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Sen. Terry Link
Filed: 5/11/2016
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1 | | AMENDMENT TO HOUSE BILL 940
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2 | | AMENDMENT NO. ______. Amend House Bill 940, AS AMENDED, |
3 | | with reference to page and line numbers of Senate Amendment No. |
4 | | 1, on page 1, line 5, by replacing "Section" with "Sections 9 |
5 | | and"; and
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6 | | on page 1, immediately below line 5, by inserting the |
7 | | following:
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8 | | "(230 ILCS 5/9) (from Ch. 8, par. 37-9)
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9 | | Sec. 9.
The Board shall have all powers necessary and |
10 | | proper to fully and
effectively execute the provisions of this |
11 | | Act, including, but not
limited to, the following:
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12 | | (a) The Board is vested with jurisdiction and supervision |
13 | | over all race
meetings in this State, over all licensees doing |
14 | | business
in this
State, over all occupation licensees, and over |
15 | | all persons on the
facilities of any licensee. Such |
16 | | jurisdiction shall
include the power to issue licenses to the |
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1 | | Illinois Department of
Agriculture authorizing the pari-mutuel |
2 | | system of wagering
on harness and Quarter Horse races held (1) |
3 | | at the Illinois State Fair in
Sangamon County, and (2) at the |
4 | | DuQuoin State Fair in Perry County. The
jurisdiction of the |
5 | | Board shall also include the power to issue licenses to
county |
6 | | fairs which are eligible to receive funds pursuant to the
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7 | | Agricultural Fair Act, as now or hereafter amended, or their |
8 | | agents,
authorizing the pari-mutuel system of wagering on horse
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9 | | races
conducted at the county fairs receiving such licenses. |
10 | | Such licenses shall be
governed by subsection (n) of this |
11 | | Section.
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12 | | Upon application, the Board shall issue a license to the |
13 | | Illinois Department
of Agriculture to conduct harness and |
14 | | Quarter Horse races at the Illinois State
Fair and at the |
15 | | DuQuoin State Fairgrounds
during the scheduled dates of each |
16 | | fair. The Board shall not require and the
Department of |
17 | | Agriculture shall be exempt from the requirements of Sections
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18 | | 15.3, 18 and 19, paragraphs (a)(2), (b), (c), (d), (e), (e-5), |
19 | | (e-10), (f),
(g), and (h) of Section 20, and Sections 21, 24 |
20 | | and 25. The Board and the Department
of
Agriculture may extend |
21 | | any or all of these exemptions to any contractor or
agent |
22 | | engaged by the Department of Agriculture to conduct its race |
23 | | meetings
when the Board determines that this would best serve |
24 | | the public interest and
the interest of horse racing.
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25 | | Notwithstanding any provision of law to the contrary, it |
26 | | shall be lawful for
any licensee to operate pari-mutuel |
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1 | | wagering
or
contract with the Department of Agriculture to |
2 | | operate pari-mutuel wagering at
the DuQuoin State Fairgrounds |
3 | | or for the Department to enter into contracts
with a licensee, |
4 | | employ its owners,
employees
or
agents and employ such other |
5 | | occupation licensees as the Department deems
necessary in |
6 | | connection with race meetings and wagerings.
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7 | | (b) The Board is vested with the full power to promulgate |
8 | | reasonable
rules and regulations for the purpose of |
9 | | administering the provisions of
this Act and to prescribe |
10 | | reasonable rules, regulations and conditions
under which all |
11 | | horse race meetings or wagering in the State shall be
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12 | | conducted , including wagering on historical or past horse |
13 | | races . Such reasonable rules and regulations are to provide for |
14 | | the
prevention of practices detrimental to the public interest |
15 | | and to promote the best
interests of horse racing and to impose |
16 | | penalties for violations thereof.
