Illinois General Assembly - Full Text of HB3159
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Full Text of HB3159  102nd General Assembly

HB3159 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3159

 

Introduced 2/19/2021, by Rep. Robert Rita

 

SYNOPSIS AS INTRODUCED:
 
230 ILCS 5/20  from Ch. 8, par. 37-20

    Amends the Illinois Horse Racing Act of 1975. Provides that for the third year of operation by an organization gaming licensee, the Illinois Racing Board shall award no fewer than 200 days in total of standardbred racing (rather than requiring the Board to award no fewer than 120 days of racing when a single entity requests standardbred racing dates). Deletes language authorizing the Board to reduce the number of days if no dates are requested for the first 3 months of a calendar year. Deletes language requiring the Board to award no fewer than 200 days of racing between applicants if more than one entity requests standardbred racing dates.


LRB102 13717 SMS 19067 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3159LRB102 13717 SMS 19067 b

1    AN ACT concerning gaming.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Horse Racing Act of 1975 is
5amended by changing Section 20 as follows:
 
6    (230 ILCS 5/20)  (from Ch. 8, par. 37-20)
7    Sec. 20. (a) Any person desiring to conduct a horse race
8meeting may apply to the Board for an organization license.
9The application shall be made on a form prescribed and
10furnished by the Board. The application shall specify:
11        (1) the dates on which it intends to conduct the horse
12    race meeting, which dates shall be provided under Section
13    21;
14        (2) the hours of each racing day between which it
15    intends to hold or conduct horse racing at such meeting;
16        (3) the location where it proposes to conduct the
17    meeting; and
18        (4) any other information the Board may reasonably
19    require.
20    (b) A separate application for an organization license
21shall be filed for each horse race meeting which such person
22proposes to hold. Any such application, if made by an
23individual, or by any individual as trustee, shall be signed

 

 

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1and verified under oath by such individual. If the application
2is made by individuals, then it shall be signed and verified
3under oath by at least 2 of the individuals; if the application
4is made by a partnership, an association, a corporation, a
5corporate trustee, a limited liability company, or any other
6entity, it shall be signed by an authorized officer, a
7partner, a member, or a manager, as the case may be, of the
8entity.
9    (c) The application shall specify:
10        (1) the name of the persons, association, trust, or
11    corporation making such application;
12        (2) the principal address of the applicant;
13        (3) if the applicant is a trustee, the names and
14    addresses of the beneficiaries; if the applicant is a
15    corporation, the names and addresses of all officers,
16    stockholders and directors; or if such stockholders hold
17    stock as a nominee or fiduciary, the names and addresses
18    of the parties who are the beneficial owners thereof or
19    who are beneficially interested therein; if the applicant
20    is a partnership, the names and addresses of all partners,
21    general or limited; if the applicant is a limited
22    liability company, the names and addresses of the manager
23    and members; and if the applicant is any other entity, the
24    names and addresses of all officers or other authorized
25    persons of the entity.
26    (d) The applicant shall execute and file with the Board a

 

 

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1good faith affirmative action plan to recruit, train, and
2upgrade minorities in all classifications within the
3association.
4    (e) With such application there shall be delivered to the
5Board a certified check or bank draft payable to the order of
6the Board for an amount equal to $1,000. All applications for
7the issuance of an organization license shall be filed with
8the Board before August 1 of the year prior to the year for
9which application is made and shall be acted upon by the Board
10at a meeting to be held on such date as shall be fixed by the
11Board during the last 15 days of September of such prior year.
12At such meeting, the Board shall announce the award of the
13racing meets, live racing schedule, and designation of host
14track to the applicants and its approval or disapproval of
15each application. No announcement shall be considered binding
16until a formal order is executed by the Board, which shall be
17executed no later than October 15 of that prior year. Absent
18the agreement of the affected organization licensees, the
19Board shall not grant overlapping race meetings to 2 or more
20tracks that are within 100 miles of each other to conduct the
21thoroughbred racing.
22    (e-1) The Board shall award standardbred racing dates to
23organization licensees with an organization gaming license
24pursuant to the following schedule:
25        (1) For the first calendar year of operation of
26    gambling games by an organization gaming licensee under

 

 

