Full Text of HB2417 99th General Assembly
HB2417ham001 99TH GENERAL ASSEMBLY | Rep. Dwight Kay Filed: 3/23/2015
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| 1 | | AMENDMENT TO HOUSE BILL 2417
| 2 | | AMENDMENT NO. ______. Amend House Bill 2417 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 9 and by adding Sections 3.31 and | 6 | | 56 as follows: | 7 | | (230 ILCS 5/3.31 new) | 8 | | Sec. 3.31. Historical race wagering position. "Historical | 9 | | race wagering position" means a position adjacent to an | 10 | | electronic machine or machines that shall display live or | 11 | | previously run horse races. The display shall be made in such a | 12 | | way that, if the race is a previously run historical race, the | 13 | | patron is not able to identify the winner of the race.
| 14 | | (230 ILCS 5/9) (from Ch. 8, par. 37-9)
| 15 | | Sec. 9.
The Board shall have all powers necessary and |
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| 1 | | proper to fully and
effectively execute the provisions of this | 2 | | Act, including, but not
limited to, the following:
| 3 | | (a) The Board is vested with jurisdiction and supervision | 4 | | over all race
meetings in this State, over all licensees doing | 5 | | business
in this
State, over all occupation licensees, and over | 6 | | all persons on the
facilities of any licensee. Such | 7 | | jurisdiction shall
include the power to issue licenses to the | 8 | | Illinois Department of
Agriculture authorizing the pari-mutuel | 9 | | system of wagering
on harness and Quarter Horse races held (1) | 10 | | at the Illinois State Fair in
Sangamon County, and (2) at the | 11 | | DuQuoin State Fair in Perry County. The
jurisdiction of the | 12 | | Board shall also include the power to issue licenses to
county | 13 | | fairs which are eligible to receive funds pursuant to the
| 14 | | Agricultural Fair Act, as now or hereafter amended, or their | 15 | | agents,
authorizing the pari-mutuel system of wagering on horse
| 16 | | races
conducted at the county fairs receiving such licenses. | 17 | | Such licenses shall be
governed by subsection (n) of this | 18 | | Section.
| 19 | | Upon application, the Board shall issue a license to the | 20 | | Illinois Department
of Agriculture to conduct harness and | 21 | | Quarter Horse races at the Illinois State
Fair and at the | 22 | | DuQuoin State Fairgrounds
during the scheduled dates of each | 23 | | fair. The Board shall not require and the
Department of | 24 | | Agriculture shall be exempt from the requirements of Sections
| 25 | | 15.3, 18 and 19, paragraphs (a)(2), (b), (c), (d), (e), (e-5), | 26 | | (e-10), (f),
(g), and (h) of Section 20, and Sections 21, 24 |
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| 1 | | and 25. The Board and the Department
of
Agriculture may extend | 2 | | any or all of these exemptions to any contractor or
agent | 3 | | engaged by the Department of Agriculture to conduct its race | 4 | | meetings
when the Board determines that this would best serve | 5 | | the public interest and
the interest of horse racing.
| 6 | | Notwithstanding any provision of law to the contrary, it | 7 | | shall be lawful for
any licensee to operate pari-mutuel | 8 | | wagering
or
contract with the Department of Agriculture to | 9 | | operate pari-mutuel wagering at
the DuQuoin State Fairgrounds | 10 | | or for the Department to enter into contracts
with a licensee, | 11 | | employ its owners,
employees
or
agents and employ such other | 12 | | occupation licensees as the Department deems
necessary in | 13 | | connection with race meetings and wagerings.
| 14 | | (b) The Board is vested with the full power to promulgate | 15 | | reasonable
rules and regulations for the purpose of | 16 | | administering the provisions of
this Act and to prescribe | 17 | | reasonable rules, regulations and conditions
under which all | 18 | | horse race meetings or wagering in the State shall be
| 19 | | conducted. Such reasonable rules and regulations are to provide | 20 | | for the
prevention of practices detrimental to the public | 21 | | interest and to promote the best
interests of horse racing and | 22 | | to impose penalties for violations thereof.
| 23 | | (c) The Board, and any person or persons to whom it | 24 | | delegates
this power, is vested with the power to enter the | 25 | | facilities and other places of business of any licensee to | 26 | | determine whether there has been compliance with
the provisions |
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| 1 | | of this Act and its rules and regulations.
| 2 | | (d) The Board, and any person or persons to whom it | 3 | | delegates this
power, is vested with the authority to | 4 | | investigate alleged violations of
the provisions of this Act, | 5 | | its reasonable rules and regulations, orders
and final | 6 | | decisions; the Board shall take appropriate disciplinary | 7 | | action
against any licensee or occupation licensee for | 8 | | violation
thereof or
institute appropriate legal action for the | 9 | | enforcement thereof.
