Full Text of HB5064 96th General Assembly
HB5064eng 96TH GENERAL ASSEMBLY
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HB5064 Engrossed |
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| AN ACT concerning gaming.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Horse Racing Act of 1975 is amended | 5 |
| by changing Sections 4, 5, and 21 as follows:
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| (230 ILCS 5/4) (from Ch. 8, par. 37-4)
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| Sec. 4.
The Board shall consist of 11 members to be | 8 |
| appointed by
the Governor
with the advice and consent of the | 9 |
| Senate, not more than 6 of
whom shall be of the
same political | 10 |
| party, and one of whom shall be designated by the Governor
to | 11 |
| be chairman.
Each member shall have a reasonable knowledge of | 12 |
| harness or thoroughbred
racing practices
and procedure and of | 13 |
| the principles of harness or thoroughbred racing and
breeding | 14 |
| and,
at the time of his appointment, shall be a resident of the | 15 |
| State of Illinois
and shall have
resided therein for a period | 16 |
| of at least 5 years next preceding his appointment
and | 17 |
| qualification
and he shall be a qualified voter therein and not | 18 |
| less than 25 years of age.
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| Notwithstanding any provision of this Section to the | 20 |
| contrary, the term of office of each member of the Board ends | 21 |
| 30 days after the effective date of this amendatory Act of the | 22 |
| 96th General Assembly or when their successors are appointed | 23 |
| and qualified. Within 30 days after the effective date of this |
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| amendatory Act of the 96th General Assembly, the Governor shall | 2 |
| appoint, with the advice and consent of the Senate, 11 members | 3 |
| to the Board who otherwise meet the qualifications under this | 4 |
| Section. | 5 |
| (Source: P.A. 91-798, eff. 7-9-00.)
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| (230 ILCS 5/5) (from Ch. 8, par. 37-5)
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| Sec. 5.
As soon as practicable following the effective date | 8 |
| of this
amendatory Act of 1995, the Governor shall appoint, | 9 |
| with the advice and consent
of the Senate, members to the Board | 10 |
| as follows: 3 members for terms expiring
July 1, 1996; 3 | 11 |
| members for terms expiring July 1, 1998; and 3 members for
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| terms expiring July 1, 2000. Of the 2 additional members | 13 |
| appointed pursuant
to this amendatory Act of the 91st General | 14 |
| Assembly, the initial term of one
member shall expire on July | 15 |
| 1, 2002 and the initial term of the other member
shall expire | 16 |
| on July 1, 2004. Thereafter, the terms of office of the Board
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| members shall be 6 years. Incumbent members on the effective | 18 |
| date of this
amendatory Act of 1995 shall continue to serve | 19 |
| only until their successors are
appointed and have qualified.
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| The terms of office of the initial Board members appointed | 21 |
| pursuant to this amendatory Act of the 96th General Assembly | 22 |
| will run as follows, to be determined by lot: one for a term | 23 |
| expiring July 1 of the year following confirmation, 2 for a | 24 |
| term expiring July 1 two years following confirmation, 2 for a | 25 |
| term expiring July 1 three years following confirmation, 2 for |
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| a term expiring July 1 four years following confirmation, 2 for | 2 |
| a term expiring July 1 five years following confirmation, and 2 | 3 |
| for a term expiring July 1 six years following confirmation. | 4 |
| Upon the expiration of the foregoing terms, the successors of | 5 |
| such members shall serve a term of 6 years and until their | 6 |
| successors are appointed and qualified for like terms. | 7 |
| Each member of the Board shall receive $300 per day for | 8 |
| each day the Board
meets and for each day the member conducts a | 9 |
| hearing pursuant to Section 16 of
this Act, provided that no | 10 |
| Board member shall receive more than $5,000 in
such fees during | 11 |
| any calendar year, or an amount set by the Compensation Review
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| Board, whichever is greater. Members of the Board shall
also be | 13 |
| reimbursed for all actual and necessary expenses and | 14 |
| disbursements
incurred in the
execution of their official | 15 |
| duties.
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| (Source: P.A. 91-357, eff. 7-29-99; 91-798, eff. 7-9-00.)
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| (230 ILCS 5/21) (from Ch. 8, par. 37-21)
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| Sec. 21.
