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230 ILCS 5/9
(230 ILCS 5/9)
(from Ch. 8, par. 37-9)
The Board shall have all powers necessary and proper to fully and
effectively execute the provisions of this Act, including, but not
limited to, the following:
(a) The Board is vested with jurisdiction and supervision over all race
meetings in this State, over all licensees doing business
State, over all occupation licensees, and over all persons on the
facilities of any licensee. Such jurisdiction shall
include the power to issue licenses to the Illinois Department of
Agriculture authorizing the pari-mutuel system of wagering
on harness and Quarter Horse races held (1) at the Illinois State Fair in
Sangamon County, and (2) at the DuQuoin State Fair in Perry County. The
jurisdiction of the Board shall also include the power to issue licenses to
county fairs which are eligible to receive funds pursuant to the
Agricultural Fair Act, as now or hereafter amended, or their agents,
authorizing the pari-mutuel system of wagering on horse
conducted at the county fairs receiving such licenses. Such licenses shall be
governed by subsection (n) of this Section.
Upon application, the Board shall issue a license to the Illinois Department
of Agriculture to conduct harness and Quarter Horse races at the Illinois State
Fair and at the DuQuoin State Fairgrounds
during the scheduled dates of each fair. The Board shall not require and the
Department of Agriculture shall be exempt from the requirements of Sections
15.3, 18 and 19, paragraphs (a)(2), (b), (c), (d), (e), (e-5), (e-10), (f),
(g), and (h) of Section 20, and Sections 21, 24 and 25. The Board and the Department
Agriculture may extend any or all of these exemptions to any contractor or
agent engaged by the Department of Agriculture to conduct its race meetings
when the Board determines that this would best serve the public interest and
the interest of horse racing.
Notwithstanding any provision of law to the contrary, it shall be lawful for
any licensee to operate pari-mutuel wagering
contract with the Department of Agriculture to operate pari-mutuel wagering at
the DuQuoin State Fairgrounds or for the Department to enter into contracts
with a licensee, employ its owners,
agents and employ such other occupation licensees as the Department deems
necessary in connection with race meetings and wagerings.
(b) The Board is vested with the full power to promulgate reasonable
rules and regulations for the purpose of administering the provisions of
this Act and to prescribe reasonable rules, regulations and conditions
under which all horse race meetings or wagering in the State shall be
conducted. Such reasonable rules and regulations are to provide for the
prevention of practices detrimental to the public interest and to promote the best
interests of horse racing and to impose penalties for violations thereof.
(c) The Board, and any person or persons to whom it delegates
this power, is vested with the power to enter the facilities and other places of business of any licensee to determine whether there has been compliance with
the provisions of this Act and its rules and regulations.
(d) The Board, and any person or persons to whom it delegates this
power, is vested with the authority to investigate alleged violations of
the provisions of this Act, its reasonable rules and regulations, orders
and final decisions; the Board shall take appropriate disciplinary action
against any licensee or occupation licensee for violation
institute appropriate legal action for the enforcement thereof.
(e) The Board, and any person or persons to whom it delegates this power,
may eject or exclude from any race meeting or
the facilities of any licensee, or any part
thereof, any occupation licensee or any
other individual whose conduct or reputation is such that his presence on
those facilities may, in the opinion of the Board, call into question
the honesty and integrity of horse racing or wagering or interfere with the
conduct of horse racing or wagering; provided, however, that no person
excluded or ejected from the facilities of any licensee solely on the grounds of
race, color, creed, national origin, ancestry, or sex. The power to eject
or exclude an occupation licensee or other individual may
be exercised for just cause by the licensee or the Board, subject to subsequent hearing by the
Board as to the propriety of said exclusion.
(f) The Board is vested with the power to acquire,
establish, maintain and operate (or provide by contract to
maintain and operate) testing laboratories and related facilities,
for the purpose of conducting saliva, blood, urine and other tests on the
horses run or to be run in any horse race meeting, including races run at county fairs, and to purchase all
equipment and supplies deemed necessary or desirable in connection with
any such testing laboratories and related facilities and all such tests.
