing thoroughbred
breeders and owners whose representative serves on the Illinois Thoroughbred
Breeders Fund Advisory Board for verifying the amounts of breeders' awards
earned, assuring their proper distribution in accordance with this Act, and
servicing and promoting the Illinois thoroughbred horse racing industry. The
organization representing thoroughbred breeders and owners shall cause all
expenditures of monies received under this subsection (j) to be audited
at least annually by a registered public accountant. The organization
shall file copies of each annual audit with the Racing Board, the Clerk of
the House of Representatives and the Secretary of the Senate, and shall
make copies of each annual audit available to the public upon request
and upon payment of the reasonable cost of photocopying the requested
number of copies.
The 11 1/2% paid to the breeders in accordance with this subsection
shall be distributed as follows:
(1) 60% of such sum shall be paid to the breeder of | ||
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||
(2) 20% of such sum shall be paid to the breeder of | ||
|
||
(3) 15% of such sum shall be paid to the breeder of | ||
|
||
(4) 5% of such sum shall be paid to the breeder of | ||
|
||
Such payments shall not reduce any award to the owners of a horse or
reduce the taxes payable under this Act. Upon completion of its racing meet,
each organization licensee shall deliver to the organization representing
thoroughbred breeders and owners whose representative serves on the Illinois
Thoroughbred Breeders Fund Advisory Board a listing of all the Illinois foaled
and the Illinois conceived and foaled horses which won breeders' awards and the
amount of such breeders' awards in accordance with the provisions of this Act.
Such payments shall be delivered by the organization licensee within 30 days of
the end of each race meeting.
(k) The term "breeder", as used herein, means the owner of the mare at
the time the foal is dropped. An "Illinois foaled horse" is a foal
dropped by a mare which enters this State on or before December 1, in the
year in which the horse is bred,
provided the mare remains continuously in this State until its foal is born. An
"Illinois
foaled
horse" also means a foal born of a mare in the same year
as the
mare enters this State on or before March 1,
and remains in this State at
least 30
days after foaling, is bred back during the season of the foaling to
an
Illinois Registered Stallion (unless a veterinarian certifies that the mare
should not be bred for health reasons), and is not bred to a stallion
standing in any other state during the season of foaling. An "Illinois
foaled horse" also means a foal born in Illinois of a mare purchased at public
auction
subsequent to the mare entering this State prior to February 1 of the foaling
year providing the mare is owned solely by one or more Illinois residents or an
Illinois
entity that is entirely owned by one or more Illinois residents.
(l) The Department of Agriculture shall, by rule, with the advice
and assistance of the Illinois Thoroughbred Breeders Fund Advisory
Board:
(1) Qualify stallions for Illinois breeding; such | ||
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||
(2) Provide for the registration of Illinois | ||
|
||
(m) The Department of Agriculture, with the advice and assistance of
the Illinois Thoroughbred Breeders Fund Advisory Board, shall provide that certain races
limited to Illinois conceived and foaled and Illinois foaled horses be
stakes races and determine the total amount of stakes and awards to be paid
to the owners of the winning horses in such races.
In determining the stakes races and the amount of awards for such races,
the Department of Agriculture shall consider factors, including but not
limited to, the amount of money appropriated for the Illinois Thoroughbred
Breeders Fund program, organization licensees' contributions,
availability of stakes caliber horses as demonstrated by past performances,
whether the race can be coordinated into the proposed racing dates within
organization licensees' racing dates, opportunity for
colts and fillies
and various age groups to race, public wagering on such races, and the
previous racing schedule.
(n) The Board and the organizational licensee shall
notify the Department of the conditions and minimum purses for races
limited to Illinois conceived and foaled and Illinois foaled horses
conducted for each organizational licensee conducting a thoroughbred racing
meeting. The Department of Agriculture with the advice and assistance of
the Illinois Thoroughbred Breeders Fund Advisory Board may allocate monies
for purse supplements for such races. In determining whether to allocate
money and the amount, the Department of Agriculture shall consider factors,
including but not limited to, the amount of money appropriated for the
Illinois Thoroughbred Breeders Fund program, the number of races that may
occur, and the organizational licensee's purse structure.
(o) In order to improve the breeding quality of thoroughbred horses in the
State, the General Assembly recognizes that existing provisions of this Section
to encourage such quality breeding need to be revised and strengthened. As
such, a Thoroughbred Breeder's Program Task Force is to be appointed by the
Governor by September 1, 1999 to make recommendations to the General Assembly
by
no later than March 1, 2000.
This task force is to be composed of 2 representatives from the Illinois
Thoroughbred Breeders and Owners Foundation, 2 from the Illinois Thoroughbred
Horsemen's Association, 3 from Illinois race tracks operating thoroughbred
race meets for an average of at least 30 days in the past 3 years, the Director
of Agriculture, the Executive Director of the Racing Board, who shall serve as
Chairman.
(Source: P.A. 91‑40, eff. 6‑25‑99.)
|
(230 ILCS 5/30.5)
Sec. 30.5.
Illinois Quarter Horse Breeders Fund.
