Executive Committee

Filed: 3/10/2010

 

 


 

 


 
09600HB5064ham001 LRB096 19683 AMC 37004 a

1
AMENDMENT TO HOUSE BILL 5064

2     AMENDMENT NO. ______. Amend House Bill 5064 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Illinois Horse Racing Act of 1975 is
5 amended by changing Section 21 as follows:
 
6     (230 ILCS 5/21)  (from Ch. 8, par. 37-21)
7     Sec. 21. (a) Applications for organization licenses must be
8 filed with the Board at a time and place prescribed by the
9 rules and regulations of the Board. The Board shall examine the
10 applications within 21 days after the date allowed for filing
11 with respect to their conformity with this Act and such rules
12 and regulations as may be prescribed by the Board. If any
13 application does not comply with this Act or the rules and
14 regulations prescribed by the Board, such application may be
15 rejected and an organization license refused to the applicant,
16 or the Board may, within 21 days of the receipt of such

 

 

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1 application, advise the applicant of the deficiencies of the
2 application under the Act or the rules and regulations of the
3 Board, and require the submittal of an amended application
4 within a reasonable time determined by the Board; and upon
5 submittal of the amended application by the applicant, the
6 Board may consider the application consistent with the process
7 described in subsection (e-5) of Section 20 of this Act. If it
8 is found to be in compliance with this Act and the rules and
9 regulations of the Board, the Board may then issue an
10 organization license to such applicant.
11     (b) The Board may exercise discretion in granting racing
12 dates to qualified applicants different from those requested by
13 the applicants in their applications. However, if all eligible
14 applicants for organization licenses whose tracks are located
15 within 100 miles of each other execute and submit to the Board
16 a written agreement among such applicants as to the award of
17 racing dates, including where applicable racing programs, for
18 up to 3 consecutive years, then subject to annual review of
19 each applicant's compliance with Board rules and regulations,
20 provisions of this Act and conditions contained in annual dates
21 orders issued by the Board, the Board may grant such dates and
22 programs to such applicants as so agreed by them if the Board
23 determines that the grant of these racing dates is in the best
24 interests of racing. The Board shall treat any such agreement
25 as the agreement signatories' joint and several application for
26 racing dates during the term of the agreement. Unless otherwise

 

 

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1 provided by law, the Board and its employees may not, as a
2 condition, or a factor, in determining the number of racing
3 dates awarded to the race track require (i) the General
4 Assembly to pass legislation; (ii) that a collective bargaining
5 agreement be reached between the Board and any of its
6 employees; or (iii) the inclusion of any provisions within a
7 collective bargaining agreement between the Board and any of
8 its employees.
9     (c) Where 2 or more applicants propose to conduct horse
10 race meetings within 35 miles of each other, as certified to
11 the Board under Section 19 (a) (1) of this Act, on conflicting
12 dates, the Board may determine and grant the number of racing
13 days to be awarded to the several applicants in accordance with
14 the provisions of subsection (e-5) of Section 20 of this Act.
15     (d) (Blank).
16     (e) Prior to the issuance of an organization license, the
17 applicant shall file with the Board a bond payable to the State
18 of Illinois in the sum of $200,000, executed by the applicant
19 and a surety company or companies authorized to do business in
20 this State, and conditioned upon the payment by the
21 organization licensee of all taxes due under Section 27, other
22 monies due and payable under this Act, all purses due and
23 payable, and that the organization licensee will upon
24 presentation of the winning ticket or tickets distribute all
25 sums due to the patrons of pari-mutuel pools.
26     (f) Each organization license shall specify the person to

 

 

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1 whom it is issued, the dates upon which horse racing is
2 permitted, and the location, place, track, or enclosure where
3 the horse race meeting is to be held.
4     (g) Any person who owns one or more race tracks within the
5 State may seek, in its own name, a separate organization
6 license for each race track.
7     (h) All racing conducted under such organization license is
8 subject to this Act and to the rules and regulations from time
9 to time prescribed by the Board, and every such organization
10 license issued by the Board shall contain a recital to that
11 effect.
12     (i) Each such organization licensee may provide that at
13 least one race per day may be devoted to the racing of quarter
14 horses, appaloosas, arabians, or paints.
15     (j) In acting on applications for organization licenses,
16 the Board shall give weight to an organization license which
17 has implemented a good faith affirmative action effort to
18 recruit, train and upgrade minorities in all classifications
19 within the organization license.
20 (Source: P.A. 90-754, eff. 1-1-99; 91-40, eff. 6-25-99.)
 
21     Section 99. Effective date. This Act takes effect upon
22 becoming law.".