(230 ILCS 5/1) (from Ch. 8, par. 37-1)
Sec. 1.
This Act shall be known and may be cited as
the "Illinois Horse Racing Act of 1975".
(Source: P.A. 79-1185.)
(230 ILCS 5/1.2)
Sec. 1.2. Legislative intent. This Act is intended to benefit the people of the State of Illinois by
encouraging the breeding and production of race horses, assisting economic
development and promoting Illinois tourism.
The General Assembly finds and declares it to be the public policy
of the State
of Illinois to:
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 5/1.3)
Sec. 1.3. Legislative findings.
(a) The General Assembly finds that the Illinois gaming industry is a single
industry consisting of horse racing and riverboat gambling. Reports issued by
the Economic and Fiscal Commission (now Commission on Government Forecasting and Accountability) in 1992, 1994, and 1998 have
found that horse racing and riverboat gambling:
(b) The General Assembly declares it to be the public policy of this State
to ensure the viability of both horse racing and riverboat aspects of the
Illinois gaming industry.
(Source: P.A. 95-331, eff. 8-21-07.)
(230 ILCS 5/2) (from Ch. 8, par. 37-2)
Sec. 2.
There is hereby created and established an
Illinois Racing Board which shall have the powers and duties specified
in this Act, and also the powers necessary and proper to enable it to
fully and effectively execute all the provisions and purposes of this Act.
The jurisdiction, supervision, powers, and duties of the Board shall
extend under this Act to every person who holds or conducts any meeting within
the State of Illinois
where horse racing is permitted for any stake, purse or reward.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/2.1)
Sec. 2.1. (Repealed).
(Source: P.A. 84-1468. Repealed by P.A. 101-31, eff. 6-28-19.)
(230 ILCS 5/2.5)
Sec. 2.5. Separation from Department of Revenue. On the effective date of this amendatory Act of the 96th General Assembly, all of the powers, duties, assets, liabilities, employees, contracts, property, records, pending business, and unexpended appropriations of the Department of Revenue related to the administration and enforcement of this Act are transferred to the Illinois Racing Board.
The status and rights of the transferred employees, and the rights of the State of Illinois and its agencies, under the Personnel Code and applicable collective bargaining agreements or under any pension, retirement, or annuity plan are not affected (except as provided in the Illinois Pension Code) by that transfer or by any other provision of this amendatory Act of the 96th General Assembly.
(Source: P.A. 96-796, eff. 10-29-09.)
(230 ILCS 5/3) (from Ch. 8, par. 37-3)
Sec. 3.
As used in this Act, except where the context otherwise
requires, the terms defined in Section 3.01 through 3.23 have the
meanings ascribed to
them in those Sections.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/3.01) (from Ch. 8, par. 37-3.01)
Sec. 3.01.
"Board" means the Illinois Racing Board.
(Source: P.A. 79-1185.)
(230 ILCS 5/3.02) (from Ch. 8, par. 37-3.02)
Sec. 3.02.
"Breakage" means the odd cents by which
the amount payable on each dollar wagered exceeds a multiple of 10¢.
(Source: P.A. 79-1185.)
(230 ILCS 5/3.04) (from Ch. 8, par. 37-3.04)
Sec. 3.04.
"Director of mutuels" means the individual
representing the Board in the supervision and verification of the pari-mutuel
wagering pool totals
for each racing day, which verification shall be the basis for
computing State privilege or pari-mutuel taxes, licensee commissions and
purses.
(Source: P.A. 91-40, eff. 6-25-99.)
(230 ILCS 5/3.05) (from Ch. 8, par. 37-3.05)
Sec. 3.05.
"Family" means husband, wife, brother, or sister, parents, and
children.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/3.06) (from Ch. 8, par. 37-3.06)
Sec. 3.06.
"Horse racing" shall mean any type of horse
racing, including, but not limited to, Arabian, Appaloosa, Harness, Quarter Horse, and
Thoroughbred horse racing.
(a) "Arabian horse racing" means the form of horse racing in which
each participating horse is an Arabian horse (including mare, gelding, colt, and
filly), registered as such with and meeting the requirements of
the Arabian Horse Club Registry of America and approved by
the Arabian Horse Racing Association of America, mounted by a jockey and engaged in
races on the flat over a distance of not less than 1/4 of a mile nor more
than 4 miles.
(b) "Appaloosa horse racing" means the form of horse racing in
which each participating horse is an Appaloosa horse (including mare, gelding,
colt, and
filly), registered as such with and meeting the requirements of and
approved by the Appaloosa Horse Club, mounted by a jockey and engaged
in races on the flat over a distance of not less than 1/4 of a mile nor more than
4 miles.
(c) "Harness horse racing" means the form of horse racing in
which each participating horse is a Harness (also termed Standardbred) horse,
registered as such with and meeting the requirements of and approved by the
United States Trotting Association, and harnessed to a sulky, carriage or
similar vehicle. Harness horse racing shall not include any form of
horse racing where the horses are mounted by jockeys.
(d) "Quarter Horse racing" means the form of horse racing
where each participating horse is a Quarter Horse, registered as such with and meeting
the requirements of and approved by the American Quarter Horse Association,
mounted by a jockey and engaged in a race over a distance less than 1/2 of a mile.
(e) "Thoroughbred horse racing" means the form of horse racing in
which each participating horse is a Thoroughbred horse, registered as
such with and meeting the requirements of and approved by the Jockey Club of New
York (including racing permits issued to foreign Thoroughbred horses), mounted by
a jockey and engaged in races on the flat. Thoroughbred horse racing shall
include a steeplechase or hurdle race.
(Source: P.A. 82-96.)
(230 ILCS 5/3.07) (from Ch. 8, par. 37-3.07)
Sec. 3.07.
"Horse race meeting" or "race meeting" or "meeting"
shall mean the whole period of time, whether consecutive dates or those
instances where
nonconsecutive dates are granted, for which an organization license to race
has been granted to any one organization licensee by the Board.
(Source: P.A. 89-16. eff. 5-30-95.)
(230 ILCS 5/3.071) (from Ch. 8, par. 37-3.071)
Sec. 3.071. Inter-track wagering. "Inter-track Wagering" means a legal wager on the outcome of a
simultaneously televised
horse race taking place at an Illinois race track placed or accepted at any
location authorized to accept wagers under this Act, excluding the Illinois
race track at which that horse race is being conducted and excluding advance deposit wagering through an advance deposit wagering licensee.
(Source: P.A. 96-762, eff. 8-25-09.)
(230 ILCS 5/3.072) (from Ch. 8, par. 37-3.072)
Sec. 3.072.
"Inter-track wagering licensee" means any organization
licensee receiving a license from the Board to conduct inter-track wagering
at the organization licensee's race track, or a facility within
300 yards of the organization licensee's race track.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/3.073) (from Ch. 8, par. 37-3.073)
Sec. 3.073.
"Inter-track wagering location licensee" means any
organization licensee or person having operating control of a racing
facility at which pari-mutuel wagering is conducted, receiving a license
from the Board as provided in Section 3.072 of this Act to
conduct inter-track wagering at a location or locations in addition to those
permitted under Section 3.072 of this Act.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/3.074)
Sec. 3.074.