(a) The General Assembly declares that it is the policy of this State to
encourage the breeding of racing quarter horses in this State and the ownership
of such horses by residents of this State in order to provide for sufficient
numbers of high quality racing quarter horses in this State and to establish
and
preserve the agricultural and commercial benefits of such breeding and racing
industries to the State of Illinois. It is the intent of the General Assembly
to
further this policy by the provisions of this Act.
(b) There is hereby created a special fund in the State Treasury to be
known as the Illinois Racing Quarter Horse Breeders Fund. Except as provided
in
subsection (g) of Section 27 of this Act, 8.5% of all the moneys received by
the
State as pari‑mutuel taxes on quarter horse racing shall be paid into the
Illinois
Racing Quarter Horse Breeders Fund.
(c) The Illinois Racing Quarter Horse Breeders Fund shall be administered
by the Department of Agriculture with the advice and assistance of the Advisory
Board created in subsection (d) of this Section.
(d) The Illinois Racing Quarter Horse Breeders Fund Advisory Board shall
consist of the Director of the Department of Agriculture, who shall serve as
Chairman; a member of the Illinois Racing Board, designated by it; one
representative of the organization licensees conducting pari‑mutuel
quarter horse racing meetings,
recommended by them; 2 representatives of the Illinois Running Quarter Horse
Association, recommended by it; and the Superintendent of Fairs and Promotions
from the Department of Agriculture. Advisory Board members shall serve for 2
years commencing January 1 of each odd numbered year. If representatives have
not
been recommended by January 1 of each odd numbered year, the Director of the
Department of Agriculture may make an appointment for the organization failing
to
so recommend a member of the Advisory Board. Advisory Board members shall
receive
no compensation for their services as members but may be reimbursed for all
actual and necessary expenses and disbursements incurred in the execution of
their official duties.
(e) No moneys shall be expended from the Illinois Racing Quarter Horse
Breeders Fund except as appropriated by the General Assembly. Moneys
appropriated
from the Illinois Racing Quarter Horse Breeders Fund shall be expended by the
Department of Agriculture, with the advice and assistance of the Illinois
Racing
Quarter Horse Breeders Fund Advisory Board, for the following purposes only:
(1) To provide stakes and awards to be paid to the | ||
|
||
(2) To provide an award to the owner or owners of an | ||
|
||
(3) To provide purse money for an Illinois stallion | ||
|
||
(4) To provide for purses to be distributed for the | ||
|
||
(5) To provide for purses to be distributed for the | ||
|
||
(6) To provide for purses to be distributed for | ||
|
||
(7) No less than 90% of all moneys appropriated from | ||
|
||
(8) To provide for research programs concerning the | ||
|
||
(9) To provide for dissemination of public | ||
|
||
(10) To provide for expenses incurred in the | ||
|
||
(f) The Department of Agriculture shall, by rule, with the advice and
assistance of the Illinois Racing Quarter Horse Breeders Fund Advisory Board:
(1) Qualify stallions for Illinois breeding; such | ||
|
||
(2) Provide for the registration of Illinois | ||
|
||
(g) The Department of Agriculture, with the advice and assistance of the
Illinois Racing Quarter Horse Breeders Fund Advisory Board, shall provide that
certain races limited to Illinois conceived and foaled be stakes races and
determine the total amount of stakes and awards to be paid to the owners of the
winning horses in such races.
(Source: P.A. 91‑40, eff. 6‑25‑99.)
|
(230 ILCS 5/31) (from Ch. 8, par. 37‑31)
Sec. 31.
(a) The General Assembly declares that it is the policy of
this State to encourage the breeding of standardbred horses in this
State and the ownership of such horses by residents of this State in
order to provide for: sufficient numbers of high quality standardbred
horses to participate in harness racing meetings in this State, and to
establish and preserve the agricultural and commercial benefits of such
breeding and racing industries to the State of Illinois. It is the
intent of the General Assembly to further this policy by the provisions
of this Section of this Act.
(b) Each organization licensee conducting a harness
racing meeting pursuant to this Act shall provide for at least two races each
race program limited to
Illinois conceived and foaled horses. A minimum of 6 races shall be
conducted each week limited to Illinois conceived and foaled horses. No
horses shall be permitted to start in such races unless duly registered
under the rules of the Department of Agriculture.
(c) Conditions of races under subsection (b) shall be commensurate
with past performance, quality and class of Illinois conceived and
foaled horses available. If, however, sufficient competition cannot be
had among horses of that class on any day, the races may, with consent
of the Board, be eliminated for that day and substitute races provided.
(d) There is hereby created a special fund of the State Treasury to
be known as the Illinois Standardbred Breeders Fund.
During the calendar year 1981, and each year thereafter, except as provided
in subsection (g) of Section 27 of this Act, eight and one‑half
per cent of all the monies received by the State as privilege taxes on
harness racing meetings shall be paid into the Illinois Standardbred
Breeders Fund.
(e) The Illinois Standardbred Breeders Fund shall be administered by
the Department of Agriculture with the assistance and advice of the
Advisory Board created in subsection (f) of this Section.
