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 
 


 






09600HB5064ham001
- 2 -
LRB096 19683 AMC 37004 a




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 
 


 






09600HB5064ham001
- 3 -
LRB096 19683 AMC 37004 a




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 
 


 






09600HB5064ham001
- 4 -
LRB096 19683 AMC 37004 a




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.".