"Simulcast wagering" means a legal wager placed or accepted at
any location within Illinois
authorized to accept wagers under this Act with respect to the outcome of a
simultaneously televised horse race taking place at a race track outside of
Illinois.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/3.075)
Sec. 3.075.
(a) "Host track" means the organization licensee (i)
conducting live thoroughbred racing between the hours of 6:30 a.m. and 6:30
p.m. from the first day to the last day of its horse racing meet as awarded by
the Board (including all days within that period when no live racing occurs),
except as otherwise provided in subsections (c) and (e) of this Section, or
(ii) conducting live standardbred racing between the hours of 6:30 p.m. to 6:30
a.m. of the following day from the first day to the last day of its horse
racing meet as awarded by the Board (including all days within that period when
no live racing occurs, except as otherwise provided in subsections (b), (d),
and (e) of this Section); provided that the organization licensee conducts live
racing no fewer
than 5 days per week with no fewer than 9 races per
day, unless
a lesser schedule of live racing is the result of (1)
weather, unsafe track conditions, or other acts of God; (2) an agreement
between the organization licensee and the associations representing the largest
number of owners, trainers, and standardbred drivers who race horses at that
organization licensee's race meeting, with
the Board's consent; or (3) a decision by the Board after a public hearing (in
which the associations representing the owners, trainers, jockeys, or
standardbred drivers who race
horses at that organization licensee's race meeting shall participate) either
at the time racing dates are awarded or after those dates are awarded due to
changed financial
circumstances, upon a written petition from the organization licensee,
accompanied by supporting financial data as requested by the Board, stating
that the organization licensee has and will continue to incur significant
financial losses. No organization licensee conducting its race meeting in a
county bordering the Mississippi River and having a population greater than
230,000 may be a host track for its race meeting.
(b) (Blank).
(c) (Blank).
(d) Notwithstanding the provisions of subsection (a) of this Section and
except as otherwise provided in subsection (e) of this Section, in the
event that 2 organization licensees conduct their standardbred race meetings
concurrently on any date after January 1, 1996, between the hours of 6:30
p.m. and 6:30 a.m., the organization licensee awarded the most racing dates
between 6:30 p.m. and 6:30 a.m. during the calendar year in which that
concurrent racing occurs will be deemed the host track, provided that the 2
organization licensees collectively conduct live standardbred racing between
6:30 p.m. and 6:30 a.m. during the week in which concurrent race meetings occur
no less than 5 days per week with no less than 9 races per day. During each
week of the calendar year in which 2 organization licensees are conducting live
standardbred race meetings between 6:30 p.m. and 6:30 a.m., if there is
any day in that week on which only one organization licensee is conducting a
standardbred race meeting between 6:30 p.m. and 6:30 a.m., that organization
licensee shall be the host track provided that the 2 organization licensees
collectively conduct live standardbred racing between 6:30 p.m. and 6:30 a.m.
during the week in which concurrent race meetings occur no less than 5 days per
week with no less than 9 races per day. During each week of the calendar year
in which 2 organization licensees are concurrently conducting live standardbred
race meetings on one or more days between 6:30 p.m. and 6:30 a.m., if there is
any day in that week on which no organization licensee is conducting a
standardbred race meeting between 6:30 p.m. and 6:30 a.m., the organization
licensee conducting a standardbred race meeting during that week and time
period that has been awarded the most racing dates during the calendar year
between 6:30 p.m. and 6:30 a.m. shall be the host track,
provided that the 2 organization licensees collectively conduct live
standardbred racing between 6:30 p.m. and 6:30 a.m. during the week in which
concurrent race meetings occur no less than 5 days per week with no less than 9
races per day. The requirement in this subsection (d) that live racing be
conducted no less than 5 days per week with no less than 9 races per day shall
be subject to exceptions set forth in items (1), (2), and (3) of subsection (a)
of Section 3.075.
(e) During any calendar period in which no organization licensee has been
awarded
a thoroughbred race meeting, the host track, between the hours of 6:30 a.m. and
6:30 p.m. of such period, shall be an organization licensee determined by the
Board, provided the organization licensee has been awarded a thoroughbred race
meeting in the current year and is eligible to be a host track.
(Source: P.A. 91-40, eff. 6-25-99.)
(230 ILCS 5/3.076)
Sec. 3.076.
"Interstate commission fee" means the fee or commission paid
by an Illinois licensee to receive an interstate simulcast.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/3.077)
Sec. 3.077. Non-host licensee. "Non-host licensee" means a licensee operating concurrently
with a host track, but does not include an advance deposit wagering licensee.
(Source: P.A. 96-762, eff. 8-25-09.)
(230 ILCS 5/3.078)
Sec. 3.078.
"Supplemental interstate simulcast" means an interstate
simulcast race or race programs received by a non-host licensee in addition to
simulcasts received from a host track.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/3.079)
Sec. 3.079.
"Affiliated non-host licensee" means a non-host licensee
owned by the same organization licensee.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/3.080)
Sec. 3.080.
"Simulcast program" means the program of simultaneously
televised horse races, including (i) the signal of any out-of-state horse race
selected by the host track subject to the disapproval of the Board, (ii) the
signals of live racing of all organization licensees, which must be included by
the host track; and (iii) the signal of live racing at the DuQuoin and
Springfield State fairs, if mandated by the Board.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/3.08) (from Ch. 8, par. 37-3.08)
Sec. 3.08.
"Minor" means any individual under the
age of 18 years.
(Source: P.A. 93-363, eff. 1-1-04.)
(230 ILCS 5/3.09) (from Ch. 8, par. 37-3.09)
Sec. 3.09.
"Occupation Licensee" means any person who has obtained an occupation
license pursuant to Section 15.
(Source: P.A. 79-1185.)
(230 ILCS 5/3.10) (from Ch. 8, par. 37-3.10)
Sec. 3.10.
(Repealed).
(Source: Repealed by P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/3.11) (from Ch. 8, par. 37-3.11)
Sec. 3.11.
"Organization licensee" means any person receiving
an organization license from the Board to conduct a race meeting or meetings. With respect only to organization gaming, "organization licensee" includes the authorization for an organization gaming license under subsection (a) of Section 56 of this Act.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 5/3.12) (from Ch. 8, par. 37-3.12)
Sec. 3.12. Pari-mutuel system of
wagering.
"Pari-mutuel system of
wagering" means a form of wagering on the outcome of
horse races in which
wagers are made in various
denominations on a horse or horses
and
all wagers for each race are pooled and held by a licensee
for distribution in a manner approved by the Board. "Pari-mutuel system of wagering" shall not include wagering on historic races. Wagers may be placed via any method or at any location authorized under this Act.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 5/3.13) (from Ch. 8, par. 37-3.13)
Sec. 3.13.
"Pari-mutuel pool" or "mutuel pool" or "pool" means the total
money wagered by patrons and held by a licensee under
the
pari-mutuel system on any horse or horses in a particular race. There is a
separate mutuel pool for win, place and show, and for
each
of the
various forms of betting as defined by the rules and regulations of the
Board. Subject to the prior
consent of the Board, any such pool may be supplemented by a licensee in order
to guarantee a minimum distribution.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/3.14) (from Ch. 8, par. 37-3.14)
Sec. 3.14.
