SB1849 EngrossedLRB097 07133 ASK 47234 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 amended
5by changing Sections 9, 15.1, 18, and 28 as follows:
6    (230 ILCS 5/9)  (from Ch. 8, par. 37-9)
7    Sec. 9. The Board shall have all powers necessary and
8proper to fully and effectively execute the provisions of this
9Act, including, but not limited to, the following:
10    (a) The Board is vested with jurisdiction and supervision
11over all race meetings in this State, over all licensees doing
12business in this State, over all occupation licensees, and over
13all persons on the facilities of any licensee. Such
14jurisdiction shall include the power to issue licenses to the
15Illinois Department of Agriculture authorizing the pari-mutuel
16system of wagering on harness and Quarter Horse races held (1)
17at the Illinois State Fair in Sangamon County, and (2) at the
18DuQuoin State Fair in Perry County. The jurisdiction of the
19Board shall also include the power to issue licenses to county
20fairs which are eligible to receive funds pursuant to the
21Agricultural Fair Act, as now or hereafter amended, or their
22agents, authorizing the pari-mutuel system of wagering on horse
23races conducted at the county fairs receiving such licenses.



SB1849 Engrossed- 2 -LRB097 07133 ASK 47234 b

1Such licenses shall be governed by subsection (n) of this
3    Upon application, the Board shall issue a license to the
4Illinois Department of Agriculture to conduct harness and
5Quarter Horse races at the Illinois State Fair and at the
6DuQuoin State Fairgrounds during the scheduled dates of each
7fair. The Board shall not require and the Department of
8Agriculture shall be exempt from the requirements of Sections
915.3, 18 and 19, paragraphs (a)(2), (b), (c), (d), (e), (e-5),
10(e-10), (f), (g), and (h) of Section 20, and Sections 21, 24
11and 25. The Board and the Department of Agriculture may extend
12any or all of these exemptions to any contractor or agent
13engaged by the Department of Agriculture to conduct its race
14meetings when the Board determines that this would best serve
15the public interest and the interest of horse racing.
16    Notwithstanding any provision of law to the contrary, it
17shall be lawful for any licensee to operate pari-mutuel
18wagering or contract with the Department of Agriculture to
19operate pari-mutuel wagering at the DuQuoin State Fairgrounds
20or for the Department to enter into contracts with a licensee,
21employ its owners, employees or agents and employ such other
22occupation licensees as the Department deems necessary in
23connection with race meetings and wagerings.
24    (b) The Board is vested with the full power to promulgate
25reasonable rules and regulations for the purpose of
26administering the provisions of this Act and to prescribe



SB1849 Engrossed- 3 -LRB097 07133 ASK 47234 b

1reasonable rules, regulations and conditions under which all
2horse race meetings or wagering in the State shall be
3conducted. Such reasonable rules and regulations are to provide
4for the prevention of practices detrimental to the public
5interest and to promote the best interests of horse racing and
6to impose penalties for violations thereof.
7    (c) The Board, and any person or persons to whom it
8delegates this power, is vested with the power to enter the
9facilities and other places of business of any licensee to
10determine whether there has been compliance with the provisions
11of this Act and its rules and regulations.
12    (d) The Board, and any person or persons to whom it
13delegates this power, is vested with the authority to
14investigate alleged violations of the provisions of this Act,
15its reasonable rules and regulations, orders and final
16decisions; the Board shall take appropriate disciplinary
17action against any licensee or occupation licensee for
18violation thereof or institute appropriate legal action for the
19enforcement thereof.
20    (e) The Board, and any person or persons to whom it
21delegates this power, may eject or exclude from any race
22meeting or the facilities of any licensee, or any part thereof,
23any occupation licensee or any other individual whose conduct
24or reputation is such that his presence on those facilities
25may, in the opinion of the Board, call into question the
26honesty and integrity of horse racing or wagering or interfere