(f) The Illinois Standardbred Breeders Fund Advisory Board is hereby
created. The Advisory Board shall consist of the Director of the
Department of Agriculture, who shall serve as Chairman; the
Superintendent of the Illinois State Fair; a member of the Illinois
Racing Board, designated by it; a representative of the Illinois
Standardbred Owners and Breeders Association, recommended by it; a
representative of the Illinois Association of Agricultural Fairs,
recommended by it, such representative to be from a fair at which
Illinois conceived and foaled racing is conducted; a representative of
the organization licensees conducting harness racing
meetings, recommended by them
and a representative of the Illinois Harness Horsemen's Association,
recommended by it. Advisory Board members shall serve for 2 years
commencing January 1, of each odd numbered year. If representatives of
the Illinois Standardbred Owners and Breeders Associations, the Illinois
Association of Agricultural Fairs, the Illinois Harness Horsemen's
Association, and the organization licensees conducting
harness racing meetings
have not been recommended by January 1, of each odd numbered year, the
Director of the Department of Agriculture shall make an appointment for
the organization failing to so recommend a member of the Advisory Board.
Advisory Board members shall receive no compensation for their services
as members but shall be reimbursed for all actual and necessary expenses
and disbursements incurred in the execution of their official duties.
(g) No monies shall be expended from the Illinois Standardbred
Breeders Fund except as appropriated by the General Assembly. Monies
appropriated from the Illinois Standardbred Breeders Fund shall be
expended by the Department of Agriculture, with the assistance and
advice of the Illinois Standardbred Breeders Fund Advisory Board for the
following purposes only:
1. To provide purses for races limited to Illinois | ||
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2. To provide purses for races limited to Illinois | ||
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3. To provide purse supplements for races limited to | ||
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4. No less than 75% of all monies in the Illinois | ||
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5. In the discretion of the Department of | ||
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6. To pay for the improvement of racing facilities | ||
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7. To pay the expenses incurred in the | ||
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8. To promote the sport of harness racing.
(h) Whenever the Governor finds that the amount in the Illinois
Standardbred Breeders Fund is more than the total of the outstanding
appropriations from such fund, the Governor shall notify the State
Comptroller and the State Treasurer of such fact. The Comptroller and
the State Treasurer, upon receipt of such notification, shall transfer
such excess amount from the Illinois Standardbred Breeders Fund to the
General Revenue Fund.
(i) A sum equal to 12 1/2% of the first prize money of every purse
won by an Illinois conceived and foaled horse shall be paid by the
organization licensee conducting the horse race meeting to the breeder
of such winning horse from the organization licensee's share of the
money wagered.
Such payment
shall not reduce any award to the owner of
the horse or reduce the taxes payable under this Act. Such payment
shall be delivered by the organization licensee at the end of each race
meeting.
(j) The Department of Agriculture shall, by rule, with the
assistance and advice of the Illinois Standardbred Breeders Fund
Advisory Board:
1. Qualify stallions for Illinois Standardbred Breeders Fund breeding; such stallion
shall be owned by a resident of the State of Illinois or by an Illinois
corporation all of whose shareholders, directors, officers and
incorporators are residents of the State of Illinois. Such stallion shall
stand for
service at and within the State of Illinois at the time of a foal's
conception, and such stallion must not stand for service at any place, nor
may semen from such stallion be transported,
outside the State of Illinois during that calendar year in which the
foal is conceived and that the owner of the stallion was for the
12
months prior, a resident of Illinois.
The articles of agreement of any partnership, joint venture, limited
partnership, syndicate, association or corporation and any bylaws and stock
certificates must contain a restriction that provides that the ownership or
transfer of interest by any one of the persons a party to the agreement can
only be made to a person who qualifies as an Illinois resident.
2. Provide for the registration of Illinois conceived and foaled
horses and no such horse shall compete in the races limited to Illinois
conceived and foaled horses unless registered with the Department of
Agriculture. The Department of Agriculture may prescribe such forms as
may be necessary to determine the eligibility of such horses. No person
shall knowingly prepare or cause preparation of an application for
registration of such foals containing false information.
A mare (dam) must be in the state at least 30 days prior to foaling or
remain in the State at least 30 days at the time of foaling.
Beginning with the 1996 breeding season and for foals of 1997 and thereafter,
a foal conceived by transported fresh semen may be eligible for Illinois
conceived and foaled registration provided all breeding and foaling
requirements are met. The stallion must be qualified for Illinois Standardbred
Breeders Fund breeding at the time of conception and the mare must be
inseminated within the State of Illinois. The foal must be dropped in Illinois
and properly registered with the Department of Agriculture in accordance with
this Act.
3. Provide that at least a 5 day racing program shall be conducted
at the State Fair each year, which program shall include at least the
following races limited to Illinois conceived and foaled horses: (a) a
two year old Trot and Pace, and Filly Division of each; (b) a three
year old Trot and Pace, and Filly Division of each; (c) an aged Trot and Pace,
and Mare Division of each.
4. Provide for the payment of nominating, sustaining and starting
fees for races promoting the sport of harness racing and for the races
to be conducted at the State Fair as provided in
subsection (j) 3 of this Section provided that the nominating,
sustaining and starting payment required from an entrant shall not
exceed 2% of the purse of such race. All nominating, sustaining and
starting payments shall be held for the benefit of entrants and shall be
paid out as part of the respective purses for such races.