"Person" means any individual, partnership, corporation,
or other association or entity, trustee or legal representative.
A corporation which is a wholly owned subsidiary of another licensee
corporation shall be deemed a separate person for purposes of this
Act.
(Source: P.A. 81-1509.)
(230 ILCS 5/3.15) (from Ch. 8, par. 37-3.15)
Sec. 3.15.
"Public official" means a person who is a public officer, as
defined in
Section 2-18 of the Criminal Code of 2012, of the
State or any municipality, county or township.
(Source: P.A. 97-1150, eff. 1-25-13.)
(230 ILCS 5/3.16) (from Ch. 8, par. 37-3.16)
Sec. 3.16.
"Racing" means horse racing.
(Source: P.A. 79-1185.)
(230 ILCS 5/3.17) (from Ch. 8, par. 37-3.17)
Sec. 3.17.
"Racing days" (or dates) are days within a horse race meeting
on which an organization licensee is authorized by the Board to conduct horse
racing.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/3.18) (from Ch. 8, par. 37-3.18)
Sec. 3.18.
"Executive Director" means the executive
director of the Illinois Racing Board.
(Source: P.A. 84-531.)
(230 ILCS 5/3.19) (from Ch. 8, par. 37-3.19)
Sec. 3.19.
"Stewards" means the steward or stewards representing the Board,
the steward or stewards representing the organization licensee, and any other
steward or stewards whose duty it shall be to supervise any horse race meeting as
may be provided for by rules and regulations of the Board; such rules and
regulations shall specify the number of stewards to be appointed,
the method and manner of their appointment, and their powers, authority
and duties. Stewards shall have the power to administer oaths and affirmations.
(Source: P.A. 83-589.)
(230 ILCS 5/3.20)
Sec. 3.20. Licensee.
"Licensee" means an individual organization licensee, an
inter-track wagering licensee, an
inter-track wagering location licensee, or an advance deposit wagering licensee, as
the context of this Act requires.
(Source: P.A. 96-762, eff. 8-25-09.)
(230 ILCS 5/3.21)
Sec. 3.21.
"Facilities" means the offices, racetracks and all related
grounds and structures, and other building improvements or fixtures associated
with the activities of a licensee under this Act.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/3.22)
Sec. 3.22. Wagering facility.
"Wagering facility" means any location at which a licensee, other than an advance deposit wagering licensee,
may
accept or receive pari-mutuel wagers under this Act.
(Source: P.A. 96-762, eff. 8-25-09.)
(230 ILCS 5/3.23)
Sec. 3.23. Wagering.
"Wagering" means, collectively, the pari-mutuel system of
wagering, inter-track wagering,
simulcast wagering, and advance deposit wagering.
(Source: P.A. 96-762, eff. 8-25-09.)
(230 ILCS 5/3.28)
Sec. 3.28. Advance deposit wagering licensee. "Advance deposit wagering licensee" means a person licensed by the Board to conduct advance deposit wagering. An advance deposit wagering licensee shall be an organization licensee or a person or third party who contracts with an organization licensee in order to conduct advance deposit wagering.
(Source: P.A. 96-762, eff. 8-25-09.)
(230 ILCS 5/3.29)
Sec. 3.29. Advance deposit wagering. "Advance deposit wagering" means a method of pari-mutuel wagering in which an individual may establish an account, deposit money into the account, and use the account balance to pay for pari-mutuel wagering authorized by this Act. An advance deposit wager may be placed in person at a wagering facility or from any other location via a telephone-type device or any other electronic means. Any person who accepts an advance deposit wager who is not licensed by the Board as an advance deposit wagering licensee shall be considered in violation of this Act and the Criminal Code of 2012. Any advance deposit wager placed in person at a wagering facility shall be deemed to have been placed at that wagering facility.
(Source: P.A. 96-762, eff. 8-25-09; 97-1150, eff. 1-25-13.)
(230 ILCS 5/3.30)
Sec. 3.30. Advance deposit wagering terminal. "Advance deposit wagering terminal" means any electronic device placed by an advance deposit wagering licensee at a wagering facility that facilitates the placement of an advance deposit wager and that can be electronically tracked so the location of the wagering facility where the advance deposit wagering terminal is located can be readily identified and so all wagers placed through the advance deposit wagering terminal are easily reportable.
(Source: P.A. 96-762, eff. 8-25-09.)
(230 ILCS 5/3.31)
Sec. 3.31. Illinois conceived and foaled. Notwithstanding any provision of this Act to the contrary, from January 1, 2018 until January 1, 2022, "Illinois conceived and foaled", as the term applies to a standardbred, includes a standardbred horse whose sire is a qualified Illinois stallion.
(Source: P.A. 100-777, eff. 8-10-18.)
(230 ILCS 5/3.32)
Sec. 3.32. Gross receipts. "Gross receipts" means the total amount of money exchanged for the purchase of chips, tokens, or electronic cards by riverboat or casino patrons or organization gaming patrons.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 5/3.33)
Sec. 3.33. Adjusted gross receipts. "Adjusted gross receipts" means the gross receipts less winnings paid to wagerers.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 5/3.34)
Sec. 3.34. Organization gaming facility. "Organization gaming facility" means that portion of an organization licensee's racetrack facilities at which gaming authorized under Section 7.7 of the Illinois Gambling Act is conducted.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 5/3.35)
Sec. 3.35. Organization gaming license. "Organization gaming license" means a license issued by the Illinois Gaming Board under Section 7.7 of the Illinois Gambling Act authorizing gaming pursuant to that Section at an organization gaming facility.
(Source: P.A. 101-31, eff. 6-28-19.)
(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.
(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.
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 5/6) (from Ch. 8, par. 37-6)
Sec. 6. Restrictions on Board members.
(a) No person shall be appointed a member of the Board or continue to be a member of the Board if the person or any member of their immediate family is a member of the Board of Directors, employee, or financially interested in any of the following: (i) any licensee or other person who has applied for racing dates to the Board, or the operations thereof including, but not limited to, concessions, data processing, track maintenance, track security, and pari-mutuel operations, located, scheduled or doing business within the State of Illinois, (ii) any race horse competing at a meeting under the Board's jurisdiction, or (iii) any licensee under the Illinois Gambling Act.
(b) No person shall be a member of the Board who is not of good moral
character or who
has been convicted of, or is under indictment for, a felony under the laws
of Illinois or any
other state, or the United States.
(c) No member of the Board or employee shall engage in any political activity.
For the purposes of this subsection (c):
"Political" means any activity in support of or in connection with any campaign for State or local elective office or any political organization, but does not include activities (i) relating to the support or opposition of any executive, legislative, or administrative action (as those terms are defined in Section 2 of the Lobbyist Registration Act), (ii) relating to collective bargaining, or (iii) that are otherwise in furtherance of the person's official State duties or governmental and public service functions.
"Political organization" means a party, committee, association, fund, or other organization (whether or not incorporated) that is required to file a statement of organization with the State Board of Elections or county clerk under Section 9-3 of the Election Code, but only with regard to those activities that require filing with the State Board of Elections or county clerk.
