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91_SB1561
LRB9112997LDpr
1 AN ACT to amend the Illinois Horse Racing Act of 1975 by
2 changing Section 20.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Horse Racing Act of 1975 is
6 amended by changing Section 20 as follows:
7 (230 ILCS 5/20) (from Ch. 8, par. 37-20)
8 Sec. 20. (a) Any person desiring to conduct a horse race
9 meeting may apply to the Board for an organization license.
10 The application shall be made on a form prescribed and
11 furnished by the Board. The application shall specify:
12 (1) the dates on which it intends to conduct the
13 horse race meeting, which dates shall be provided under
14 Section 21;
15 (2) the hours of each racing day between which it
16 intends to hold or conduct horse racing at such meeting;
17 (3) the location where it proposes to conduct the
18 meeting; and
19 (4) any other information the Board may reasonably
20 require.
21 (b) A separate application for an organization license
22 shall be filed for each horse race meeting which such person
23 proposes to hold. Any such application, if made by an
24 individual, or by any individual as trustee, shall be signed
25 and verified under oath by such individual. If made by
26 individuals or a partnership, it shall be signed and verified
27 under oath by at least 2 of such individuals or members of
28 such partnership as the case may be. If made by an
29 association, corporation, corporate trustee or any other
30 entity, it shall be signed by the president and attested by
31 the secretary or assistant secretary under the seal of such
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1 association, trust or corporation if it has a seal, and shall
2 also be verified under oath by one of the signing officers.
3 (c) The application shall specify the name of the
4 persons, association, trust, or corporation making such
5 application and the post office address of the applicant; if
6 the applicant is a trustee, the names and addresses of the
7 beneficiaries; if a corporation, the names and post office
8 addresses of all officers, stockholders and directors; or if
9 such stockholders hold stock as a nominee or fiduciary, the
10 names and post office addresses of these persons,
11 partnerships, corporations, or trusts who are the beneficial
12 owners thereof or who are beneficially interested therein;
13 and if a partnership, the names and post office addresses of
14 all partners, general or limited; if the applicant is a
15 corporation, the name of the state of its incorporation shall
16 be specified.
17 (d) The applicant shall execute and file with the Board
18 a good faith affirmative action plan to recruit, train, and
19 upgrade minorities in all classifications within the
20 association.
21 (e) With such application there shall be delivered to
22 the Board a certified check or bank draft payable to the
23 order of the Board for an amount equal to $1,000. All
24 applications for the issuance of an organization license
25 shall be filed with the Board before August 1 of the year
26 prior to the year for which application is made and shall be
27 acted upon by the Board at a meeting to be held on such date
28 as shall be fixed by the Board during the last 15 days of
29 September of such prior year. At such meeting, the Board
30 shall announce the award of the racing meets, live racing
31 schedule, and designation of host track to the applicants and
32 its approval or disapproval of each application. No
33 announcement shall be considered binding until a formal order
34 is executed by the Board, which shall be executed no later
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1 than October 15 of that prior year. Absent the agreement of
2 the affected organization licensees, the Board shall not
3 grant overlapping race meetings to 2 or more tracks that are
4 within 100 miles of each other to conduct the thoroughbred
5 racing.
6 (e-5) In reviewing an application for the purpose of
7 granting an organization license consistent with the best
8 interests of the public and the sport of horse racing, the
9 Board shall consider:
10 (1) the character, reputation, experience, and
11 financial integrity of the applicant and of any other
12 separate person that either:
13 (i) controls the applicant, directly or
14 indirectly, or
15 (ii) is controlled, directly or indirectly, by
16 that applicant or by a person who controls, directly
17 or indirectly, that applicant;
18 (2) the applicant's facilities or proposed
19 facilities for conducting horse racing;
20 (3) the total revenue without regard to Section
21 32.1 to be derived by the State and horsemen from the
22 applicant's conducting a race meeting;
23 (4) the applicant's good faith affirmative action
24 plan to recruit, train, and upgrade minorities in all
25 employment classifications;
26 (5) the applicant's financial ability to purchase
27 and maintain adequate liability and casualty insurance;
28 (6) the applicant's proposed and prior year's
29 promotional and marketing activities and expenditures of
30 the applicant associated with those activities;
31 (7) an agreement, if any, among organization
32 licensees as provided in subsection (b) of Section 21 of
33 this Act; and
34 (8) the extent to which the applicant exceeds or
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1 meets other standards for the issuance of an organization
2 license that the Board shall adopt by rule.
3 In granting organization licenses and allocating dates
4 for horse race meetings, the Board shall have discretion to
5 determine an overall schedule, including required simulcasts
6 of Illinois races by host tracks that will, in its judgment,
7 be conducive to the best interests of the public and the
8 sport of horse racing.