Nominating, sustaining and starting fees shall be held in trust accounts
for the purposes as set forth in this Act and in accordance with Section
205‑15 of the Department of Agriculture Law (20 ILCS
205/205‑15).
5. Provide for the registration with the Department of Agriculture
of Colt Associations or county fairs desiring to sponsor races at county
fairs.
(k) The Department of Agriculture, with the advice and assistance of the
Illinois
Standardbred Breeders Fund Advisory Board, may allocate monies for purse
supplements for such races. In determining whether to allocate money and
the amount, the Department
of Agriculture shall consider factors, including but not limited to, the
amount of money appropriated for the Illinois Standardbred Breeders Fund
program, the number of races that may occur, and an organizational
licensee's purse structure. The organizational licensee shall notify the
Department of Agriculture of the conditions and minimum purses for races
limited to Illinois conceived and foaled horses to be conducted by each
organizational licensee conducting a harness racing meeting for which purse
supplements have been negotiated.
(l) All races held at county fairs and the State Fair which receive funds
from the Illinois Standardbred Breeders Fund shall be conducted in
accordance with the rules of the United States Trotting Association unless
otherwise modified by the Department of Agriculture.
(m) At all standardbred race meetings held or conducted under authority of a
license granted by the Board, and at all standardbred races held at county
fairs which are approved by the Department of Agriculture or at the
Illinois or DuQuoin State Fairs, no one shall jog, train, warm up or drive
a standardbred horse unless he or she is wearing a protective safety helmet,
with the
chin strap fastened and in place, which meets the standards and
requirements as set forth in the 1984 Standard for Protective Headgear for
Use in Harness Racing and Other Equestrian Sports published by the Snell
Memorial Foundation, or any standards and requirements for headgear the
Illinois Racing Board may approve. Any other standards and requirements so
approved by the Board shall equal or exceed those published by the Snell
Memorial Foundation. Any equestrian helmet bearing the Snell label shall
be deemed to have met those standards and requirements.
(Source: P.A. 91‑239, eff. 1‑1‑00.)
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(230 ILCS 5/31.1) (from Ch. 8, par. 37‑31.1)
Sec. 31.1.
(a) Organization licensees
collectively shall contribute annually to charity the sum of
$750,000
to non‑profit organizations that provide medical and family, counseling,
and similar services to persons who reside or work on the backstretch of
Illinois racetracks.
These contributions shall be collected as follows: (i) no later than July
1st of each year the Board shall assess each organization licensee, except
those tracks which are not within 100 miles of each other which tracks
shall pay $30,000 annually apiece into the Board charity fund, that amount
which equals $690,000 multiplied by the amount of pari‑mutuel wagering
handled by the organization licensee in the year preceding assessment and
divided by the total pari‑mutuel wagering handled by all Illinois
organization licensees, except those tracks which are not within 100 miles of
each other, in the year preceding assessment; (ii) notice of
the assessed contribution shall be mailed to each organization licensee;
(iii) within thirty days of its receipt of such notice, each organization
licensee shall remit the assessed contribution to the Board. If an
organization licensee wilfully fails to so remit the contribution, the
Board may revoke its license to conduct horse racing.
(b) No later than October 1st of each year, any
qualified charitable organization seeking an allotment of
contributed funds shall
submit to the Board an application for those funds, using the
Board's approved
form. No later than December 31st of each year, the Board shall
distribute all such amounts collected that year to such charitable
organization applicants.
(Source: P.A. 87‑110.)
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(230 ILCS 5/32) (from Ch. 8, par. 37‑32)
Sec. 32.
Illinois Race Track Improvement Fund.
Within 30 days after the effective date of this Act, the Board shall cause all
moneys
previously deposited in the Illinois Race Track Improvement Fund to be remitted
to the
racetrack from which the licensee derives its license
in accordance to the amounts generated by each licensee.
(Source: P.A. 91‑40, eff. 1‑1‑00.)
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(230 ILCS 5/32.1)
Sec. 32.1.
Pari‑mutuel tax credit; statewide racetrack real estate
equalization.
In order to encourage new investment in Illinois racetrack facilities and
mitigate differing real estate tax burdens among all racetracks, the licensees
affiliated or associated with each racetrack that has been awarded live racing
dates in the current year shall receive an immediate pari‑mutuel tax credit in
an amount equal to the greater of (i) 50% of the amount of the real estate
taxes paid in the prior year attributable to that racetrack, or (ii) the amount
by which the real estate taxes paid in the prior year attributable to that
racetrack exceeds 60% of the average real estate taxes paid in the prior year
for all racetracks awarded live horse racing meets in the current year.
Each year, regardless of whether the organization licensee conducted live
racing in the year of certification, the
Board shall certify in writing, prior to December 31, the real
estate taxes paid in that year for each racetrack and the amount of the
pari‑mutuel tax credit that each organization licensee, intertrack wagering
licensee, and intertrack wagering location licensee that derives its license
from such racetrack is entitled in the succeeding calendar year. The real
estate taxes considered under this Section
for any racetrack shall be those taxes on the real estate parcels and related
facilities used to conduct a horse race meeting and inter‑track wagering at
such
racetrack under this Act.
In no event shall the amount of the tax credit under this Section exceed the
amount of pari‑mutuel taxes otherwise calculated under this Act.