(d) Board members and employees may not engage in communications or any activity that may cause or have the appearance of causing a conflict of interest. A conflict of interest exists if a situation influences or creates the appearance that it may influence judgment or performance of regulatory duties and responsibilities. This prohibition shall extend to any act identified by Board action that, in the judgment of the Board, could represent the potential for or the appearance of a conflict of interest.
(e) Board members and employees may not accept any gift, gratuity, service, compensation, travel, lodging, or thing of value, with the exception of unsolicited items of an incidental nature, from any person, corporation, limited liability company, or entity doing business with the Board.
(f) A Board member or employee shall not use or attempt to use his or her official position to secure, or attempt to secure, any privilege, advantage, favor, or influence for himself or herself or others. No Board member or employee, within a period of one year immediately preceding nomination by the Governor or employment, shall have been employed or received compensation or fees for services from a person or entity, or its parent or affiliate, that has engaged in business with the Board, a licensee or a licensee under the Illinois Gambling Act. In addition, all Board members and employees are subject to the restrictions set forth in Section 5-45 of the State Officials and Employees Ethics Act.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 5/7) (from Ch. 8, par. 37-7)
Sec. 7.
Vacancies in the Board shall be filled for the unexpired term
in like manner as original appointments. Each member of the Board shall be
eligible for reappointment in the discretion of the Governor with
the advice and consent of
the Senate.
(Source: P.A. 79-1185.)
(230 ILCS 5/8) (from Ch. 8, par. 37-8)
Sec. 8.
Before entering upon the discharge of the duties
of his office, each member of the Board shall take an oath that he will
faithfully execute the duties of his office according to the laws of the
State and the rules and regulations adopted therewith. Any member of the Board
who fails to take oath
within 30 days from the date of his appointment shall be guilty of
neglect of duty and may be removed by the Governor.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/9) (from Ch. 8, par. 37-9)
Sec. 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
in this
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
races
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
of
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
or
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,
employees
or
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
thereof or
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
orderly
conduct of horse racing or wagering; provided, however, that no person
shall be
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
transmit to
the Board
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
each licensee.
(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 Illinois State Police Law, the Illinois 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
adequate personnel.
(Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.)
(230 ILCS 5/10) (from Ch. 8, par. 37-10)
Sec. 10.
Any Board member or Board employee who
is subject to any civil action arising from any act executed by him while serving
as a Board member or Board employee shall be represented by the Attorney General.
All costs of defending such law suit and satisfaction of any judgment rendered
against a Board member or Board employee shall be incurred by the Board. Any
Board member or Board employee is entitled to the
benefit of this Section provided the act was committed in good faith.
(Source: P.A. 79-1185.)
(230 ILCS 5/11) (from Ch. 8, par. 37-11)
Sec. 11.
(Repealed).
(Source: Repealed by P.A. 88-495.)
(230 ILCS 5/12) (from Ch. 8, par. 37-12)
Sec. 12.
(a) Board members shall employ under the "Personnel
Code", as now or hereafter amended, such representatives, accountants,
clerks, stenographers, inspectors, and other
employees as may be necessary. No person shall be appointed or hold
any office or position under the Board who, or any member of whose family, is:
(b) Any employee violating the prohibitions set forth
in subsection (a) of this Section shall be subject
to the termination of his or her employment. If the Board determines that
an employee is in violation of subsection (a) of this Section and should be
discharged, it must observe the procedures outlined in the "Personnel
Code", as now or hereafter amended, as they apply to discharge proceedings.
(c) No person employed by the Board during the 12 months preceding the
effective date of this Act shall be terminated from employment due to a
violation
of the prohibitions set forth in subsection (a) of this Section.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/12.1) (from Ch. 8, par. 37-12.1)
Sec. 12.1.
(a) The General Assembly finds that the Illinois Racing
Industry does not include a fair proportion of minority or female workers.
Therefore, the General Assembly urges that the job training institutes, trade
associations and employers involved in the Illinois Horse Racing Industry
take affirmative action to encourage equal employment opportunity to all
workers regardless of race, color, creed or sex.
Before an organization license, inter-track wagering license or
inter-track wagering location license can be granted, the applicant for any
such license shall execute and file with the Board a good faith affirmative
action plan to recruit, train and upgrade minorities and females in all
classifications with the applicant for license. One year after issuance of
any such license, and each year thereafter, the licensee shall file a
report with the Board evidencing and certifying compliance with the
originally filed affirmative action plan.
(b) At least 10% of the total amount of all State contracts for the
infrastructure improvement of any race track grounds in this State shall be let
to minority-owned businesses or women-owned businesses. "State contract",
"minority-owned business" and "women-owned business" shall have the meanings
ascribed to them under the Business Enterprise for Minorities, Women, and
Persons with Disabilities Act.
(Source: P.A. 100-391, eff. 8-25-17.)
(230 ILCS 5/12.2)
Sec. 12.2. Business enterprise program.
(a) For the purposes of this Section, the terms "minority", "minority-owned business", "woman", "women-owned business", "person with a disability", and "business owned by a person with a disability" have the meanings ascribed to them in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.
(b) The Board shall, by rule, establish goals for the award of contracts by each organization licensee or inter-track wagering licensee to businesses owned by minorities, women, and persons with disabilities, expressed as percentages of an organization licensee's or inter-track wagering licensee's total dollar amount of contracts awarded during each calendar year. Each organization licensee or inter-track wagering licensee must make every effort to meet the goals established by the Board pursuant to this Section. When setting the goals for the award of contracts, the Board shall not include contracts where: (1) licensees are purchasing goods or services from vendors or suppliers or in markets where there are no or a limited number of minority-owned businesses, women-owned businesses, or businesses owned by persons with disabilities that would be sufficient to satisfy the goal; (2) there are no or a limited number of suppliers licensed by the Board; (3) the licensee or its parent company owns a company that provides the goods or services; or (4) the goods or services are provided to the licensee by a publicly traded company.
(c) Each organization licensee or inter-track wagering licensee shall file with the Board an annual report of its utilization of minority-owned businesses, women-owned businesses, and businesses owned by persons with disabilities during the preceding calendar year. The reports shall include a self-evaluation of the efforts of the organization licensee or inter-track wagering licensee to meet its goals under this Section.
(d) The organization licensee or inter-track wagering
licensee shall have the right to request a waiver from the requirements of this Section. The Board shall grant the waiver where the organization licensee or inter-track wagering
licensee demonstrates that there has been made a good faith effort to comply with the goals for participation by minority-owned businesses, women-owned businesses, and businesses owned by persons with
disabilities.
(e) If the Board determines that its goals and policies are not being met by any organization licensee or inter-track wagering licensee, then the Board may:
(f) The Board shall file, no later than March 1 of each year, an annual report that shall detail the level of achievement toward the goals specified in this Section over the 3 most recent fiscal years. The annual report shall include, but need not be limited to:
(Source: P.A. 99-78, eff. 7-20-15; 99-891, eff. 1-1-17; 100-391, eff. 8-25-17.)
(230 ILCS 5/13) (from Ch. 8, par. 37-13)
Sec. 13.
The executive director shall perform any and
all duties that the Board shall assign him. The salary of the executive
director shall be determined by the Board and, in addition, he shall be
reimbursed for all actual and necessary expenses incurred by him in
discharge of his official duties. The executive director shall keep records
of all proceedings of the Board and shall preserve all records, books,
documents and other papers belonging to the Board or entrusted to its care.
