Full Text of SB2159 103rd General Assembly
SB2159eng 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning gaming.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Horse Racing Act of 1975 is | 5 | | amended 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 | 8 | | responsible for
investigating and determining the eligibility | 9 | | of mares and Illinois conceived
and foaled horses and Illinois | 10 | | foaled horses to participate in
Illinois conceived and foaled | 11 | | and Illinois foaled races. The Department
of Agriculture shall | 12 | | also qualify stallions to participate in the Illinois
| 13 | | Standardbred and Thoroughbred programs.
| 14 | | (b) The Director of the Department of Agriculture or his | 15 | | authorized agent
is authorized to conduct hearings, administer | 16 | | oaths, and issue subpoenas
to carry out his responsibilities | 17 | | concerning the Illinois Standardbred and
Thoroughbred programs | 18 | | as set forth in Sections 30 and 31.
| 19 | | (c) The Director of the Department of Agriculture or his | 20 | | authorized agent
shall, after a hearing, affirm or deny the | 21 | | qualification of a stallion for
the Illinois Standardbred or | 22 | | Thoroughbred program. The decision of the
Director of the | 23 | | Department of Agriculture or his authorized agent shall
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| 1 | | subject to judicial review under the Administrative Review | 2 | | Law. The
term "administrative decision" shall have the meaning | 3 | | ascribed to it in
Section 3-101 of the Administrative Review | 4 | | Law.
| 5 | | (d) If the determination is made that a standardbred | 6 | | stallion is not
owned by a resident
of the State of Illinois or | 7 | | that a transfer of ownership is a subterfuge to
qualify a | 8 | | standardbred stallion under the Act,
or that a standardbred | 9 | | stallion owner, manager, or person associated with
him or her | 10 | | has knowingly participated in the arrangements for | 11 | | transporting
semen from a
standardbred stallion registered | 12 | | under this Act out-of-state,
the Director of the Department of | 13 | | Agriculture
or his authorized agent shall immediately publish | 14 | | notice of such fact in
publications devoted to news concerning | 15 | | standardbred
horses,
announcing the disqualification of such | 16 | | stallion or his foals. From January 1, 2018 until January 1, | 17 | | 2022, the Director of Agriculture or his or her authorized | 18 | | agent shall not publish notice announcing the disqualification | 19 | | of such stallion or his foals on the basis that a stallion | 20 | | owner, manager, or person associated with him or her has | 21 | | knowingly participated in the arrangements for transporting | 22 | | semen from a standardbred stallion registered under this Act | 23 | | out of State. If any
person owning any stallion, mare , or foal | 24 | | is found by the Director of the
Department of Agriculture or | 25 | | his authorized agent to have willfully violated
any provision | 26 | | of this Act or to have made any false statements concerning
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| 1 | | such person's stallion, mare , or foal, then no animal owned by | 2 | | such person is
eligible to participate in any events conducted | 3 | | pursuant to Sections 30 and 31.
| 4 | | (e) Any person who is served with a subpoena, issued by the | 5 | | Director of
the Department of Agriculture or his authorized | 6 | | agent, to appear and testify
or to produce documents and who | 7 | | refuses or neglects to testify or produce
documents relevant | 8 | | to the investigation, as directed in the subpoenas, may
be | 9 | | punished as provided in this Section.
| 10 | | (f) Any circuit court of this State, upon petition by the | 11 | | Director of the
Department of Agriculture or his authorized | 12 | | agent, may compel the attendance
of witnesses, the production | 13 | | of documents and giving the testimony required
by this Section | 14 | | in the same manner as the production of evidence may be
| 15 | | compelled in any other judicial proceeding before such court. | 16 | | Any person
who willfully swears or affirms falsely in any | 17 | | proceeding conducted pursuant
to this Section is guilty of | 18 | | perjury.
| 19 | | (g) The fees of witnesses for attendance and travel in the | 20 | | course of any
investigation shall be the same as the fees of | 21 | | witnesses before the circuit
courts of this State.
| 22 | | (h) The Department shall have authority to promulgate | 23 | | rules and regulations
for the enforcement of Sections 30, 31 | 24 | | and 33.1 of this Act. Conditions
and purses shall not be | 25 | | subject to Section 5-40 of the Illinois Administrative
| 26 | | Procedure 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.)
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