Section 508.10  Purpose

a)         Horse racing is a publicly sponsored sport featuring legalized gambling by members of the general public, which, in turn, generates revenue for the state treasury.  The business of horse racing and its participants are pervasively regulated, like liquor and firearms, because of the public interest in close regulatory supervision.

b)         This Part is designed to prevent practices in horse racing that are detrimental to the public interest, to promote the best interests of horse racing, and to cooperate in the establishment of a national substance abuse rule for racing as proposed by the National Association of State Racing Commissioners.

c)         The abuse of chemical substance has become an increasing problem in modern society and could involve upwards of 10% of the total population. In racing, as with other sports, the problem of drugs is two-fold:  

1)         the impact on an individuals ability to perform his duties; and

2)         the addiction which may make the individual peculiarly susceptible to bribes or other improper influences.

d)         Horse races are won and lost in fractions of a second.  The dulling or alteration of the senses of one driver or jockey in a race endangers the safety, if not the life, of the human and equine participants in the race.

e)         The abuse of chemical substances by participants in racing may have a negative impact on the fairness of the competition, the public's perception of the integrity of the sport, and the outcome of a race.

f)         Part 508 rules provide a systematic administrative framework for the prevention of alcohol and drug abuse by participants in racing.  This part provides for the collection of body fluids and their testing for the presence of controlled substances.  Additionally, this part will provide a framework for the testing of drivers/jockeys for the presence of alcohol.

            Part 508 also provides a framework to insure that individuals who are found to abuse alcohol or drugs will seek rehabilitation.

g)         Part 508 is administratively motivated rather than an attempt by the Illinois Racing Board (Board) to enforce the criminal laws.  Privacy rights of the participants in racing are balanced against the broad public interest in maintaining the honesty and integrity of the racing industry.

h)         The General Assembly of Illinois has made a specific appropriation for the funding of the Human Substance Abuse Program.  Furthermore, this program is not intended to preclude the collection of bodily fluid specimens during a pre-race meeting physical.