The executive director shall
devote his full time to the duties of the office and shall not hold any
other office or employment.
(Source: P.A. 84-531.)
(230 ILCS 5/14) (from Ch. 8, par. 37-14)
Sec. 14.
(a) The Board shall hold regular and special meetings at such
times and places as may be necessary to perform properly and effectively all
duties required under this Act. A majority of the members of the Board shall
constitute a quorum for the transaction of any business, for the performance of
any duty, or for the exercise of any power which this Act requires the Board
members to transact, perform or exercise en banc, except that upon order of the
Board one of the Board members may conduct the hearing provided in Section 16.
The Board member conducting such hearing shall have all powers and rights
granted to the Board in this Act. The record made at the hearing shall be
reviewed by the Board, or a majority thereof, and the findings and decision of
the majority of the Board shall constitute the order of the Board in such case.
(b) The Board shall obtain a court reporter who will be present at each
regular and special meeting and proceeding and who shall make accurate
transcriptions thereof except that when in the judgment of the Board an
emergency situation requires a meeting by teleconference, the executive
director shall prepare minutes of the meeting indicating the date and time of
the meeting and which members of the Board were present or absent, summarizing
all
matters proposed, deliberated, or decided at the meeting, and indicating the
results of all votes taken. The public shall be allowed to listen to the
proceedings of that meeting at all Board branch offices.
(c) The Board shall provide records which are separate and
distinct from the records of any other State board or commission. Such
records shall be available for public inspection and shall accurately reflect
all Board proceedings.
(d) The Board shall file a written annual report with the Governor on or
before March 1 each year and such additional reports as the Governor may
request. The annual report shall include a statement of receipts and
disbursements by the Board, actions taken by the Board, a report on the
industry's progress toward the policy objectives established in Section 1.2 of
this Act, and any
additional
information and recommendations which the Board may deem valuable or which the
Governor may request.
(e) The Board shall maintain a branch office on the ground of every
organization licensee during the organization licensee's race meeting, which
office shall be kept open throughout the time the race meeting is held. The
Board shall designate one of its members, or an authorized agent of the Board
who shall have the authority to act for the Board, to be in charge of the
branch office during the time it is required to be kept open.
(Source: P.A. 91-40, eff. 6-25-99.)
(230 ILCS 5/14a) (from Ch. 8, par. 37-14a)
Sec. 14a.
The Board may employ hearing officers qualified by professional
training or previous experience according to rules established by the Board.
The Board shall also establish rules providing for the disqualification of
hearing officers for bias or conflict of interest. Such hearing officers
shall, under the
direction of the Board, take testimony of witnesses, examine accounts, records,
books, papers and facilities, either by holding
hearings or making
independent investigations, in any matter referred to them by the Board;
and make report thereof to the Board, and attend at hearings before the
Board when so directed by the Board, for the purpose of explaining their
investigations and the result thereof to the Board and the parties interested;
and perform such other duties as the Board may direct, subject to its orders.
The Board may make final administrative decisions based upon reports presented
to it and investigations and hearings conducted by hearing officers.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/15) (from Ch. 8, par. 37-15)
Sec. 15.
(a) The Board shall, in its discretion, issue occupation
licenses
to horse owners, trainers, harness drivers, jockeys, agents, apprentices,
grooms, stable foremen, exercise persons, veterinarians, valets, blacksmiths,
concessionaires and others designated by the Board whose work, in whole or in
part, is conducted upon facilities within the State. Such occupation licenses
will
be obtained prior to the
persons engaging in their vocation upon such facilities. The
Board shall not license pari-mutuel clerks, parking attendants, security
guards and employees of concessionaires. No occupation license shall be
required of
any person who works at facilities within this
State as a pari-mutuel
clerk, parking attendant, security guard or as an employee of a concessionaire.
Concessionaires of the Illinois State Fair and DuQuoin State Fair and
employees of the Illinois Department of Agriculture shall not be required to
obtain an occupation license by the Board.
(b) Each application for an occupation license shall be on forms
prescribed by the Board. Such license, when issued, shall be for the
period ending December 31 of each year, except that the Board in its
discretion may grant 3-year licenses. The application shall
be accompanied
by a fee of not more than $25 per year
or, in the case of 3-year occupation
license
applications, a fee of not more than $60. Each applicant shall set forth in
the application his full name and address, and if he had been issued prior
occupation licenses or has been licensed in any other state under any other
name, such name, his age, whether or not a permit or license issued to him
in any other state has been suspended or revoked and if so whether such
suspension or revocation is in effect at the time of the application, and
such other information as the Board may require. Fees for registration of
stable names shall not exceed $50.00. Beginning on the date when any organization licensee begins conducting gaming pursuant to an organization gaming license issued under the Illinois Gambling Act, the fee for registration of stable names shall not exceed $150, and the application fee for an occupation license shall not exceed $75, per year or, in the case of a 3-year occupation license application, the fee shall not exceed $180.
(c) The Board may in its discretion refuse an occupation license
to any person:
(d) The Board may suspend or revoke any occupation license:
(e)
Each applicant shall submit his or her fingerprints to the
Illinois State Police in the form and manner prescribed by the Illinois State Police. These fingerprints shall be checked against the fingerprint records
now and hereafter filed in the Illinois State Police and Federal Bureau of Investigation criminal history records
databases. The Illinois State Police shall charge
a fee for conducting the criminal history records check, which shall be
deposited in the State Police Services Fund and shall not exceed the actual
cost of the records check. The Illinois State Police shall furnish,
pursuant to positive identification, records of conviction to the Board.
Each applicant for licensure shall submit with his occupation
license
application, on forms provided by the Board, 2 sets of his fingerprints.
All such applicants shall appear in person at the location designated by
the Board for the purpose of submitting such sets of fingerprints; however,
with the prior approval of a State steward, an applicant may have such sets
of fingerprints taken by an official law enforcement agency and submitted to
the Board.
(f) The Board may, in its discretion, issue an occupation license without
submission of fingerprints if an applicant has been duly licensed in another
recognized racing jurisdiction after submitting fingerprints that were
subjected to a Federal Bureau of Investigation criminal history background
check
in
that jurisdiction.
(g) Beginning on the date when any organization licensee begins conducting gaming pursuant to an organization gaming license issued under the Illinois Gambling Act, the Board may charge each applicant a reasonable nonrefundable fee to defray the costs associated with the background investigation conducted by the Board. This fee shall be exclusive of any other fee or fees charged in connection with an application for and, if applicable, the issuance of, an organization gaming license. If the costs of the investigation exceed the amount of the fee charged, the Board shall immediately notify the applicant of the additional amount owed, payment of which must be submitted to the Board within 7 days after such notification. All information, records, interviews, reports, statements, memoranda, or other data supplied to or used by the Board in the course of its review or investigation of an applicant for a license or renewal under this Act shall be privileged, strictly confidential, and shall be used only for the purpose of evaluating an applicant for a license or a renewal. Such information, records, interviews, reports, statements, memoranda, or other data shall not be admissible as evidence, nor discoverable, in any action of any kind in any court or before any tribunal, board, agency, or person, except for any action deemed necessary by the Board.
(Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.)
