Bill Text: IL HB5064 | 2009-2010 | 96th General Assembly | Engrossed
Bill Title: Amends the Illinois Horse Racing Act of 1975. Provides that neither legislation passed by the General Assembly nor a collective bargaining agreement between the Racing Board and its employees can be a condition, or a factor, in determining the number of racing dates awarded to the race track. Effective immediately.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Engrossed - Dead) 2010-03-17 - Referred to Assignments [HB5064 Detail]
Download: Illinois-2009-HB5064-Engrossed.html
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1 | AN ACT concerning gaming.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | 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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6 | (230 ILCS 5/4) (from Ch. 8, par. 37-4)
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7 | 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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19 | 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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1 | 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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6 | (230 ILCS 5/5) (from Ch. 8, par. 37-5)
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7 | 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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12 | 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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17 | 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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20 | 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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1 | 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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12 | 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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16 | (Source: P.A. 91-357, eff. 7-29-99; 91-798, eff. 7-9-00.)
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17 | (230 ILCS 5/21) (from Ch. 8, par. 37-21)
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18 | 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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24 | 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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1 | 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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10 | 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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13 | (b) The Board may exercise discretion in granting racing
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14 | dates to qualified applicants different from those requested by | ||||||
15 | the
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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20 | 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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26 | interests of racing. The Board shall treat any such agreement |
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1 | 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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11 | (c) Where 2 or more applicants propose to conduct horse
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12 | 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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17 | (d) (Blank).
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18 | (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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1 | sums due to the patrons of pari-mutuel pools.
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2 | (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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6 | (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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9 | (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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14 | (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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17 | (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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21 | within the organization license.
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22 | (Source: P.A. 90-754, eff. 1-1-99; 91-40, eff. 6-25-99.)
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23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.
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