| 10 | | (e) The Board, and any person or persons to whom it | 11 | | delegates this power,
may eject or exclude from any race | 12 | | meeting or
the facilities of any licensee, or any part
thereof, | 13 | | any occupation licensee or any
other individual whose conduct | 14 | | or reputation is such that his presence on
those facilities | 15 | | may, in the opinion of the Board, call into question
the | 16 | | honesty and integrity of horse racing or wagering or interfere | 17 | | with the
orderly
conduct of horse racing or wagering; provided, | 18 | | however, that no person
shall be
excluded or ejected from the | 19 | | facilities of any licensee solely on the grounds of
race, | 20 | | color, creed, national origin, ancestry, or sex. The power to | 21 | | eject
or exclude an occupation licensee or other individual may
| 22 | | be exercised for just cause by the licensee or the Board, | 23 | | subject to subsequent hearing by the
Board as to the propriety | 24 | | of said exclusion.
| 25 | | (f) The Board is vested with the power to acquire,
| 26 | | establish, maintain and operate (or provide by contract to
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| 1 | | maintain and operate) testing laboratories and related | 2 | | facilities,
for the purpose of conducting saliva, blood, urine | 3 | | and other tests on the
horses run or to be run in any horse race | 4 | | meeting and to purchase all
equipment and supplies deemed | 5 | | necessary or desirable in connection with
any such testing | 6 | | laboratories and related facilities and all such tests.
| 7 | | (g) The Board may require that the records, including | 8 | | financial or other
statements of any licensee or any person | 9 | | affiliated with the licensee who is
involved directly or | 10 | | indirectly in the activities of any licensee as regulated
under | 11 | | this Act to the extent that those financial or other statements | 12 | | relate to
such activities be kept in
such manner as prescribed | 13 | | by the Board, and that Board employees shall have
access to | 14 | | those records during reasonable business
hours. Within 120 days | 15 | | of the end of its fiscal year, each licensee shall
transmit to
| 16 | | the Board
an audit of the financial transactions and condition | 17 | | of the licensee's total
operations. All audits shall be | 18 | | conducted by certified public accountants.
Each certified | 19 | | public accountant must be registered in the State of Illinois
| 20 | | under the Illinois Public Accounting Act. The compensation for | 21 | | each certified
public accountant shall be paid directly by the | 22 | | licensee to the certified
public accountant. A licensee shall | 23 | | also submit any other financial or related
information the | 24 | | Board deems necessary to effectively administer this Act and
| 25 | | all rules, regulations, and final decisions promulgated under | 26 | | this Act.
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| 1 | | (h) The Board shall name and appoint in the manner provided | 2 | | by the rules
and regulations of the Board: an Executive | 3 | | Director; a State director
of mutuels; State veterinarians and | 4 | | representatives to take saliva, blood,
urine and other tests on | 5 | | horses; licensing personnel; revenue
inspectors; and State | 6 | | seasonal employees (excluding admission ticket
sellers and | 7 | | mutuel clerks). All of those named and appointed as provided
in | 8 | | this subsection shall serve during the pleasure of the Board; | 9 | | their
compensation shall be determined by the Board and be paid | 10 | | in the same
manner as other employees of the Board under this | 11 | | Act.
| 12 | | (i) The Board shall require that there shall be 3 stewards | 13 | | at each horse
race meeting, at least 2 of whom shall be named | 14 | | and appointed by the Board.
Stewards appointed or approved by | 15 | | the Board, while performing duties
required by this Act or by | 16 | | the Board, shall be entitled to the same rights
and immunities | 17 | | as granted to Board members and Board employees in Section
10 | 18 | | of this Act.
| 19 | | (j) The Board may discharge any Board employee
who fails or | 20 | | refuses for any reason to comply with the rules and
regulations | 21 | | of the Board, or who, in the opinion of the Board,
is guilty of | 22 | | fraud, dishonesty or who is proven to be incompetent.