(230 ILCS 5/15.1) (from Ch. 8, par. 37-15.1)
Sec. 15.1.
Upon collection of the fee accompanying the application for
an occupation license, the Board shall be authorized to make daily
temporary deposits of the fees, for a period not to exceed 7 days, with the
horsemen's bookkeeper at a race meeting. The horsemen's bookkeeper shall
issue a check, payable to the order of the Illinois Racing Board, for
monies deposited under this Section within 24 hours of receipt of the
monies. Provided however, upon the issuance of the check by the horsemen's
bookkeeper the check shall be deposited into the Horse Racing Fund.
(Source: P.A. 97-1060, eff. 8-24-12.)
(230 ILCS 5/15.2) (from Ch. 8, par. 37-15.2)
Sec. 15.2.
(a) No pari-mutuel clerk, parking attendant or security
guard employed by a
licensee at a wagering facility shall commit any of the following acts:
theft; fraud; wagering during the course of employment; touting;
bookmaking; or any other act which is detrimental to the best interests of
racing in Illinois. For purposes of this Section:
(b) A licensee, or occupation licensee upon receiving information that a
pari-mutuel clerk, parking attendant or security guard in his employ
has been accused of committing any act prohibited by subsection (a) of this
Section shall:
The Board may impose a civil penalty authorized by subsection (l) of
Section 9 of this Act against a licensee or
occupation licensee who fails to give
any notice required by this subsection.
(c) Upon receiving the notice required by subsection (b) of this
Section the stewards shall conduct an inquiry into the matter.
If the stewards determine that the accused has committed any of the acts
prohibited by subsection (a) of this Section, they may exclude the accused
or declare that person ineligible for employment at any pari-mutuel race
meeting or wagering facility under the jurisdiction of the
Board. A person so excluded or declared ineligible for employment may
request a hearing before the Board as provided in Section 16 of this Act.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/15.3) (from Ch. 8, par. 37-15.3)
Sec. 15.3.
Any person who makes application for an employment position
as a pari-mutuel clerk, parking attendant or security guard with a licensee, where such position would involve work conducted
in
whole or in part at a wagering facility within this State shall be required to fill out an employment
application form prescribed by the Illinois Racing Board. Such application
form shall require the applicant to state the following:
(a) whether the applicant has ever been convicted of a felony offense
under the laws of this State, the laws of any other state, or the laws of
the United States;
(b) whether the applicant has ever been convicted of a misdemeanor
offense under the laws of this State, the laws of any other state, or the
laws of the United States, which offense involved dishonesty, fraud,
deception or moral turpitude;
(c) whether the applicant has ever been excluded by the Board or any
other jurisdiction where wagering is conducted;
(d) whether the applicant has ever committed an act of touting,
bookmaking, theft, or fraud, as
those terms are defined in Section 15.2 of this Act; and
(e) any other information that the Board may deem necessary to carry out
the purposes of Public Act 84-1468.
The applicant shall sign the application form and certify that, under the
penalties of perjury of this State, the statements set forth in the
application form are true and correct.
The licensee shall, upon its decision to hire the applicant,
forward a copy of the application form to the Board. The Board shall review
the application form immediately upon receipt.
The Board's review of the application form shall include an inquiry as to
whether the applicant has been accused of any of the acts prohibited under
Section 15.2 of this Act and, if the Board does find that the applicant has
been so accused, it shall conduct an investigation to determine whether, by
a standard of reasonable certainty, the applicant committed the act. If the
Board determines that the applicant did commit any of the acts prohibited
under that Section, it may exclude the applicant or declare that the
applicant is ineligible for employment.
The Board may declare an applicant ineligible for employment if it finds
that the applicant has been previously excluded by the Board. In making
such a declaration, the Board shall consider: (a) the reasons the applicant
had been previously excluded; (b) the period of time that has elapsed since
the applicant was excluded; and (c) how the previous exclusion relates to
the applicant's ability to perform the duties of the employment position
for which he or she is applying.
When the Board excludes an applicant or declares an applicant ineligible
for employment, it shall immediately notify such applicant and the licensee of its action. A person so excluded or declared
ineligible for employment may request a hearing before the Board in
accordance with Section 16 of this Act.
No licensee may employ a pari-mutuel clerk, parking attendant
or security guard at a wagering facility after
such licensee has been notified
that such person has been declared ineligible by the Board.
Nothing herein shall be construed to limit the Board's exclusionary
authority under Section 16.
Sections
15.2 and 15.3 of this Act shall
apply to any person who holds an employment position as a
pari-mutuel clerk, parking attendant, or security guard subsequent to
July 1,
1987 with a licensee.
All such employees employed prior to July 1, 1987 shall be
required to file employment
applications with the Board, and the information required under
subparagraphs (a) through (e) of this Section pertaining to conduct or
activities prior to July 1, 1987 shall
only be used by the Board in its determination to exclude an applicant or
its declaration that an applicant is ineligible for employment based on
conduct that occurs after July 1, 1987.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/15.4) (from Ch. 8, par. 37-15.4)
Sec. 15.4.
The Board shall take disciplinary action authorized by
subsection (d) of Section 9 of this Act or impose a civil penalty
authorized by subsection (1) of Section 9 of this Act against any licensee
which requires, as a condition precedent to
employment, membership in any labor organization or association. Nothing
in this Section shall prohibit an agreement between a labor organization
or association and any such licensee which requires that, once employed, an
employee be a member of the labor organization or association.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/15.5)
Sec. 15.5. Labor agreements.
(a) This Section applies to each entity subject to this Act that has at least 10 employees on average over the 12 months preceding application for an organization gaming license.
(b) Before an organization gaming license may be granted or renewed, the applicant or licensee seeking an organization gaming license or renewal shall:
(c) Upon the expiration of a labor agreement required under this Section, the parties shall negotiate a successor agreement under the procedures set forth in paragraphs (4) and (5) of subsection (b), except that the negotiation and arbitration procedures shall commence upon the last effective day of the expiring labor agreement.
(d) The provisions of this Section, except for paragraph (2) of subsection (b), do not apply to any entity that is covered, or subsequently becomes covered, under the National Labor Relations Act, 29 U.S.C. 151 et seq. However, nothing in this Act shall affect or diminish the validity and enforceability of any collective bargaining agreement entered into during the period that this Act applies.
(Source: P.A. 101-651, eff. 8-7-20.)
(230 ILCS 5/16) (from Ch. 8, par. 37-16)
Sec. 16.
(a) The Board shall, in accordance with Section 15, have the
power to revoke or suspend an occupation license, and the steward or judges
at a race meeting shall have the power to suspend an occupation license of
any horse owner, trainer, harness driver, jockey, agent, apprentice,
groom, stable foreman, exercise boy, veterinarian, valet, blacksmith or
concessionaire whose work, in whole or in part, is conducted at facilities within the State, or to determine the eligibility for employment at a
wagering facility of a
pari-mutuel clerk, parking attendant or security guard.
The Illinois Administrative Procedure Act shall not apply to the actions of
the Board or of the stewards or judges at a race meeting, and those actions
shall instead be subject to the procedures outlined in subsections (b) through
(e) of this Section.