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1    Public Act 101-31 this amendatory Act of the 101st General
2    Assembly, when a single entity requests standardbred
3    racing dates, the Board shall award no fewer than 100 days
4    of racing. The 100-day requirement may be reduced to no
5    fewer than 80 days if no dates are requested for the first
6    3 months of a calendar year. If more than one entity
7    requests standardbred racing dates, the Board shall award
8    no fewer than 140 days of racing between the applicants.
9        (2) For the second calendar year of operation of
10    gambling games by an organization gaming licensee under
11    Public Act 101-31 this amendatory Act of the 101st General
12    Assembly, when a single entity requests standardbred
13    racing dates, the Board shall award no fewer than 100 days
14    of racing. The 100-day requirement may be reduced to no
15    fewer than 80 days if no dates are requested for the first
16    3 months of a calendar year. If more than one entity
17    requests standardbred racing dates, the Board shall award
18    no fewer than 160 days of racing between the applicants.
19        (3) For the third calendar year of operation of
20    gambling games by an organization gaming licensee under
21    Public Act 101-31 this amendatory Act of the 101st General
22    Assembly, and each calendar year thereafter, when a single
23    entity requests standardbred racing dates, the Board shall
24    award no fewer than 200 120 days in total of standardbred
25    racing. The 120-day requirement may be reduced to no fewer
26    than 100 days if no dates are requested for the first 3

 

 

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1    months of a calendar year. If more than one entity
2    requests standardbred racing dates, the Board shall award
3    no fewer than 200 days of racing between the applicants.
4    An organization licensee shall apply for racing dates
5pursuant to this subsection (e-1). In awarding racing dates
6under this subsection (e-1), the Board shall have the
7discretion to allocate those standardbred racing dates among
8these organization licensees.
9    (e-2) The Board shall award thoroughbred racing days to
10Cook County organization licensees pursuant to the following
11schedule:
12        (1) During the first year in which only one
13    organization licensee is awarded an organization gaming
14    license, the Board shall award no fewer than 110 days of
15    racing.
16        During the second year in which only one organization
17    licensee is awarded an organization gaming license, the
18    Board shall award no fewer than 115 racing days.
19        During the third year and every year thereafter, in
20    which only one organization licensee is awarded an
21    organization gaming license, the Board shall award no
22    fewer than 120 racing days.
23        (2) During the first year in which 2 organization
24    licensees are awarded an organization gaming license, the
25    Board shall award no fewer than 139 total racing days.
26        During the second year in which 2 organization

 

 

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1    licensees are awarded an organization gaming license, the
2    Board shall award no fewer than 160 total racing days.
3        During the third year and every year thereafter in
4    which 2 organization licensees are awarded an organization
5    gaming license, the Board shall award no fewer than 174
6    total racing days.
7    A Cook County organization licensee shall apply for racing
8dates pursuant to this subsection (e-2). In awarding racing
9dates under this subsection (e-2), the Board shall have the
10discretion to allocate those thoroughbred racing dates among
11these Cook County organization licensees.
12    (e-3) In awarding racing dates for calendar year 2020 and
13thereafter in connection with a racetrack in Madison County,
14the Board shall award racing dates and such organization
15licensee shall run at least 700 thoroughbred races at the
16racetrack in Madison County each year.
17    Notwithstanding Section 7.7 of the Illinois Gambling Act
18or any provision of this Act other than subsection (e-4.5),
19for each calendar year for which an organization gaming
20licensee located in Madison County requests racing dates
21resulting in less than 700 live thoroughbred races at its
22racetrack facility, the organization gaming licensee may not
23conduct gaming pursuant to an organization gaming license
24issued under the Illinois Gambling Act for the calendar year
25of such requested live races.
26    (e-4) Notwithstanding the provisions of Section 7.7 of the

 

 