The amount of the tax credit under this Section
shall be retained by each licensee and shall not be subject to any reallocation
or further distribution under this Act. The Board may promulgate emergency
rules to implement this Section.
(Source: P.A. 91‑40, eff. 6‑25‑99.)
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(230 ILCS 5/33.1) (from Ch. 8, par. 37‑33.1)
Sec. 33.1.
(a) The Department of Agriculture shall be responsible for
investigating and determining the eligibility of mares and Illinois conceived
and foaled horses and Illinois foaled horses to participate in
Illinois conceived and foaled and Illinois foaled races. The Department
of Agriculture shall also qualify stallions to participate in the Illinois
Standardbred and Thoroughbred programs.
(b) The Director of the Department of Agriculture or his authorized agent
is authorized to conduct hearings, administer oaths, and issue subpoenas
to carry out his responsibilities concerning the Illinois Standardbred and
Thoroughbred programs as set forth in Sections 30 and 31.
(c) The Director of the Department of Agriculture or his authorized agent
shall, after a hearing, affirm or deny the qualification of a stallion for
the Illinois Standardbred or Thoroughbred program. The decision of the
Director of the Department of Agriculture or his authorized agent shall
be subject to judicial review under the Administrative Review Law. The
term "administrative decision" shall have the meaning ascribed to it in
Section 3‑101 of the Administrative Review Law.
(d) If the determination is made that a standardbred stallion is not
owned by a resident
of the State of Illinois or that a transfer of ownership is a subterfuge to
qualify a standardbred stallion under the Act,
or that a standardbred stallion owner, manager, or person associated with
him or her has knowingly participated in the arrangements for transporting
semen from a
standardbred stallion registered under this Act out‑of‑state,
the Director of the Department of Agriculture
or his authorized agent shall immediately publish notice of such fact in
publications devoted to news concerning standardbred
horses,
announcing the disqualification of such stallion or his foals. If any
person owning any stallion, mare or foal is found by the Director of the
Department of Agriculture or his authorized agent to have willfully violated
any provision of this Act or to have made any false statements concerning
such person's stallion, mare or foal, then no animal owned by such person is
eligible to participate in any events conducted pursuant to Sections 30 and 31.
(e) Any person who is served with a subpoena, issued by the Director of
the Department of Agriculture or his authorized agent, to appear and testify
or to produce documents and who refuses or neglects to testify or produce
documents relevant to the investigation, as directed in the subpoenas, may
be punished as provided in this Section.
(f) Any circuit court of this State, upon petition by the Director of the
Department of Agriculture or his authorized agent, may compel the attendance
of witnesses, the production of documents and giving the testimony required
by this Section in the same manner as the production of evidence may be
compelled in any other judicial proceeding before such court. Any person
who willfully swears or affirms falsely in any proceeding conducted pursuant
to this Section is guilty of perjury.
(g) The fees of witnesses for attendance and travel in the course of any
investigation shall be the same as the fees of witnesses before the circuit
courts of this State.
(h) The Department shall have authority to promulgate rules and regulations
for the enforcement of Sections 30, 31 and 33.1 of this Act. Conditions
and purses shall not be subject to Section 5‑40 of the Illinois Administrative
Procedure Act but shall be set and published from time to time.
(Source: P.A. 88‑45; 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/34) (from Ch. 8, par. 37‑34)
Sec. 34.
(a) The Department of State Police shall enforce the
racing statutes of the State and provide investigative services during
all horse racing meetings conducted in this State. Each
licensee shall provide and maintain his own security personnel.
(b) Each licensee shall submit a request for the
investigative services to the Department of State Police. The
Department of State Police shall determine each
licensee's pro rata share of the Department's expenses for investigative
services rendered to race tracks on a fiscal year basis, and bill each
licensee, except the Illinois Department of Agriculture or
their contractor, for such expenses. Upon receipt of such billing,
the licensee shall pay the amount billed into the
Agricultural Premium Fund. It shall be the duty of the General Assembly
in subsequent years to review the operation of the Department of State
Police and make consistent increases or, if the situation
necessitates, decreases in the number of personnel necessary in order to
fully assure that the Department of State Police is at such a
strength as to effectively carry out the purposes of this Act.
(Source: P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/34.1)
Sec. 34.1.
Compulsive gambling.
(a) Each organization licensee shall post signs with a statement
regarding obtaining assistance with gambling problems, the text of which shall
be determined by rule by the Department of Human Services, at the following
locations in each race track at which horse
race meetings are
conducted by the organization licensee and in each inter‑track wagering
facility
and inter‑track wagering location operated by the organization licensee:
(i) Each entrance and exit.
(ii) Near each credit location.
The signs shall be no larger than 8 1/2 inches by 11 inches and shall be
provided by the Department of Human Services.
(b) Each organization licensee shall print a statement regarding obtaining
assistance with gambling problems, the text of which shall be determined by
rule by the Department of Human Services, on all official racing programs
that the organization licensee provides to the general public.
(Source: P.A. 89‑374, eff. 1‑1‑96; 89‑507, eff. 7‑1‑97.)
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(230 ILCS 5/35) (from Ch. 8, par. 37‑35)
Sec. 35.
