SB2159 EngrossedLRB103 30575 AMQ 57011 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 33.1 as follows:
6    (230 ILCS 5/33.1)  (from Ch. 8, par. 37-33.1)
7    Sec. 33.1. (a) The Department of Agriculture shall be
8responsible for investigating and determining the eligibility
9of mares and Illinois conceived and foaled horses and Illinois
10foaled horses to participate in Illinois conceived and foaled
11and Illinois foaled races. The Department of Agriculture shall
12also qualify stallions to participate in the Illinois
13Standardbred and Thoroughbred programs.
14    (b) The Director of the Department of Agriculture or his
15authorized agent is authorized to conduct hearings, administer
16oaths, and issue subpoenas to carry out his responsibilities
17concerning the Illinois Standardbred and Thoroughbred programs
18as set forth in Sections 30 and 31.
19    (c) The Director of the Department of Agriculture or his
20authorized agent shall, after a hearing, affirm or deny the
21qualification of a stallion for the Illinois Standardbred or
22Thoroughbred program. The decision of the Director of the
23Department of Agriculture or his authorized agent shall be



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1subject to judicial review under the Administrative Review
2Law. The term "administrative decision" shall have the meaning
3ascribed to it in Section 3-101 of the Administrative Review
5    (d) If the determination is made that a standardbred
6stallion is not owned by a resident of the State of Illinois or
7that a transfer of ownership is a subterfuge to qualify a
8standardbred stallion under the Act, or that a standardbred
9stallion owner, manager, or person associated with him or her
10has knowingly participated in the arrangements for
11transporting semen from a standardbred stallion registered
12under this Act out-of-state, the Director of the Department of
13Agriculture or his authorized agent shall immediately publish
14notice of such fact in publications devoted to news concerning
15standardbred horses, announcing the disqualification of such
16stallion or his foals. From January 1, 2018 until January 1,
172022, the Director of Agriculture or his or her authorized
18agent shall not publish notice announcing the disqualification
19of such stallion or his foals on the basis that a stallion
20owner, manager, or person associated with him or her has
21knowingly participated in the arrangements for transporting
22semen from a standardbred stallion registered under this Act
23out of State. If any person owning any stallion, mare, or foal
24is found by the Director of the Department of Agriculture or
25his authorized agent to have willfully violated any provision
26of this Act or to have made any false statements concerning



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1such person's stallion, mare, or foal, then no animal owned by
2such person is eligible to participate in any events conducted
3pursuant to Sections 30 and 31.
4    (e) Any person who is served with a subpoena, issued by the
5Director of the Department of Agriculture or his authorized
6agent, to appear and testify or to produce documents and who
7refuses or neglects to testify or produce documents relevant
8to the investigation, as directed in the subpoenas, may be
9punished as provided in this Section.
10    (f) Any circuit court of this State, upon petition by the
11Director of the Department of Agriculture or his authorized
12agent, may compel the attendance of witnesses, the production
13of documents and giving the testimony required by this Section
14in the same manner as the production of evidence may be
15compelled in any other judicial proceeding before such court.
16Any person who willfully swears or affirms falsely in any
17proceeding conducted pursuant to this Section is guilty of
19    (g) The fees of witnesses for attendance and travel in the
20course of any investigation shall be the same as the fees of
21witnesses before the circuit courts of this State.
22    (h) The Department shall have authority to promulgate
23rules and regulations for the enforcement of Sections 30, 31
24and 33.1 of this Act. Conditions and purses shall not be
25subject to Section 5-40 of the Illinois Administrative
26Procedure Act but shall be set and published from time to time.



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1(Source: P.A. 100-777, eff. 8-10-18.)