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1Illinois Gambling Act or any provision of this Act other than
2subsections (e-3) and (e-4.5), for each calendar year for
3which an organization gaming licensee requests thoroughbred
4racing dates which results in a number of live races under its
5organization license that is less than the total number of
6live races which it conducted in 2017 at its racetrack
7facility, the organization gaming licensee may not conduct
8gaming pursuant to its organization gaming license for the
9calendar year of such requested live races.
10    (e-4.1) Notwithstanding the provisions of Section 7.7 of
11the Illinois Gambling Act or any provision of this Act other
12than subsections (e-3) and (e-4.5), for each calendar year for
13which an organization licensee requests racing dates for
14standardbred racing which results in a number of live races
15that is less than the total number of live races required in
16subsection (e-1), the organization gaming licensee may not
17conduct gaming pursuant to its organization gaming license for
18the calendar year of such requested live races.
19    (e-4.5) The Board shall award the minimum live racing
20guarantees contained in subsections (e-1), (e-2), and (e-3) to
21ensure that each organization licensee shall individually run
22a sufficient number of races per year to qualify for an
23organization gaming license under this Act. The General
24Assembly finds that the minimum live racing guarantees
25contained in subsections (e-1), (e-2), and (e-3) are in the
26best interest of the sport of horse racing, and that such

 

 

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1guarantees may only be reduced in the calendar year in which
2they will be conducted in the limited circumstances described
3in this subsection. The Board may decrease the number of
4racing days without affecting an organization licensee's
5ability to conduct gaming pursuant to an organization gaming
6license issued under the Illinois Gambling Act only if the
7Board determines, after notice and hearing, that:
8        (i) a decrease is necessary to maintain a sufficient
9    number of betting interests per race to ensure the
10    integrity of racing;
11        (ii) there are unsafe track conditions due to weather
12    or acts of God;
13        (iii) there is an agreement between an organization
14    licensee and the breed association that is applicable to
15    the involved live racing guarantee, such association
16    representing either the largest number of thoroughbred
17    owners and trainers or the largest number of standardbred
18    owners, trainers and drivers who race horses at the
19    involved organization licensee's racing meeting, so long
20    as the agreement does not compromise the integrity of the
21    sport of horse racing; or
22        (iv) the horse population or purse levels are
23    insufficient to provide the number of racing opportunities
24    otherwise required in this Act.
25    In decreasing the number of racing dates in accordance
26with this subsection, the Board shall hold a hearing and shall

 

 

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1provide the public and all interested parties notice and an
2opportunity to be heard. The Board shall accept testimony from
3all interested parties, including any association representing
4owners, trainers, jockeys, or drivers who will be affected by
5the decrease in racing dates. The Board shall provide a
6written explanation of the reasons for the decrease and the
7Board's findings. The written explanation shall include a
8listing and content of all communication between any party and
9any Illinois Racing Board member or staff that does not take
10place at a public meeting of the Board.
11    (e-5) In reviewing an application for the purpose of
12granting an organization license consistent with the best
13interests of the public and the sport of horse racing, the
14Board shall consider:
15        (1) the character, reputation, experience, and
16    financial integrity of the applicant and of any other
17    separate person that either:
18            (i) controls the applicant, directly or
19        indirectly, or
20            (ii) is controlled, directly or indirectly, by
21        that applicant or by a person who controls, directly
22        or indirectly, that applicant;
23        (2) the applicant's facilities or proposed facilities
24    for conducting horse racing;
25        (3) the total revenue without regard to Section 32.1
26    to be derived by the State and horsemen from the

 

 

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1    applicant's conducting a race meeting;
2        (4) the applicant's good faith affirmative action plan
3    to recruit, train, and upgrade minorities in all
4    employment classifications;
5        (5) the applicant's financial ability to purchase and
6    maintain adequate liability and casualty insurance;
7        (6) the applicant's proposed and prior year's
8    promotional and marketing activities and expenditures of
9    the applicant associated with those activities;
10        (7) an agreement, if any, among organization licensees
11    as provided in subsection (b) of Section 21 of this Act;
12    and
13        (8) the extent to which the applicant exceeds or meets
14    other standards for the issuance of an organization
15    license that the Board shall adopt by rule.
16    In granting organization licenses and allocating dates for
17horse race meetings, the Board shall have discretion to
18determine an overall schedule, including required simulcasts
19of Illinois races by host tracks that will, in its judgment, be
20conducive to the best interests of the public and the sport of
21horse racing.
22    (e-10) The Illinois Administrative Procedure Act shall
23apply to administrative procedures of the Board under this Act
24for the granting of an organization license, except that (1)
25notwithstanding the provisions of subsection (b) of Section
2610-40 of the Illinois Administrative Procedure Act regarding

