Bill Text: IL HB5064 | 2009-2010 | 96th General Assembly | Engrossed

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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.

Sponsorship: 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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AN ACT concerning gaming.
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 Sections 4, 5, and 21 as follows:
(230 ILCS 5/4) (from Ch. 8, par. 37-4)
Sec. 4. The Board shall consist of 11 members to be
appointed by the Governor with the advice and consent of the
Senate, not more than 6 of whom shall be of the same political
party, and one of whom shall be designated by the Governor to
be chairman. Each member shall have a reasonable knowledge of
harness or thoroughbred racing practices and procedure and of
the principles of harness or thoroughbred racing and breeding
and, at the time of his appointment, shall be a resident of the
State of Illinois and shall have resided therein for a period
of at least 5 years next preceding his appointment and
qualification and he shall be a qualified voter therein and not
less than 25 years of age.
Notwithstanding any provision of this Section to the
contrary, the term of office of each member of the Board ends
30 days after the effective date of this amendatory Act of the
96th General Assembly or when their successors are appointed
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
appoint, with the advice and consent of the Senate, 11 members
to the Board who otherwise meet the qualifications under this
Section.
(Source: P.A. 91-798, eff. 7-9-00.)
(230 ILCS 5/5) (from Ch. 8, par. 37-5)
Sec. 5. As soon as practicable following the effective date
of this amendatory Act of 1995, the Governor shall appoint,
with the advice and consent of the Senate, members to the Board
as follows: 3 members for terms expiring July 1, 1996; 3
members for terms expiring July 1, 1998; and 3 members for
terms expiring July 1, 2000. Of the 2 additional members
appointed pursuant to this amendatory Act of the 91st General
Assembly, the initial term of one member shall expire on July
1, 2002 and the initial term of the other member shall expire
on July 1, 2004. Thereafter, the terms of office of the Board
members shall be 6 years. Incumbent members on the effective
date of this amendatory Act of 1995 shall continue to serve
only until their successors are appointed and have qualified.
The terms of office of the initial Board members appointed
pursuant to this amendatory Act of the 96th General Assembly
will run as follows, to be determined by lot: one for a term
expiring July 1 of the year following confirmation, 2 for a
term expiring July 1 two years following confirmation, 2 for a
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
a term expiring July 1 five years following confirmation, and 2
for a term expiring July 1 six years following confirmation.
Upon the expiration of the foregoing terms, the successors of
such members shall serve a term of 6 years and until their
successors are appointed and qualified for like terms.
Each member of the Board shall receive $300 per day for
each day the Board meets and for each day the member conducts a
hearing pursuant to Section 16 of this Act, provided that no
Board member shall receive more than $5,000 in such fees during
any calendar year, or an amount set by the Compensation Review
Board, whichever is greater. Members of the Board shall also be
reimbursed for all actual and necessary expenses and
disbursements incurred in the execution of their official
duties.
(Source: P.A. 91-357, eff. 7-29-99; 91-798, eff. 7-9-00.)
(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

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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 applicant.
(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

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as the agreement signatories' joint and several application for
racing dates during the term of the agreement. Unless otherwise
provided by law, the Board and its employees may not, as a
condition, or a factor, in determining the number of racing
dates awarded to the race track require (i) the General
Assembly to pass legislation; (ii) that a collective bargaining
agreement be reached between the Board and any of its
employees; or (iii) the inclusion of any provisions within a
collective bargaining agreement between the Board and any of
its employees.
(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

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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 such organization licensee may provide that at
least one race per day may be devoted to the racing of quarter
horses, appaloosas, 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. 90-754, eff. 1-1-99; 91-40, eff. 6-25-99.)
Section 99. Effective date. This Act takes effect upon
becoming law.