The Board | 23 | | shall have no right or power to determine who shall be | 24 | | officers,
directors or employees of any licensee, or their | 25 | | salaries
except the Board may, by rule, require that all or any | 26 | | officials or
employees in charge of or whose duties relate to |
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| 1 | | the actual running of
races be approved by the Board.
| 2 | | (k) The Board is vested with the power to appoint
delegates | 3 | | to execute any of the powers granted to it under this Section
| 4 | | for the purpose of administering this Act and any rules or | 5 | | regulations
promulgated in accordance with this Act.
| 6 | | (l) The Board is vested with the power to impose civil | 7 | | penalties of up to
$5,000 against an individual and up to | 8 | | $10,000 against a
licensee for each
violation of any provision | 9 | | of this Act, any rules adopted by the Board, any
order of the | 10 | | Board or any other action which, in the Board's discretion, is
| 11 | | a detriment or impediment to horse racing or wagering. All such | 12 | | civil penalties shall be deposited into the Horse Racing Fund.
| 13 | | (m) The Board is vested with the power to prescribe a form | 14 | | to be used
by licensees as an application for employment for | 15 | | employees of
each licensee.
| 16 | | (n) The Board shall have the power to issue a license
to | 17 | | any county fair, or its
agent, authorizing the conduct of the | 18 | | pari-mutuel system of
wagering. The Board is vested with the | 19 | | full power to promulgate
reasonable rules, regulations and | 20 | | conditions under which all horse race
meetings licensed | 21 | | pursuant to this subsection shall be held and conducted,
| 22 | | including rules, regulations and conditions for the conduct of | 23 | | the
pari-mutuel system of wagering. The rules, regulations and
| 24 | | conditions shall provide for the prevention of practices | 25 | | detrimental to the
public interest and for the best interests | 26 | | of horse racing, and shall
prescribe penalties for violations |
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| 1 | | thereof. Any authority granted the
Board under this Act shall | 2 | | extend to its jurisdiction and supervision over
county fairs, | 3 | | or their agents, licensed pursuant to this subsection.
However, | 4 | | the Board may waive any provision of this Act or its rules or
| 5 | | regulations which would otherwise apply to such county fairs or | 6 | | their agents.
| 7 | | (o) Whenever the Board is authorized or
required by law to | 8 | | consider some aspect of criminal history record
information for | 9 | | the purpose of carrying out its statutory powers and
| 10 | | responsibilities, then, upon request and payment of fees in | 11 | | conformance
with the requirements of Section 2605-400 of
the | 12 | | Department of State Police Law (20 ILCS 2605/2605-400), the | 13 | | Department of State Police is
authorized to furnish, pursuant | 14 | | to positive identification, such
information contained in | 15 | | State files as is necessary to fulfill the request.
| 16 | | (p) To insure the convenience, comfort, and wagering | 17 | | accessibility of
race track patrons, to provide for the | 18 | | maximization of State revenue, and
to generate increases in | 19 | | purse allotments to the horsemen, the Board shall
require any | 20 | | licensee to staff the pari-mutuel department with
adequate | 21 | | personnel.
| 22 | | (q) The Board shall have the power to establish and oversee | 23 | | the historical race wagering pilot program authorized under | 24 | | Section 56 of this Act. | 25 | | (Source: P.A. 97-1060, eff. 8-24-12.)
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| 1 | | (230 ILCS 5/56 new) | 2 | | Sec. 56. Historical race wagering pilot program. | 3 | | (a) Notwithstanding any other provisions of this Act or the | 4 | | Riverboat Gambling Act, the Board shall establish and oversee a | 5 | | historical race wagering pilot program for Fairmount Park. | 6 | | Fairmount Park may apply to the Board for permission to install | 7 | | up to 950 historical race wagering positions to be located on | 8 | | the grounds of Fairmount Park. | 9 | | Each inter-track wagering location licensee affiliated | 10 | | with Fairmount Park may apply to the Board for permission to | 11 | | install up to 15 historical race wagering positions to be | 12 | | located on their grounds. No other inter-track wagering | 13 | | location licensees shall be authorized to install historical | 14 | | race wagering positions. | 15 | | (b) Revenues from historical race wagering positions shall | 16 | | be treated as pari-mutuel handle and, notwithstanding any other | 17 | | provisions of this Act, shall be treated in accordance with the | 18 | | provisions of Section 27 of this Act. | 19 | | (c) The Board shall, subject to appropriation, retain for | 20 | | its own use and operations moneys from historical race wagering | 21 | | positions as are necessary to enable the Board to oversee and | 22 | | regulate the historical race wagering positions pilot program | 23 | | and its cash flows. | 24 | | (d) All moneys collected from historical race wagering | 25 | | positions and not appropriated by the General Assembly for the | 26 | | use of the Board shall be transferred monthly, not later than |
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| 1 | | the first business day of each month, to the General Revenue | 2 | | Fund. | 3 | | (e) The Board shall adopt any rules necessary to implement | 4 | | the pilot program under this Section. | 5 | | (f) This Section is repealed on December 31, 2020.
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.".
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