(g) The Board may require that the records, including financial or other
statements of any licensee or any person affiliated with the licensee who is
involved directly or indirectly in the activities of any licensee as regulated
under this Act to the extent that those financial or other statements relate to
such activities be kept in
such manner as prescribed by the Board, and that Board employees shall have
access to those records during reasonable business
hours. Within 120 days of the end of its fiscal year, each licensee shall
an audit of the financial transactions and condition of the licensee's total
operations. All audits shall be conducted by certified public accountants.
Each certified public accountant must be registered in the State of Illinois
under the Illinois Public Accounting Act. The compensation for each certified
public accountant shall be paid directly by the licensee to the certified
public accountant. A licensee shall also submit any other financial or related
information the Board deems necessary to effectively administer this Act and
all rules, regulations, and final decisions promulgated under this Act.
(h) The Board shall name and appoint in the manner provided by the rules
and regulations of the Board: an Executive Director; a State director
of mutuels; State veterinarians and representatives to take saliva, blood,
urine and other tests on horses; licensing personnel; revenue
inspectors; and State seasonal employees (excluding admission ticket
sellers and mutuel clerks). All of those named and appointed as provided
in this subsection shall serve during the pleasure of the Board; their
compensation shall be determined by the Board and be paid in the same
manner as other employees of the Board under this Act.
(i) The Board shall require that there shall be 3 stewards at each horse
race meeting, at least 2 of whom shall be named and appointed by the Board.
Stewards appointed or approved by the Board, while performing duties
required by this Act or by the Board, shall be entitled to the same rights
and immunities as granted to Board members and Board employees in Section
10 of this Act.
(j) The Board may discharge any Board employee
who fails or refuses for any reason to comply with the rules and
regulations of the Board, or who, in the opinion of the Board,
is guilty of fraud, dishonesty or who is proven to be incompetent.
The Board shall have no right or power to determine who shall be officers,
directors or employees of any licensee, or their salaries
except the Board may, by rule, require that all or any officials or
employees in charge of or whose duties relate to the actual running of
races be approved by the Board.
(k) The Board is vested with the power to appoint
delegates to execute any of the powers granted to it under this Section
for the purpose of administering this Act and any rules or regulations
promulgated in accordance with this Act.
(l) The Board is vested with the power to impose civil penalties of up to
$5,000 against an individual and up to $10,000 against a
licensee for each
violation of any provision of this Act, any rules adopted by the Board, any
order of the Board or any other action which, in the Board's discretion, is
a detriment or impediment to horse racing or wagering. Beginning on the date when any organization licensee begins conducting gaming pursuant to an organization gaming license issued under the Illinois Gambling Act, the power granted to the Board pursuant to this subsection (l) shall authorize the Board to impose penalties of up to $10,000 against an individual and up to $25,000 against a licensee. All such civil penalties shall be deposited into the Horse Racing Fund.
(m) The Board is vested with the power to prescribe a form to be used
by licensees as an application for employment for employees of
(n) The Board shall have the power to issue a license
to any county fair, or its
agent, authorizing the conduct of the pari-mutuel system of
wagering. The Board is vested with the full power to promulgate
reasonable rules, regulations and conditions under which all horse race
meetings licensed pursuant to this subsection shall be held and conducted,
including rules, regulations and conditions for the conduct of the
pari-mutuel system of wagering. The rules, regulations and
conditions shall provide for the prevention of practices detrimental to the
public interest and for the best interests of horse racing, and shall
prescribe penalties for violations thereof. Any authority granted the
Board under this Act shall extend to its jurisdiction and supervision over
county fairs, or their agents, licensed pursuant to this subsection.
However, the Board may waive any provision of this Act or its rules or
regulations which would otherwise apply to such county fairs or their agents.
(o) Whenever the Board is authorized or
required by law to consider some aspect of criminal history record
information for the purpose of carrying out its statutory powers and
responsibilities, then, upon request and payment of fees in conformance
with the requirements of Section 2605-400 of
the Department of State Police Law (20 ILCS 2605/2605-400), the Department of State Police is
authorized to furnish, pursuant to positive identification, such
information contained in State files as is necessary to fulfill the request.
(p) To insure the convenience, comfort, and wagering accessibility of
race track patrons, to provide for the maximization of State revenue, and
to generate increases in purse allotments to the horsemen, the Board shall
require any licensee to staff the pari-mutuel department with
(Source: P.A. 101-31, eff. 6-28-19.)