Public Act 90-0754 of the 90th General Assembly

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Public Act 90-0754

HB2729 Enrolled                                LRB9009225LDpk

    AN ACT to amend the Illinois Horse Racing Act of 1975  by
changing Section 21.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5. The Illinois  Horse  Racing  Act  of  1975  is
amended by changing Section 21 as follows:

    (230 ILCS 5/21) (from Ch. 8, par. 37-21)
    Sec.  21. (a) Applications for organization licenses must
be filed with the Board at a time and place prescribed by the
rules and regulations of the Board.  The Board shall  examine
the  applications  within  21 days after the date allowed for
filing with respect to their conformity  with  this  Act  and
such  rules   and  regulations  as  may  be prescribed by the
Board.  If any application does not comply with this  Act  or
the  rules  and  regulations  prescribed  by  the Board, such
application may  be  rejected  and  an  organization  license
refused to the applicant, or the Board may, within 21 days of
the  receipt of such application, advise the applicant of the
deficiencies of the application under the Act  or  the  rules
and regulations of the Board, and require the submittal of an
amended  application  within  a reasonable time determined by
the Board; and upon submittal of the amended  application  by
the   applicant,  the  Board  may  consider  the  application
consistent with the process described in subsection (e-5)  of
Section  20  of this Act.  If it is found to be in compliance
with this Act and the rules and regulations of the Board, the
Board  may  then  issue  an  organization  license  to   such
    (b)  The Board may exercise discretion in granting racing
dates  to qualified applicants different from those requested
by the applicants in their  applications.   However,  if  all
eligible  applicants  for  organization licenses whose tracks
are located within 100 miles of each other execute and submit
to the Board a written agreement among such applicants as  to
the  award of racing dates, including where applicable racing
programs, for up to 3  consecutive  years,  then  subject  to
annual review of each applicant's compliance with Board rules
and  regulations,  provisions  of  this  Act  and  conditions
contained  in  annual  dates  orders issued by the Board, the
Board may grant such dates and programs to such applicants as
so agreed by them if the Board determines that the  grant  of
these  racing  dates is in the best interests of racing.  The
Board  shall  treat  any  such  agreement  as  the  agreement
signatories' joint and several application for  racing  dates
during the term of the agreement.
    (c)  Where  2 or more applicants propose to conduct horse
race meetings within 35 miles of each other, as certified  to
the   Board  under  Section  19  (a)  (1)  of  this  Act,  on
conflicting dates, the Board  may  determine  and  grant  the
number of racing days to be awarded to the several applicants
in  accordance  with  the  provisions  of subsection (e-5) of
Section 20 of this Act.
    (d)  (Blank).
    (e)  Prior to the issuance of  an  organization  license,
the applicant shall file with the Board a bond payable to the
State  of  Illinois  in  the sum of $200,000, executed by the
applicant and a surety company or companies authorized to  do
business  in  this State, and conditioned upon the payment by
the organization licensee of all taxes due under Section  27,
other  monies  due and payable under this Act, all purses due
and payable, and that the  organization  licensee  will  upon
presentation  of the winning ticket or tickets distribute all
sums due to the patrons of pari-mutuel pools.
    (f)  Each organization license shall specify  the  person
to  whom  it  is issued, the dates upon which horse racing is
permitted, and the location, place, track, or enclosure where
the horse race meeting is to be held.
    (g)  Any person who owns one or more race  tracks  within
the  State may seek, in its own name, a separate organization
license for each race track.
    (h)  All racing conducted under such organization license
is subject to this Act and to the rules and regulations  from
time  to  time  prescribed  by  the  Board,  and  every  such
organization  license  issued  by  the  Board shall contain a
recital to that effect.
    (i)  Each Any such organization licensee may in the  case
of days allotted to thoroughbred horse racing may, with prior
approval  of  the Board, provide that at least one race per a
day  may  be  devoted  to  the  racing  of  quarter   horses,
appaloosas, or arabians, or paints.
    (j)  In acting on applications for organization licenses,
the  Board shall give weight to an organization license which
has implemented a good faith  affirmative  action  effort  to
recruit,  train and upgrade minorities in all classifications
within the organization license.
(Source: P.A. 88-495; 89-16, eff. 5-30-95.)

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