SB1849 Engrossed- 4 -LRB097 07133 ASK 47234 b

1with the orderly conduct of horse racing or wagering; provided,
2however, that no person shall be excluded or ejected from the
3facilities of any licensee solely on the grounds of race,
4color, creed, national origin, ancestry, or sex. The power to
5eject or exclude an occupation licensee or other individual may
6be exercised for just cause by the licensee or the Board,
7subject to subsequent hearing by the Board as to the propriety
8of said exclusion.
9    (f) The Board is vested with the power to acquire,
10establish, maintain and operate (or provide by contract to
11maintain and operate) testing laboratories and related
12facilities, for the purpose of conducting saliva, blood, urine
13and other tests on the horses run or to be run in any horse race
14meeting and to purchase all equipment and supplies deemed
15necessary or desirable in connection with any such testing
16laboratories and related facilities and all such tests.
17    (g) The Board may require that the records, including
18financial or other statements of any licensee or any person
19affiliated with the licensee who is involved directly or
20indirectly in the activities of any licensee as regulated under
21this Act to the extent that those financial or other statements
22relate to such activities be kept in such manner as prescribed
23by the Board, and that Board employees shall have access to
24those records during reasonable business hours. Within 120 days
25of the end of its fiscal year, each licensee shall transmit to
26the Board an audit of the financial transactions and condition



SB1849 Engrossed- 5 -LRB097 07133 ASK 47234 b

1of the licensee's total operations. All audits shall be
2conducted by certified public accountants. Each certified
3public accountant must be registered in the State of Illinois
4under the Illinois Public Accounting Act. The compensation for
5each certified public accountant shall be paid directly by the
6licensee to the certified public accountant. A licensee shall
7also submit any other financial or related information the
8Board deems necessary to effectively administer this Act and
9all rules, regulations, and final decisions promulgated under
10this Act.
11    (h) The Board shall name and appoint in the manner provided
12by the rules and regulations of the Board: an Executive
13Director; a State director of mutuels; State veterinarians and
14representatives to take saliva, blood, urine and other tests on
15horses; licensing personnel; revenue inspectors; and State
16seasonal employees (excluding admission ticket sellers and
17mutuel clerks). All of those named and appointed as provided in
18this subsection shall serve during the pleasure of the Board;
19their compensation shall be determined by the Board and be paid
20in the same manner as other employees of the Board under this
22    (i) The Board shall require that there shall be 3 stewards
23at each horse race meeting, at least 2 of whom shall be named
24and appointed by the Board. Stewards appointed or approved by
25the Board, while performing duties required by this Act or by
26the Board, shall be entitled to the same rights and immunities



SB1849 Engrossed- 6 -LRB097 07133 ASK 47234 b

1as granted to Board members and Board employees in Section 10
2of this Act.
3    (j) The Board may discharge any Board employee who fails or
4refuses for any reason to comply with the rules and regulations
5of the Board, or who, in the opinion of the Board, is guilty of
6fraud, dishonesty or who is proven to be incompetent. The Board
7shall have no right or power to determine who shall be
8officers, directors or employees of any licensee, or their
9salaries except the Board may, by rule, require that all or any
10officials or employees in charge of or whose duties relate to
11the actual running of races be approved by the Board.
12    (k) The Board is vested with the power to appoint delegates
13to execute any of the powers granted to it under this Section
14for the purpose of administering this Act and any rules or
15regulations promulgated in accordance with this Act.
16    (l) The Board is vested with the power to impose civil
17penalties of up to $5,000 against an individual and up to
18$10,000 against a licensee for each violation of any provision
19of this Act, any rules adopted by the Board, any order of the
20Board or any other action which, in the Board's discretion, is
21a detriment or impediment to horse racing or wagering. All such
22civil penalties shall be deposited into the Horse Racing Fund.
23    (m) The Board is vested with the power to prescribe a form
24to be used by licensees as an application for employment for
25employees of each licensee.
26    (n) The Board shall have the power to issue a license to



SB1849 Engrossed- 7 -LRB097 07133 ASK 47234 b

1any county fair, or its agent, authorizing the conduct of the
2pari-mutuel system of wagering. The Board is vested with the
3full power to promulgate reasonable rules, regulations and
4conditions under which all horse race meetings licensed
5pursuant to this subsection shall be held and conducted,
6including rules, regulations and conditions for the conduct of
7the pari-mutuel system of wagering. The rules, regulations and
8conditions shall provide for the prevention of practices
9detrimental to the public interest and for the best interests
10of horse racing, and shall prescribe penalties for violations
11thereof. Any authority granted the Board under this Act shall
12extend to its jurisdiction and supervision over county fairs,
13or their agents, licensed pursuant to this subsection. However,
14the Board may waive any provision of this Act or its rules or
15regulations which would otherwise apply to such county fairs or
16their agents.
17    (o) Whenever the Board is authorized or required by law to
18consider some aspect of criminal history record information for
19the purpose of carrying out its statutory powers and
20responsibilities, then, upon request and payment of fees in
21conformance with the requirements of Section 2605-400 of the
22Department of State Police Law (20 ILCS 2605/2605-400), the
23Department of State Police is authorized to furnish, pursuant
24to positive identification, such information contained in
25State files as is necessary to fulfill the request.
26    (p) To insure the convenience, comfort, and wagering