The Board may refuse to issue or may suspend the occupation license of
any person who fails to file a return, or to pay the tax, penalty or
interest shown in a filed return, or to pay any final assessment of tax,
penalty or interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the requirements of any
such tax Act are satisfied.
(b) In the event the Board, for violation of the provisions of this Act
or the rules and regulations of the Board or other just cause, refuses,
revokes or suspends an occupation license, or a steward or the judges at
any race meeting suspend an occupation license of any horse owner, trainer,
harness driver, jockey, agent, apprentice, groom, stable foreman, exercise
person, veterinarian, valet, blacksmith, concessionaire or other occupation
licensee whose work, in whole or in part is conducted at facilities within the State and owned by a licensee, or
declare a person ineligible for employment, then the occupation license of
the person or his eligibility for employment shall be suspended pending a
hearing of the Board.
(c) The person affected by such action at any race meeting may request a
hearing before the Board within 5 days after receipt of notice of the
suspension from the Board, the steward or the judges at any race meeting.
The hearing shall be held by the Board within 7 days after such request has
been received by the Board. Any action of a steward or the judges with
respect to any occupation license or eligibility for employment may be
heard by the Board on its own motion by giving the aggrieved party at least
3 days' notice in writing of the time and place of the hearing.
(d) All hearings by the Board under this Section shall be
held at such place in the State as the Board may designate and any notice
provided for shall be served by mailing it postage prepaid by certified
mail to the parties affected. Any such notice so mailed is deemed to have
been served on the business day next following the date of such mailing.
(e) The Board in conducting such hearings shall not be bound by technical
rules of evidence, but all evidence offered before the Board shall be
reduced to writing and shall, with petition and exhibits, if any, and the
findings of the Board, be permanently preserved and constitute the record
of the Board in such case. The Board may require that appellants bear
reasonable costs of the production of hearing transcripts. Any of the
parties affected in such hearing may be represented by counsel and
introduce evidence. At the request of the Board, the Attorney General
shall assist and participate in the conduct of such hearing.
(f) Every member of the Board has the power to administer oaths and
affirmations, certify all official acts, issue subpoenas, compel the
attendance and testimony of witnesses and the production of papers, books,
accounts, and documents.
(g) Any person who is served with a subpoena (issued by the Board or any
member thereof) to appear and testify, or to produce books, papers,
accounts or documents in the course of an inquiry or hearing conducted
under this Act, and who refuses or neglects to appear or to testify or to
produce books, papers, accounts and documents relative to the hearings as
commanded in such subpoenas, may be punished by the Circuit Court in the
county where the violation is committed in the same manner as the Circuit
Court may punish such refusal or neglect in a case filed in court.
(h) In case of disobedience to a subpoena, the Board
may petition the Circuit Court in the county where the violation
was committed for an order requiring the attendance and testimony of
witnesses or the production of documentary evidence or both. A copy of
such petition shall be served by personal notice or by registered or
certified mail upon the person who has failed to obey that subpoena, and
such person shall be advised in writing that a hearing upon the petition
will be requested in a court room to be designated in that notice before
the judge occupying the courtroom on a specified date and at a specified time.
(i) The court, upon the filing of such a petition, may order the person
refusing to obey the subpoena to appear before the Board at a designated
time, or to there produce documentary evidence, if so ordered, or to give
evidence relating to the subject matter of the hearing. Any failure to
obey such order of the Circuit Court may be punished
by that court as a civil or criminal contempt upon itself.
(j) The Board, any member thereof or any applicant may, in connection
with any hearing before the Board, cause the deposition of witnesses within
or without the State to be taken on oral or written interrogatories in the
manner prescribed for depositions in the courts of this State.
(k) At the conclusion of such hearing, the Board shall make its findings
which shall be the basis of the refusal, suspension or revocation of the
occupation license or other action taken by the Board. Such findings and
the action of the Board shall be final. However, the action of the Board
and the propriety thereof are subject to review under Section 46.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/17) (from Ch. 8, par. 37-17)
Sec. 17.
No person shall hold or conduct a horse race meeting except at a
State, county, township, agricultural or other fair without a valid and
unrevoked
organization license issued under this Act authorizing the holding of such
meeting.
No licensee shall conduct
wagering at a wagering facility without a valid and unrevoked license issued
under this Act authorizing the conduct of
wagering.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/18) (from Ch. 8, par. 37-18)
Sec. 18.
(a) Together with its application, each applicant for racing dates
shall deliver to the Board a certified check or bank draft payable to the order
of the Board for $1,000. In the event the applicant applies for racing dates
in 2 or 3 successive calendar years as provided in subsection (b) of Section
21, the fee shall be $2,000. Filing fees shall not be refunded in the event
the application is denied. Beginning on the date when any organization licensee begins conducting gaming pursuant to an organization gaming license issued under the Illinois Gambling Act, the application fee for racing dates imposed by this subsection (a) shall be $10,000 and the application fee for racing dates in 2 or 3 successive calendar years as provided in subsection (b) of Section 21 shall be $20,000. All filing fees shall be deposited into the Horse Racing Fund.
(b) In addition to the filing fee imposed by subsection (a) and the fees provided in
subsection (j) of Section 20, each organization licensee shall pay a license
fee of $100 for each racing program on which its daily pari-mutuel handle is
$400,000 or more but less than $700,000, and a license fee of $200 for each
racing program on which its daily pari-mutuel handle is $700,000 or more.
The
additional fees required to be paid under this Section by this amendatory Act
of 1982 shall be remitted by the organization licensee to the Illinois Racing
Board with each day's graduated privilege tax or pari-mutuel tax and
breakage as provided under
Section 27. Beginning on the date when any organization licensee begins conducting gaming pursuant to an organization gaming license issued under the Illinois Gambling Act, the license fee imposed by this subsection (b) shall be $200 for each racing program on which the organization licensee's daily pari-mutuel handle is $100,000 or more, but less than $400,000, and the license fee imposed by this subsection (b) shall be $400 for each racing program on which the organization licensee's daily pari-mutuel handle is $400,000 or more.
(c) Sections 11-42-1, 11-42-5, and 11-54-1 of the Illinois Municipal Code shall not apply to any
license under this Act.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 5/19) (from Ch. 8, par. 37-19)
Sec. 19.
(a) No organization license may be granted to conduct a
horse race meeting:
(b) (Blank).