 

 

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1cross-examination, the Board may prescribe rules limiting the
2right of an applicant or participant in any proceeding to
3award an organization license to conduct cross-examination of
4witnesses at that proceeding where that cross-examination
5would unduly obstruct the timely award of an organization
6license under subsection (e) of Section 20 of this Act; (2) the
7provisions of Section 10-45 of the Illinois Administrative
8Procedure Act regarding proposals for decision are excluded
9under this Act; (3) notwithstanding the provisions of
10subsection (a) of Section 10-60 of the Illinois Administrative
11Procedure Act regarding ex parte communications, the Board may
12prescribe rules allowing ex parte communications with
13applicants or participants in a proceeding to award an
14organization license where conducting those communications
15would be in the best interest of racing, provided all those
16communications are made part of the record of that proceeding
17pursuant to subsection (c) of Section 10-60 of the Illinois
18Administrative Procedure Act; (4) the provisions of Section
1914a of this Act and the rules of the Board promulgated under
20that Section shall apply instead of the provisions of Article
2110 of the Illinois Administrative Procedure Act regarding
22administrative law judges; and (5) the provisions of
23subsection (d) of Section 10-65 of the Illinois Administrative
24Procedure Act that prevent summary suspension of a license
25pending revocation or other action shall not apply.
26    (f) The Board may allot racing dates to an organization

 

 

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1licensee for more than one calendar year but for no more than 3
2successive calendar years in advance, provided that the Board
3shall review such allotment for more than one calendar year
4prior to each year for which such allotment has been made. The
5granting of an organization license to a person constitutes a
6privilege to conduct a horse race meeting under the provisions
7of this Act, and no person granted an organization license
8shall be deemed to have a vested interest, property right, or
9future expectation to receive an organization license in any
10subsequent year as a result of the granting of an organization
11license. Organization licenses shall be subject to revocation
12if the organization licensee has violated any provision of
13this Act or the rules and regulations promulgated under this
14Act or has been convicted of a crime or has failed to disclose
15or has stated falsely any information called for in the
16application for an organization license. Any organization
17license revocation proceeding shall be in accordance with
18Section 16 regarding suspension and revocation of occupation
19licenses.
20    (f-5) If, (i) an applicant does not file an acceptance of
21the racing dates awarded by the Board as required under part
22(1) of subsection (h) of this Section 20, or (ii) an
23organization licensee has its license suspended or revoked
24under this Act, the Board, upon conducting an emergency
25hearing as provided for in this Act, may reaward on an
26emergency basis pursuant to rules established by the Board,

 

 

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1racing dates not accepted or the racing dates associated with
2any suspension or revocation period to one or more
3organization licensees, new applicants, or any combination
4thereof, upon terms and conditions that the Board determines
5are in the best interest of racing, provided, the organization
6licensees or new applicants receiving the awarded racing dates
7file an acceptance of those reawarded racing dates as required
8under paragraph (1) of subsection (h) of this Section 20 and
9comply with the other provisions of this Act. The Illinois
10Administrative Procedure Act shall not apply to the
11administrative procedures of the Board in conducting the
12emergency hearing and the reallocation of racing dates on an
13emergency basis.
14    (g) (Blank).
15    (h) The Board shall send the applicant a copy of its
16formally executed order by certified mail addressed to the
17applicant at the address stated in his application, which
18notice shall be mailed within 5 days of the date the formal
19order is executed.
20    Each applicant notified shall, within 10 days after
21receipt of the final executed order of the Board awarding
22racing dates:
23        (1) file with the Board an acceptance of such award in
24    the form prescribed by the Board;
25        (2) pay to the Board an additional amount equal to
26    $110 for each racing date awarded; and

 

 

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1        (3) file with the Board the bonds required in Sections
2    21 and 25 at least 20 days prior to the first day of each
3    race meeting.
4Upon compliance with the provisions of paragraphs (1), (2),
5and (3) of this subsection (h), the applicant shall be issued
6an organization license.
7    If any applicant fails to comply with this Section or
8fails to pay the organization license fees herein provided, no
9organization license shall be issued to such applicant.
10(Source: P.A. 101-31, eff. 6-28-19.)