SB1849 Engrossed- 8 -LRB097 07133 ASK 47234 b

1accessibility of race track patrons, to provide for the
2maximization of State revenue, and to generate increases in
3purse allotments to the horsemen, the Board shall require any
4licensee to staff the pari-mutuel department with adequate
6(Source: P.A. 91-239, eff. 1-1-00.)
7    (230 ILCS 5/15.1)  (from Ch. 8, par. 37-15.1)
8    Sec. 15.1. Upon collection of the fee accompanying the
9application for an occupation license, the Board shall be
10authorized to make daily temporary deposits of the fees, for a
11period not to exceed 7 days, with the horsemen's bookkeeper at
12a race meeting. The horsemen's bookkeeper shall issue a check,
13payable to the order of the Illinois Racing Board, for monies
14deposited under this Section within 24 hours of receipt of the
15monies. Provided however, upon the issuance of the check by the
16horsemen's bookkeeper the check shall be deposited into the
17Horse Racing Fund in the State Treasury in accordance with the
18provisions of the "State Officers and Employees Money
19Disposition Act", approved June 9, 1911, as amended.
20(Source: P.A. 84-432.)
21    (230 ILCS 5/18)  (from Ch. 8, par. 37-18)
22    Sec. 18. (a) Together with its application, each applicant
23for racing dates shall deliver to the Board a certified check
24or bank draft payable to the order of the Board for $1,000. In



SB1849 Engrossed- 9 -LRB097 07133 ASK 47234 b

1the event the applicant applies for racing dates in 2 or 3
2successive calendar years as provided in subsection (b) of
3Section 21, the fee shall be $2,000. Filing fees shall not be
4refunded in the event the application is denied. All filing
5fees shall be deposited into the Horse Racing Fund.
6    (b) In addition to the filing fee of $1000 and the fees
7provided in subsection (j) of Section 20, each organization
8licensee shall pay a license fee of $100 for each racing
9program on which its daily pari-mutuel handle is $400,000 or
10more but less than $700,000, and a license fee of $200 for each
11racing program on which its daily pari-mutuel handle is
12$700,000 or more. The additional fees required to be paid under
13this Section by this amendatory Act of 1982 shall be remitted
14by the organization licensee to the Illinois Racing Board with
15each day's graduated privilege tax or pari-mutuel tax and
16breakage as provided under Section 27.
17    (c) Sections 11-42-1, 11-42-5, and 11-54-1 of the "Illinois
18Municipal Code," approved May 29, 1961, as now or hereafter
19amended, shall not apply to any license under this Act.
20(Source: P.A. 91-40, eff. 6-25-99.)
21    (230 ILCS 5/28)  (from Ch. 8, par. 37-28)
22    Sec. 28. Except as provided in subsection (g) of Section 27
23of this Act, moneys collected shall be distributed according to
24the provisions of this Section 28.
25    (a) Thirty per cent of the total of all monies received by



SB1849 Engrossed- 10 -LRB097 07133 ASK 47234 b

1the State as privilege taxes shall be paid into the
2Metropolitan Exposition Auditorium and Office Building Fund in
3the State Treasury.
4    (b) In addition, 4.5% of the total of all monies received
5by the State as privilege taxes shall be paid into the State
6treasury into a special Fund to be known as the Metropolitan
7Exposition, Auditorium, and Office Building Fund.
8    (c) Fifty per cent of the total of all monies received by
9the State as privilege taxes under the provisions of this Act
10shall be paid into the Agricultural Premium Fund.
11    (d) Seven per cent of the total of all monies received by
12the State as privilege taxes shall be paid into the Fair and
13Exposition Fund in the State treasury; provided, however, that
14when all bonds issued prior to July 1, 1984 by the Metropolitan
15Fair and Exposition Authority shall have been paid or payment
16shall have been provided for upon a refunding of those bonds,
17thereafter 1/12 of $1,665,662 of such monies shall be paid each
18month into the Build Illinois Fund, and the remainder into the
19Fair and Exposition Fund. All excess monies shall be allocated
20to the Department of Agriculture for distribution to county
21fairs for premiums and rehabilitation as set forth in the
22Agricultural Fair Act.
23    (e) The monies provided for in Section 30 shall be paid
24into the Illinois Thoroughbred Breeders Fund.
25    (f) The monies provided for in Section 31 shall be paid
26into the Illinois Standardbred Breeders Fund.