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17 | | (c) The Board, and any person or persons to whom it |
18 | | delegates
this power, is vested with the power to enter the |
19 | | facilities and other places of business of any licensee to |
20 | | determine whether there has been compliance with
the provisions |
21 | | of this Act and its rules and regulations.
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22 | | (d) The Board, and any person or persons to whom it |
23 | | delegates this
power, is vested with the authority to |
24 | | investigate alleged violations of
the provisions of this Act, |
25 | | its reasonable rules and regulations, orders
and final |
26 | | decisions; the Board shall take appropriate disciplinary |
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1 | | action
against any licensee or occupation licensee for |
2 | | violation
thereof or
institute appropriate legal action for the |
3 | | enforcement thereof.
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4 | | (e) The Board, and any person or persons to whom it |
5 | | delegates this power,
may eject or exclude from any race |
6 | | meeting or
the facilities of any licensee, or any part
thereof, |
7 | | any occupation licensee or any
other individual whose conduct |
8 | | or reputation is such that his presence on
those facilities |
9 | | may, in the opinion of the Board, call into question
the |
10 | | honesty and integrity of horse racing or wagering or interfere |
11 | | with the
orderly
conduct of horse racing or wagering; provided, |
12 | | however, that no person
shall be
excluded or ejected from the |
13 | | facilities of any licensee solely on the grounds of
race, |
14 | | color, creed, national origin, ancestry, or sex. The power to |
15 | | eject
or exclude an occupation licensee or other individual may
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16 | | be exercised for just cause by the licensee or the Board, |
17 | | subject to subsequent hearing by the
Board as to the propriety |
18 | | of said exclusion.
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19 | | (f) The Board is vested with the power to acquire,
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20 | | establish, maintain and operate (or provide by contract to
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21 | | maintain and operate) testing laboratories and related |
22 | | facilities,
for the purpose of conducting saliva, blood, urine |
23 | | and other tests on the
horses run or to be run in any horse race |
24 | | meeting and to purchase all
equipment and supplies deemed |
25 | | necessary or desirable in connection with
any such testing |
26 | | laboratories and related facilities and all such tests.
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1 | | (g) The Board may require that the records, including |
2 | | financial or other
statements of any licensee or any person |
3 | | affiliated with the licensee who is
involved directly or |
4 | | indirectly in the activities of any licensee as regulated
under |
5 | | this Act to the extent that those financial or other statements |
6 | | relate to
such activities be kept in
such manner as prescribed |
7 | | by the Board, and that Board employees shall have
access to |
8 | | those records during reasonable business
hours. Within 120 days |
9 | | of the end of its fiscal year, each licensee shall
transmit to
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10 | | the Board
an audit of the financial transactions and condition |
11 | | of the licensee's total
operations. All audits shall be |
12 | | conducted by certified public accountants.
Each certified |
13 | | public accountant must be registered in the State of Illinois
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14 | | under the Illinois Public Accounting Act. The compensation for |
15 | | each certified
public accountant shall be paid directly by the |
16 | | licensee to the certified
public accountant. A licensee shall |
17 | | also submit any other financial or related
information the |
18 | | Board deems necessary to effectively administer this Act and
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19 | | all rules, regulations, and final decisions promulgated under |
20 | | this Act.
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21 | | (h) The Board shall name and appoint in the manner provided |
22 | | by the rules
and regulations of the Board: an Executive |
23 | | Director; a State director
of mutuels; State veterinarians and |
24 | | representatives to take saliva, blood,
urine and other tests on |
25 | | horses; licensing personnel; revenue
inspectors; and State |
26 | | seasonal employees (excluding admission ticket
sellers and |
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1 | | mutuel clerks). All of those named and appointed as provided
in |
2 | | this subsection shall serve during the pleasure of the Board; |
3 | | their
compensation shall be determined by the Board and be paid |
4 | | in the same
manner as other employees of the Board under this |
5 | | Act.