Any person holding
or conducting any meeting within the State at which racing of horses
shall be permitted for any stake, purse or reward or any person or
persons aiding, assisting or abetting in the holding or conducting
of such meeting where racing is held or conducted contrary to or
in violation of any of the provisions and requirements of this Act
shall be guilty of a Class 4 felony. For the purpose of this Section,
each day of racing in violation of the provisions of this Act shall be
considered as a separate and distinct offense. Any failure by any
member of the Board to make public any violation of this Act within
a reasonable time of learning thereof shall be punished as a
Class A misdemeanor and issuance of a license prior to compliance
with Section 20 shall be punishable as a Class A misdemeanor.
(Source: P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/36) (from Ch. 8, par. 37‑36)
Sec. 36.
(a) Whoever administers or conspires to administer to
any horse a hypnotic, narcotic, stimulant, depressant or any chemical
substance which may affect the speed of a horse at any time,
except those chemical substances permitted by ruling of the Board,
internally, externally or by hypodermic method in a race or
prior thereto, or whoever knowingly enters a horse in any
race within a period of 24 hours after any hypnotic, narcotic, stimulant,
depressant or any other chemical substance which may affect the speed
of a horse at any time, except those chemical substances permitted
by ruling of the Board, has been administered to such horse either
internally or externally or by hypodermic method for the purpose of
increasing or retarding the speed of such horse shall be guilty of
a Class 4 felony. The Board shall suspend or
revoke such violator's license.
(b) The term "hypnotic" as used in this Section includes all barbituric
acid preparations and derivatives.
(c) The term "narcotic" as used in this Section includes opium and
all its alkaloids, salts, preparations and derivatives, cocaine
and all its salts, preparations and derivatives and substitutes.
(Source: P.A. 79‑1185.)
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(230 ILCS 5/36a) (from Ch. 8, par. 37‑36a)
Sec. 36a.
(a) It is recognized that there are horses which exhibit symptoms
of epistaxis or respiratory tract hemorrhage which with proper treatment
are sound and able to compete in races.
The Board shall establish by rule the appropriate standards for the
administration of furosemide (Lasix) or other Board approved bleeder
medications
in such circumstances.
(b) Every horse entered to race shall be placed in a security area as
designated by the Board. The Board, in designating a security area, shall
not require that a horse be placed in a barn or stall other than the barn
or stall assigned to that horse by the racing secretary. The barn or stall
shall be posted as a security area. The trainer of record shall be
responsible for the security of the horse and barn or stall area. The
security area shall be
under the supervision of the Board.
No unauthorized person shall approach the security area. If any
unauthorized person does approach the security area, a report of
the incident is to be made immediately to one of the State veterinarians
or the stewards, or a board investigator.
The provisions of this Section 36a and the treatment authorized herein
shall apply to and be available only for horses entered in and competing in
race meetings as defined in Section 3.07 of this Act.
(Source: P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/37) (from Ch. 8, par. 37‑37)
Sec. 37.
(a) It shall be unlawful for any person:
(1) to use or conspire to use any battery, buzzer, electrical, mechanical
or other appliances other than the ordinary whip or spur for the purpose
of stimulating or depressing a horse or affecting its speed in a race or
workout or at any time; or
(2) to sponge a horse's nostrils or windpipe or use any method injurious
or otherwise for the purpose of stimulating or depressing a horse or affecting
its speed in a race or a workout at any time; or
(3) to have in his possession within the confines of a race track, sheds,
buildings or grounds, or within the confines of a stable, shed, building
or ground where horses are kept which are eligible to race over a race track
of any racing association or licensee, any appliance other than the ordinary
whip or spur which may or can be used for the purpose of stimulating or
depressing a horse or affecting its speed at any time; or
(4) to have in his possession with the intent to sell, give away or exchange
any of such instrumentalities.
(b) Such possession of such instrumentalities by anyone within the confines
of a race track, stables, sheds, buildings or grounds where horses are kept
which are eligible to race over the race tracks of any racing association
or licensee shall be prima facie evidence of intention to so use such
instrumentalities.
(c) Any persons who violate this Section shall be guilty of a Class 4
felony. The Board shall suspend or revoke such violator's license.
(Source: P.A. 79‑1185 .)
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(230 ILCS 5/38) (from Ch. 8, par. 37‑38)
Sec. 38.
(a) It is unlawful for any person knowingly to enter
or cause to be entered any horse ‑ mare, stallion, gelding, colt
or filly ‑ for competition or knowingly to compete with any horse ‑
mare, stallion, gelding, colt or filly ‑‑ entered for competition under
any name other than its true name or out of its proper class for any
purse, prize, premium, stake or sweepstakes offered or given by any
agricultural or other society, association or persons in the State
where such prize, purse, premium, stake or sweepstakes is to be
decided by a contest of speed.
(b) Any person who violates
this Section is guilty of a Class 4 felony. The Board shall
suspend or revoke the violator's license.
(c) The true name of any horse ‑‑ mare, stallion, gelding, colt
or filly ‑‑ for the purpose of entry for competition or performance
in any contest of speed shall be the name under which the horse has
publicly performed and shall not be changed after having once so
performed or contested for a prize, purse, premium, stake or
sweepstakes, except as provided by the code of printed rules of
the society or association under which the contest is advertised
to be conducted.