SB1849 Engrossed- 11 -LRB097 07133 ASK 47234 b

1    (g) Until January 1, 2000, that part representing 1/2 of
2the total breakage in Thoroughbred, Harness, Appaloosa,
3Arabian, and Quarter Horse racing in the State shall be paid
4into the Illinois Race Track Improvement Fund as established in
5Section 32.
6    (h) All other monies received by the Board under this Act
7shall be paid into the Horse Racing Fund General Revenue Fund
8of the State.
9    (i) The salaries of the Board members, secretary, stewards,
10directors of mutuels, veterinarians, representatives,
11accountants, clerks, stenographers, inspectors and other
12employees of the Board, and all expenses of the Board incident
13to the administration of this Act, including, but not limited
14to, all expenses and salaries incident to the taking of saliva
15and urine samples in accordance with the rules and regulations
16of the Board shall be paid out of the Agricultural Premium
18    (j) The Agricultural Premium Fund shall also be used:
19        (1) for the expenses of operating the Illinois State
20    Fair and the DuQuoin State Fair, including the payment of
21    prize money or premiums;
22        (2) for the distribution to county fairs, vocational
23    agriculture section fairs, agricultural societies, and
24    agricultural extension clubs in accordance with the
25    Agricultural Fair Act, as amended;
26        (3) for payment of prize monies and premiums awarded



SB1849 Engrossed- 12 -LRB097 07133 ASK 47234 b

1    and for expenses incurred in connection with the
2    International Livestock Exposition and the Mid-Continent
3    Livestock Exposition held in Illinois, which premiums, and
4    awards must be approved, and paid by the Illinois
5    Department of Agriculture;
6        (4) for personal service of county agricultural
7    advisors and county home advisors;
8        (5) for distribution to agricultural home economic
9    extension councils in accordance with "An Act in relation
10    to additional support and finance for the Agricultural and
11    Home Economic Extension Councils in the several counties in
12    this State and making an appropriation therefor", approved
13    July 24, 1967, as amended;
14        (6) for research on equine disease, including a
15    development center therefor;
16        (7) for training scholarships for study on equine
17    diseases to students at the University of Illinois College
18    of Veterinary Medicine;
19        (8) for the rehabilitation, repair and maintenance of
20    the Illinois and DuQuoin State Fair Grounds and the
21    structures and facilities thereon and the construction of
22    permanent improvements on such Fair Grounds, including
23    such structures, facilities and property located on such
24    State Fair Grounds which are under the custody and control
25    of the Department of Agriculture;
26        (9) for the expenses of the Department of Agriculture



SB1849 Engrossed- 13 -LRB097 07133 ASK 47234 b

1    under Section 5-530 of the Departments of State Government
2    Law (20 ILCS 5/5-530);
3        (10) for the expenses of the Department of Commerce and
4    Economic Opportunity under Sections 605-620, 605-625, and
5    605-630 of the Department of Commerce and Economic
6    Opportunity Law (20 ILCS 605/605-620, 605/605-625, and
7    605/605-630);
8        (11) for remodeling, expanding, and reconstructing
9    facilities destroyed by fire of any Fair and Exposition
10    Authority in counties with a population of 1,000,000 or
11    more inhabitants;
12        (12) for the purpose of assisting in the care and
13    general rehabilitation of disabled veterans of any war and
14    their surviving spouses and orphans;
15        (13) for expenses of the Department of State Police for
16    duties performed under this Act;
17        (14) for the Department of Agriculture for soil surveys
18    and soil and water conservation purposes;
19        (15) for the Department of Agriculture for grants to
20    the City of Chicago for conducting the Chicagofest;
21        (16) for the State Comptroller for grants and operating
22    expenses authorized by the Illinois Global Partnership
23    Act.
24    (k) To the extent that monies paid by the Board to the
25Agricultural Premium Fund are in the opinion of the Governor in
26excess of the amount necessary for the purposes herein stated,



SB1849 Engrossed- 14 -LRB097 07133 ASK 47234 b

1the Governor shall notify the Comptroller and the State
2Treasurer of such fact, who, upon receipt of such notification,
3shall transfer such excess monies from the Agricultural Premium
4Fund to the General Revenue Fund.
5(Source: P.A. 94-91, Sections 55-135 and 90-10, eff. 7-1-05.)
6    Section 99. Effective date. This Act takes effect upon
7becoming law.