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6 | | (i) The Board shall require that there shall be 3 stewards |
7 | | at each horse
race meeting, at least 2 of whom shall be named |
8 | | and appointed by the Board.
Stewards appointed or approved by |
9 | | the Board, while performing duties
required by this Act or by |
10 | | the Board, shall be entitled to the same rights
and immunities |
11 | | as granted to Board members and Board employees in Section
10 |
12 | | of this Act.
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13 | | (j) The Board may discharge any Board employee
who fails or |
14 | | refuses for any reason to comply with the rules and
regulations |
15 | | of the Board, or who, in the opinion of the Board,
is guilty of |
16 | | fraud, dishonesty or who is proven to be incompetent.
The Board |
17 | | shall have no right or power to determine who shall be |
18 | | officers,
directors or employees of any licensee, or their |
19 | | salaries
except the Board may, by rule, require that all or any |
20 | | officials or
employees in charge of or whose duties relate to |
21 | | the actual running of
races be approved by the Board.
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22 | | (k) The Board is vested with the power to appoint
delegates |
23 | | to execute any of the powers granted to it under this Section
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24 | | for the purpose of administering this Act and any rules or |
25 | | regulations
promulgated in accordance with this Act.
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26 | | (l) The Board is vested with the power to impose civil |
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1 | | penalties of up to
$5,000 against an individual and up to |
2 | | $10,000 against a
licensee for each
violation of any provision |
3 | | of this Act, any rules adopted by the Board, any
order of the |
4 | | Board or any other action which, in the Board's discretion, is
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5 | | a detriment or impediment to horse racing or wagering. All such |
6 | | civil penalties shall be deposited into the Horse Racing Fund.
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7 | | (m) The Board is vested with the power to prescribe a form |
8 | | to be used
by licensees as an application for employment for |
9 | | employees of
each licensee.
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10 | | (n) The Board shall have the power to issue a license
to |
11 | | any county fair, or its
agent, authorizing the conduct of the |
12 | | pari-mutuel system of
wagering. The Board is vested with the |
13 | | full power to promulgate
reasonable rules, regulations and |
14 | | conditions under which all horse race
meetings licensed |
15 | | pursuant to this subsection shall be held and conducted,
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16 | | including rules, regulations and conditions for the conduct of |
17 | | the
pari-mutuel system of wagering. The rules, regulations and
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18 | | conditions shall provide for the prevention of practices |
19 | | detrimental to the
public interest and for the best interests |
20 | | of horse racing, and shall
prescribe penalties for violations |
21 | | thereof. Any authority granted the
Board under this Act shall |
22 | | extend to its jurisdiction and supervision over
county fairs, |
23 | | or their agents, licensed pursuant to this subsection.
However, |
24 | | the Board may waive any provision of this Act or its rules or
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25 | | regulations which would otherwise apply to such county fairs or |
26 | | their agents.
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1 | | (o) Whenever the Board is authorized or
required by law to |
2 | | consider some aspect of criminal history record
information for |
3 | | the purpose of carrying out its statutory powers and
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4 | | responsibilities, then, upon request and payment of fees in |
5 | | conformance
with the requirements of Section 2605-400 of
the |
6 | | Department of State Police Law (20 ILCS 2605/2605-400), the |
7 | | Department of State Police is
authorized to furnish, pursuant |
8 | | to positive identification, such
information contained in |
9 | | State files as is necessary to fulfill the request.
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10 | | (p) To insure the convenience, comfort, and wagering |
11 | | accessibility of
race track patrons, to provide for the |
12 | | maximization of State revenue, and
to generate increases in |
13 | | purse allotments to the horsemen, the Board shall
require any |
14 | | licensee to staff the pari-mutuel department with
adequate |
15 | | personnel.
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16 | | (Source: P.A. 97-1060, eff. 8-24-12.)"; and
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17 | | on page 1, line 10, by replacing "licensee" with "licensee , |
18 | | conducted by a racetrack outside of Illinois, ".
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