(a) Applications for organization licenses must be | 19 |
| filed with
the Board at a time and place prescribed by the | 20 |
| rules and regulations of
the Board. The Board shall examine the | 21 |
| applications within 21 days
after
the date allowed for filing | 22 |
| with respect to their conformity with this Act
and such rules | 23 |
| and regulations as may be prescribed by the Board. If any
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| application does not comply with this Act or the rules and | 25 |
| regulations
prescribed by the Board, such application may be |
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| rejected and an
organization license refused to the applicant, | 2 |
| or the Board may, within 21
days of the receipt of such | 3 |
| application, advise the applicant of the
deficiencies of the | 4 |
| application under the Act or the rules and regulations of
the | 5 |
| Board,
and require the submittal of an amended application | 6 |
| within a reasonable time
determined by the Board; and upon | 7 |
| submittal of the amended application by the
applicant, the | 8 |
| Board may consider the
application consistent with the process | 9 |
| described in subsection (e-5) of
Section 20 of this Act. If it
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| is found to be in compliance with this Act and the rules and | 11 |
| regulations of
the Board, the Board may then issue an | 12 |
| organization license to such applicant.
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| (b) The Board may exercise discretion in granting racing
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| dates to qualified applicants different from those requested by | 15 |
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applicants in their
applications. However, if all eligible | 16 |
| applicants for organization
licenses whose tracks are located | 17 |
| within 100 miles of each other execute
and submit to the Board | 18 |
| a written agreement among such applicants as to
the award of | 19 |
| racing dates, including where applicable racing
programs, for
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| up to 3 consecutive years, then subject to annual review of | 21 |
| each
applicant's compliance with Board rules and regulations, | 22 |
| provisions of this
Act and conditions contained in annual dates | 23 |
| orders issued by the Board,
the Board may grant such dates and | 24 |
| programs
to such applicants
as so agreed by them if the Board | 25 |
| determines that the grant of these racing
dates is in the best
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| interests of racing. The Board shall treat any such agreement |
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| as the
agreement signatories' joint and several application for | 2 |
| racing dates
during the term of the agreement. Unless otherwise | 3 |
| provided by law, the Board and its employees may not, as a | 4 |
| condition, or a factor, in determining the number of racing | 5 |
| dates awarded to the race track require (i) the General | 6 |
| Assembly to pass legislation; (ii) that a collective bargaining | 7 |
| agreement be reached between the Board and any of its | 8 |
| employees; or (iii) the inclusion of any provisions within a | 9 |
| collective bargaining agreement between the Board and any of | 10 |
| its employees.
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| (c) Where 2 or more applicants propose to conduct horse
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| race meetings within 35 miles of each other, as certified to | 13 |
| the Board
under Section 19 (a) (1) of this Act, on conflicting | 14 |
| dates, the Board may
determine and grant the number of racing | 15 |
| days to be awarded to
the several
applicants in accordance with | 16 |
| the provisions of subsection (e-5) of Section
20 of this
Act.
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| (d) (Blank).
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| (e) Prior to the issuance of an organization license, the | 19 |
| applicant
shall file with the Board a bond payable to the State | 20 |
| of Illinois in the
sum of $200,000, executed by the applicant | 21 |
| and a surety company or
companies authorized to do business in | 22 |
| this State, and conditioned upon the
payment by the | 23 |
| organization licensee of all taxes due under Section 27,
other | 24 |
| monies due and payable under this Act, all purses due and | 25 |
| payable,
and that the organization licensee will upon | 26 |
| presentation of the winning
ticket or
tickets distribute all |
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| sums due to the patrons of pari-mutuel pools.
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| (f) Each organization license shall specify the person to | 3 |
| whom it is
issued, the dates upon which horse racing is | 4 |
| permitted, and the location,
place, track, or enclosure where | 5 |
| the horse race meeting is to be held.
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| (g) Any person who owns one or more race tracks
within the | 7 |
| State
may seek, in its own name, a separate organization | 8 |
| license
for each race track.
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| (h) All racing conducted under such organization license is | 10 |
| subject to
this Act and to the rules and regulations from time | 11 |
| to time prescribed by
the Board, and every such organization | 12 |
| license issued by the Board shall
contain a recital to that | 13 |
| effect.
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| (i) Each such organization licensee may provide
that at | 15 |
| least one race per day may be devoted to
the racing of quarter | 16 |
| horses, appaloosas, arabians, or paints.
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| (j) In acting on applications for organization licenses, | 18 |
| the Board shall
give weight to an organization license which | 19 |
| has
implemented a good faith affirmative
action effort to | 20 |
| recruit, train and upgrade minorities in all classifications
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| within the organization license.
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| (Source: P.A. 90-754, eff. 1-1-99; 91-40, eff. 6-25-99.)
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| Section 99. Effective date. This Act takes effect upon | 24 |
| becoming law.
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