(c) If any person is ineligible to receive an
organization
license because of any of the matters set forth in subsection (a) (2) or
subsection (a) (3) of this Section, any other or separate person that
either (i) controls, directly or indirectly, such ineligible person
or (ii) is controlled, directly or indirectly, by such ineligible
person or by a person which controls, directly or indirectly, such
ineligible person shall also be ineligible.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 5/19.5)
Sec. 19.5. Standardbred racetrack in Cook County. Notwithstanding anything in this Act to the contrary, in addition to organization licenses issued by the Board on the effective date of this amendatory Act of the 101st General Assembly, the Board shall issue an organization license limited to standardbred racing to a racetrack located in one of the following townships of Cook County: Bloom, Bremen, Calumet, Orland, Rich, Thornton, or Worth. This additional organization license shall not be issued within a 35-mile radius of another organization license issued by the Board on the effective date of this amendatory Act of the 101st General Assembly, unless the person having operating control of such racetrack has given written consent to the organization licensee applicant, which consent must be filed with the Board at or prior to the time application is made. The organization license application shall be submitted to the Board and the Board may grant the organization license at any meeting of the Board. The Board shall examine the application within 21 days after receipt of the application with respect to its conformity with this Act and the rules adopted by the Board. If the application does not comply with this Act or the rules adopted by the Board, the application may be rejected and an organization license refused to the applicant, or the Board may, within 21 days after receipt of the application, advise the applicant of the deficiencies of the application under the Act or the rules of the Board and require the submittal of an amended application within a reasonable time determined by the Board; 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. If the application is found to be in compliance with this Act and the rules of the Board, the Board shall then issue an organization license to the applicant. Once the organization license is granted, the licensee shall have all of the current and future rights of existing Illinois racetracks, including, but not limited to, the ability to obtain an inter-track wagering license, the ability to obtain inter-track wagering location licenses, the ability to obtain an organization gaming license pursuant to the Illinois Gambling Act with 1,200 gaming positions, and the ability to offer Internet wagering on horse racing.
(Source: P.A. 101-31, eff. 6-28-19; 102-689, eff. 12-17-21.)
(230 ILCS 5/20) (from Ch. 8, par. 37-20)
Sec. 20.
(a) Any person desiring to conduct a horse race meeting may
apply to the Board for an organization license. The application shall be
made on a form prescribed and furnished by the Board. The application shall
specify:
(b) A separate application for an organization license shall be filed
for each horse race meeting
which such person proposes to hold. Any such application, if made by an
individual, or by any individual as trustee, shall be
signed and verified under oath by such individual. If the application is
made by individuals, then it shall be signed and verified under oath by at least 2 of the individuals; if the application is made by a partnership, an association, a corporation, a
corporate trustee, a limited liability company, or any other entity, it shall be signed by an authorized officer, a partner, a member, or a manager, as the case may be, of the entity.
(c) The application shall specify:
(d) The applicant shall execute and file with the Board a good faith
affirmative action plan to recruit, train, and upgrade minorities in all
classifications within the association.
(e) With such
application there shall be delivered to the Board a
certified check or bank draft payable to the order of the Board for an
amount equal to $1,000. All applications for
the issuance of an organization license shall be filed with the Board before
August 1 of the year prior to the year for which application is made and shall be acted
upon by the Board at a meeting to be held on such date as shall be fixed
by the Board during the last 15 days of September of such prior year.
At such meeting, the Board shall announce
the award of the racing meets, live racing schedule, and designation of host
track to the applicants and its approval or disapproval of each
application. No announcement shall
be considered binding until a formal order is executed by the Board, which
shall be executed no later than October 15 of that prior year.
Absent the agreement of
the affected organization licensees, the Board shall not grant overlapping
race meetings to 2 or more tracks that are within 100 miles of each
other to conduct the thoroughbred racing.
(e-1) The Board shall award standardbred racing dates to organization licensees with an organization gaming license pursuant to the following schedule:
An organization licensee shall apply for racing dates pursuant to this subsection (e-1). In awarding racing dates under this subsection (e-1), the Board shall have the discretion to allocate those standardbred racing dates among these organization licensees.
(e-2) The Board shall award thoroughbred racing days to Cook County organization licensees pursuant to the following schedule:
A Cook County organization licensee shall apply for racing dates pursuant to this subsection (e-2). In awarding racing dates under this subsection (e-2), the Board shall have the discretion to allocate those thoroughbred racing dates among these Cook County organization licensees.
(e-3) In awarding racing dates for calendar year 2020 and thereafter in connection with a racetrack in Madison County, the Board shall award racing dates and such organization licensee shall run at least 700 thoroughbred races at the racetrack in Madison County each year.
Notwithstanding Section 7.7 of the Illinois Gambling Act or any provision of this Act other than subsection (e-4.5), for each calendar year for which an organization gaming licensee located in Madison County requests racing dates resulting in less than 700 live thoroughbred races at its racetrack facility, the organization gaming licensee may not conduct gaming pursuant to an organization gaming license issued under the Illinois Gambling Act for the calendar year of such requested live races.
(e-4) Notwithstanding the provisions of Section 7.7 of the Illinois Gambling Act or any provision of this Act other than subsections (e-3) and (e-4.5), for each calendar year for which an organization gaming licensee requests thoroughbred racing dates which results in a number of live races under its organization license that is less than the total number of live races which it conducted in 2017 at its racetrack facility, the organization gaming licensee may not conduct gaming pursuant to its organization gaming license for the calendar year of such requested live races.
(e-4.1) Notwithstanding the provisions of Section 7.7 of the Illinois Gambling Act or any provision of this Act other than subsections (e-3) and (e-4.5), for each calendar year for which an organization licensee requests racing dates for standardbred racing which results in a number of live races that is less than the total number of live races required in subsection (e-1), the organization gaming licensee may not conduct gaming pursuant to its organization gaming license for the calendar year of such requested live races.
(e-4.5) The Board shall award the minimum live racing guarantees contained in subsections (e-1), (e-2), and (e-3) to ensure that each organization licensee shall individually run a sufficient number of races per year to qualify for an organization gaming license under this Act. The General Assembly finds that the minimum live racing guarantees contained in subsections (e-1), (e-2), and (e-3) are in the best interest of the sport of horse racing, and that such guarantees may only be reduced in the calendar year in which they will be conducted in the limited circumstances described in this subsection. The Board may decrease the number of racing days without affecting an organization licensee's ability to conduct gaming pursuant to an organization gaming license issued under the Illinois Gambling Act only if the Board determines, after notice and hearing, that:
In decreasing the number of racing dates in accordance with this subsection, the Board shall hold a hearing and shall provide the public and all interested parties notice and an opportunity to be heard. The Board shall accept testimony from all interested parties, including any association representing owners, trainers, jockeys, or drivers who will be affected by the decrease in racing dates. The Board shall provide a written explanation of the reasons for the decrease and the Board's findings. The written explanation shall include a listing and content of all communication between any party and any Illinois Racing Board member or staff that does not take place at a public meeting of the Board.
(e-5) In reviewing an application for the purpose of granting an
organization license consistent with
the best interests of the public and the
sport of horse racing, the Board shall consider:
In granting organization licenses and allocating dates for horse race
meetings, the Board shall have discretion to determine an overall schedule,
including required simulcasts of Illinois races by host tracks that will, in
its judgment, be conducive to the best interests of
the public and the sport of horse racing.
(e-10) The Illinois Administrative Procedure Act shall apply to
administrative procedures of the Board under this Act for the granting of an
organization license, except that (1) notwithstanding the provisions of
subsection (b) of Section 10-40 of the Illinois Administrative Procedure Act
regarding cross-examination, the
Board may prescribe rules limiting the right of an applicant or participant in
any proceeding to award an organization license to conduct cross-examination of
witnesses at that proceeding where that cross-examination would unduly obstruct
the timely award of an organization license under subsection (e) of Section 20
of this Act; (2) the provisions of Section 10-45 of the Illinois Administrative
Procedure Act regarding proposals for decision are excluded under this Act; (3)
notwithstanding the provisions of subsection (a) of Section 10-60 of the
Illinois Administrative Procedure Act regarding ex parte communications, the
Board may p