(d) It is further provided that the official records shall
be received in all courts as evidence upon the trial of any
person under this Section.
(Source: P.A. 79‑1185.)
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(230 ILCS 5/39) (from Ch. 8, par. 37‑39)
Sec. 39.
(a) It shall be unlawful for any person to
engage directly or indirectly or for any person to conspire
with or to aid, assist or abet any other person in the engagement or
commission of any corrupt act or practice, including, but not
limited to:
(1) the giving or offering or promising to give, | ||
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(2) the passing or attempting to pass or the cashing | ||
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(3) the unauthorized sale or the attempt to make an | ||
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(b) Any person who violates this Section is
guilty of a Class 4 felony.
(c) If any person who violates this Section is licensed
under this Act, the Board shall suspend or revoke the organization
or occupation license of that person, in
addition to the penalty and fine imposed in subsection (b).
(Source: P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/39.1) (from Ch. 8, par. 37‑39.1)
Sec. 39.1.
(a) No person shall, directly or indirectly, accept
anything of value from another to be transmitted or delivered for wager
in any pari‑mutuel system of wagering on horse races.
Nothing in this Section prohibits wagering transactions authorized under
this Act.
(b) Any person who violates this Section is guilty of a Class 4
felony.
(Source: P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/40) (from Ch. 8, par. 37‑40)
Sec. 40.
(a) The imposition of any fine or penalty provided in this Act
shall not preclude the Board in its rules and regulations from imposing a
fine or penalty for any other action which, in the Board's discretion, is a
detriment or impediment to horse racing.
(b) The Director of Agriculture or his or her authorized representative
shall impose the following monetary penalties and hold administrative
hearings as required for failure to submit the following applications,
lists, or reports within the time period, date or manner required by
statute or rule or for removing a foal from Illinois prior to inspection:
(1) late filing of a renewal application for | ||
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(A) if an application is submitted no more than | ||
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(B) if an application is submitted no more than | ||
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(C) if an application is submitted more than 45 | ||
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(2) late filing of list or report of mares bred:
(A) if a list or report is submitted no more | ||
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(B) if a list or report is submitted no more | ||
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(C) if a list or report is submitted more than | ||
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(3) filing an Illinois foaled thoroughbred mare | ||
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(A) if a report is submitted no more than 30 | ||
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(B) if a report is submitted no more than 90 | ||
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(C) if a report is submitted no more than 150 | ||
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(D) if a report is submitted more than 150 days | ||
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(4) late filing of application for foal eligibility | ||
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(A) if an application is submitted no more than | ||
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(B) if an application is submitted no more than | ||
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(C) if an application is submitted no more than | ||
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(D) if an application is submitted more than 150 | ||
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(5) failure to report the intent to remove a foal | ||
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(6) if a list or report of mares bred is incomplete, | ||
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Any person upon whom monetary penalties are imposed under this Section 3
times within a 5 year period shall have any further monetary penalties
imposed at double the amounts set forth above. All monies assessed and
collected for violations relating to thoroughbreds shall be paid into the
Thoroughbred Breeders Fund. All monies assessed and collected for
violations relating to standardbreds shall be paid into the Standardbred
Breeders Fund.
(Source: P.A. 87‑397.)
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(230 ILCS 5/41) (from Ch. 8, par. 37‑41)
Sec. 41.
Article 28 of the "Criminal Code of 1961",
as now or hereafter amended, and all other Acts or parts of Acts
inconsistent with the provisions of this Act shall not apply to
pari‑mutuel wagering in manner and form as
provided by this Act at any horse race meeting held by any person
having an organization license for the holding of such horse
race meeting as provided by this Act.
(Source: P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/42) (from Ch. 8, par. 37‑42)
Sec. 42.
(a) Except as to the distribution of monies
provided for by Sections 28, 29, 30 and 31, nothing whatsoever in this Act
shall
be held or taken to apply to county fairs and State Fairs or to
agricultural and livestock exhibitions where the pari‑mutuel system of wagering
upon the result of horses is not
permitted or conducted.
(b) Nothing herein shall be construed to permit the pari‑mutuel method of
wagering upon any race track unless such race
track is licensed under this Act. It is hereby declared to be
unlawful for any person to permit, conduct or supervise upon any
race track ground the pari‑mutuel method of
wagering except in accordance with the provisions of this Act.
(c) Whoever violates subsection (b) of this Section is guilty of
a Class 4 felony.
(Source: P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/43) (from Ch. 8, par. 37‑43)
Sec. 43.
Nothing in this Act shall be construed to
prevent the use of any grounds, enclosure or race track owned or
controlled by any organization licensee for any fair, county fair,
State Fair, agricultural or livestock exhibition, even though
horse racing be conducted thereat when no betting, wagering, pool
selling or gambling upon the result of horse racing held is
permitted with the knowledge or acquiescence of the persons
conducting the same and when the pari‑mutuel method of
wagering is not conducted.
(Source: P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/44) (from Ch. 8, par. 37‑44)
Sec. 44.
Nothing in this Act applies to any other method
or manner of racing except the racing of horses as set forth.
(Source: P.A. 79‑1185.)