9 (e-10) The Illinois Administrative Procedure Act shall
10 apply to administrative procedures of the Board under this
11 Act for the granting of an organization license, except that
12 (1) notwithstanding the provisions of subsection (b) of
13 Section 10-40 of the Illinois Administrative Procedure Act
14 regarding cross-examination, the Board may prescribe rules
15 limiting the right of an applicant or participant in any
16 proceeding to award an organization license to conduct
17 cross-examination of witnesses at that proceeding where that
18 cross-examination would unduly obstruct the timely award of
19 an organization license under subsection (e) of Section 20 of
20 this Act; (2) the provisions of Section 10-45 of the Illinois
21 Administrative Procedure Act regarding proposals for decision
22 are excluded under this Act; (3) notwithstanding the
23 provisions of subsection (a) of Section 10-60 of the Illinois
24 Administrative Procedure Act regarding ex parte
25 communications, the Board may prescribe rules allowing ex
26 parte communications with applicants or participants in a
27 proceeding to award an organization license where conducting
28 those communications would be in the best interest of racing,
29 provided all those communications are made part of the record
30 of that proceeding pursuant to subsection (c) of Section
31 10-60 of the Illinois Administrative Procedure Act; (4) the
32 provisions of Section 14a of this Act and the rules of the
33 Board promulgated under that Section shall apply instead of
34 the provisions of Article 10 of the Illinois Administrative
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1 Procedure Act regarding administrative law judges; and (5)
2 the provisions of subsection (d) of Section 10-65 of the
3 Illinois Administrative Procedure Act that prevent summary
4 suspension of a license pending revocation or other action
5 shall not apply.
6 (f) The Board may allot racing dates to an organization
7 licensee for more than one calendar year but for no more than
8 3 successive calendar years in advance, provided that the
9 Board shall review such allotment for more than one calendar
10 year prior to each year for which such allotment has been
11 made. The granting of an organization license to a person
12 constitutes a privilege to conduct a horse race meeting under
13 the provisions of this Act, and no person granted an
14 organization license shall be deemed to have a vested
15 interest, property right, or future expectation to receive an
16 organization license in any subsequent year as a result of
17 the granting of an organization license. Organization
18 licenses shall be subject to revocation if the organization
19 licensee has violated any provision of this Act or the rules
20 and regulations promulgated under this Act or has been
21 convicted of a crime or has failed to disclose or has stated
22 falsely any information called for in the application for an
23 organization license. Any organization license revocation
24 proceeding shall be in accordance with Section 16 regarding
25 suspension and revocation of occupation licenses.
26 (f-5) If, (i) an applicant does not file an acceptance
27 of the racing dates awarded by the Board as required under
28 part (1) of subsection (h) of this Section 20, or (ii) an
29 organization licensee has its license suspended or revoked
30 under this Act, the Board, upon conducting an emergency
31 hearing as provided for in this Act, may reaward on an
32 emergency basis pursuant to rules established by the Board,
33 racing dates not accepted or the racing dates associated with
34 any suspension or revocation period to one or more
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1 organization licensees, new applicants, or any combination
2 thereof, upon terms and conditions that the Board determines
3 are in the best interest of racing, provided, the
4 organization licensees or new applicants receiving the
5 awarded racing dates file an acceptance of those reawarded
6 racing dates as required under paragraph (1) of subsection
7 (h) of this Section 20 and comply with the other provisions
8 of this Act. The Illinois Administrative Procedures Act
9 shall not apply to the administrative procedures of the Board
10 in conducting the emergency hearing and the reallocation of
11 racing dates on an emergency basis.
12 (g) (Blank).
13 (h) The Board shall send the applicant a copy of its
14 formally executed order by certified mail addressed to the
15 applicant at the address stated in his application, which
16 notice shall be mailed within 5 days of the date the formal
17 order is executed.
18 Each applicant notified shall, within 10 days after
19 receipt of the final executed order of the Board awarding
20 racing dates:
21 (1) file with the Board an acceptance of such award
22 in the form prescribed by the Board;
23 (2) pay to the Board an additional amount equal to
24 $110 for each racing date awarded; and
25 (3) file with the Board the bonds required in
26 Sections 21 and 25 at least 20 days prior to the first
27 day of each race meeting.
28 Upon compliance with the provisions of paragraphs (1), (2),
29 and (3) of this subsection (h), the applicant shall be issued
30 an organization license.
31 If any applicant fails to comply with this Section or
32 fails to pay the organization license fees herein provided,
33 no organization license shall be issued to such applicant.
34 (i) At any time after the Board awards racing dates
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1 pursuant to subsection (e) and before the Board's next
2 regular meeting to award racing dates, the Board may make
3 changes in the original allotment of racing dates. Before
4 the Board may make such changes in the original allotment of
5 racing dates pursuant to this subsection (i), it must provide
6 at least 15 days notice to all affected parties and provide
7 an opportunity for those parties to be heard at a public
8 meeting.
9 (Source: P.A. 91-40, eff. 6-25-99.)
10 Section 99. Effective date. This Act takes effect upon
11 becoming law.