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(230 ILCS 5/45) (from Ch. 8, par. 37‑45)
Sec. 45.
It shall be the duty of the Attorney General and the
various State's attorneys in this State in cooperation with the Department
of State Police to enforce
this Act. The Governor may, upon request of the Department of State Police,
order the law enforcing officers of the various cities and
counties to assign a sufficient number of deputies to aid members of the
Department of State Police
in preventing horse racing at any track
within the respective jurisdiction of such cities or counties an
organization license for which has been refused, suspended or revoked by
the Board. The Governor may similarly assign such deputies to aid the
Department of State Police
when, by his determination, additional
forces are needed to preserve the health, welfare or safety of any
person or animal within the grounds of any race track in the State.
(Source: P.A. 84‑25.)
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(230 ILCS 5/46) (from Ch. 8, par. 37‑46)
Sec. 46.
All final decisions of the Board hereunder
shall be subject to judicial review pursuant to the provisions of the
"Administrative Review Law", as now or hereafter amended, and
the rules adopted pursuant thereto. The term "administrative
decision" is as defined in Section 3‑101 of the Administrative
Review Law, as now or hereafter amended.
(Source: P.A. 83‑1539.)
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(230 ILCS 5/47) (from Ch. 8, par. 37‑47)
Sec. 47.
If any provision of this Act or the application
thereof to any person or circumstance is held invalid, such
invalidity does not affect other provisions or applications of this
Act which can be given effect without the invalid application or
provision, and to this end the provisions of this Act are declared
to be severable.
(Source: P.A. 79‑1185.)
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(230 ILCS 5/49) (from Ch. 8, par. 37‑49)
Sec. 49.
The General Assembly declares that it is the policy of this
State to foster the running of the Hambletonian Stakes in Illinois. Should
the Hambletonian stakes no longer be run in Illinois then it is the policy
of the State to foster a race or races at the DuQuoin State Fair, the
Illinois State Fair, and the Illinois county fairs for the benefit of
the harness horse racing industry. In
order to further this policy, the Board shall keep a record of the
moneys deposited in the Agricultural Premium Fund which are derived from
the third and fourth races conducted on each Friday and Saturday during
each harness racing
meeting licensed under this Act, provided that each such Friday and
Saturday program has at least 11 races. Each year, from the moneys in the
Agricultural Premium Fund provided from such races, an appropriation
shall be made to the Department of Agriculture to be used to supplement
the purses offered for, and for other expenses in connection with, the
Hambletonian Stakes or other harness races as authorized in this Section.
(Source: P.A. 86‑1458.)
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(230 ILCS 5/51) (from Ch. 8, par. 37‑51)
Sec. 51.
(a) (Blank).
(b) All proceedings respecting acts done before the effective date of
this Act shall be determined in
accordance with law and regulations enforced
at the time the acts occurred. All proceedings instituted for actions taken
after the effective date of this Act shall be governed by this Act.
(c) All rules and regulations of the Board
relating
to subjects embraced by this Act shall remain in full force and effect unless
repealed, amended or superseded by rules and regulations issued under this Act.
(d) All orders entered, licenses granted, and pending proceedings instituted
by the Board relating to subjects embraced within
this Act shall remain in full force and effect until superseded by actions
taken under this Act.
(Source: P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/52) (from Ch. 8, par. 37‑52)
Sec. 52.
(Repealed).
(Source: Repealed by P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/53) (from Ch. 8, par. 37‑53)
Sec. 53.
(Repealed).
(Source: Repealed by P.A. 89‑16, eff. 5‑30‑95.)
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(230 ILCS 5/54)
Sec. 54.
Horse Racing Equity Fund.
(a) There is created in the State Treasury a Fund to be known as the Horse
Racing
Equity Fund. The Fund shall consist of moneys paid into it pursuant to
subsection (c‑5) of Section 13 of the Riverboat Gambling Act. The Fund shall
be administered
by the Racing Board.
(b) The moneys deposited into the Fund shall be distributed by the State
Treasurer
within 10 days after those moneys are deposited into the Fund as follows:
(1) Fifty percent of all moneys distributed under | ||
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(2) The remaining 50% of the moneys distributed | ||
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If any person identified in this paragraph (2) | ||
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(Source: P.A. 91‑40, eff. 6‑25‑99.)
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(2) The remaining 40% of the moneys distributed under | ||
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(A) 11% shall be distributed to any person (or | ||
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(B) the remaining 89% shall be distributed pro | ||
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The moneys received by an organization licensee | ||
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If any person identified in this paragraph (2) | ||
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(c) The Board shall monitor organization licensees to ensure that moneys paid to organization licensees under this Section are distributed by the organization licensees as provided in subsection (b).
(d) This Section is repealed 2 years after the effective date of this amendatory Act of the 94th General Assembly.
(Source: P.A. 94‑804, eff. 5‑26‑06.) |
(230 ILCS 5/55)
Sec. 55.
Study concerning account wagering and fixed odds wagering.
The
Board shall study whether
it
would be in the best interests of the horse racing industry and the State of
Illinois to
authorize account wagering and fixed odds wagering. The Board shall file a
written report containing
its findings
with the General Assembly no later than December 31, 1999.
(Source: P.A. 91‑40, eff. 6‑25‑99.)
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