SB2159 EngrossedLRB103 30575 AMQ 57011 b SB2159 Engrossed LRB103 30575 AMQ 57011 b
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1 AN ACT concerning gaming.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Horse Racing Act of 1975 is
5 amended by changing Section 33.1 as follows:
6 (230 ILCS 5/33.1) (from Ch. 8, par. 37-33.1)
7 Sec. 33.1. (a) The Department of Agriculture shall be
8 responsible for investigating and determining the eligibility
9 of mares and Illinois conceived and foaled horses and Illinois
10 foaled horses to participate in Illinois conceived and foaled
11 and Illinois foaled races. The Department of Agriculture shall
12 also qualify stallions to participate in the Illinois
13 Standardbred and Thoroughbred programs.
14 (b) The Director of the Department of Agriculture or his
15 authorized agent is authorized to conduct hearings, administer
16 oaths, and issue subpoenas to carry out his responsibilities
17 concerning the Illinois Standardbred and Thoroughbred programs
18 as set forth in Sections 30 and 31.
19 (c) The Director of the Department of Agriculture or his
20 authorized agent shall, after a hearing, affirm or deny the
21 qualification of a stallion for the Illinois Standardbred or
22 Thoroughbred program. The decision of the Director of the
23 Department of Agriculture or his authorized agent shall be
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1 subject to judicial review under the Administrative Review
2 Law. The term "administrative decision" shall have the meaning
3 ascribed to it in Section 3-101 of the Administrative Review
4 Law.
5 (d) If the determination is made that a standardbred
6 stallion is not owned by a resident of the State of Illinois or
7 that a transfer of ownership is a subterfuge to qualify a
8 standardbred stallion under the Act, or that a standardbred
9 stallion owner, manager, or person associated with him or her
10 has knowingly participated in the arrangements for
11 transporting semen from a standardbred stallion registered
12 under this Act out-of-state, the Director of the Department of
13 Agriculture or his authorized agent shall immediately publish
14 notice of such fact in publications devoted to news concerning
15 standardbred horses, announcing the disqualification of such
16 stallion or his foals. From January 1, 2018 until January 1,
17 2022, the Director of Agriculture or his or her authorized
18 agent shall not publish notice announcing the disqualification
19 of such stallion or his foals on the basis that a stallion
20 owner, manager, or person associated with him or her has
21 knowingly participated in the arrangements for transporting
22 semen from a standardbred stallion registered under this Act
23 out of State. If any person owning any stallion, mare, or foal
24 is found by the Director of the Department of Agriculture or
25 his authorized agent to have willfully violated any provision
26 of this Act or to have made any false statements concerning
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1 such person's stallion, mare, or foal, then no animal owned by
2 such person is eligible to participate in any events conducted
3 pursuant to Sections 30 and 31.
4 (e) Any person who is served with a subpoena, issued by the
5 Director of the Department of Agriculture or his authorized
6 agent, to appear and testify or to produce documents and who
7 refuses or neglects to testify or produce documents relevant
8 to the investigation, as directed in the subpoenas, may be
9 punished as provided in this Section.
10 (f) Any circuit court of this State, upon petition by the
11 Director of the Department of Agriculture or his authorized
12 agent, may compel the attendance of witnesses, the production
13 of documents and giving the testimony required by this Section
14 in the same manner as the production of evidence may be
15 compelled in any other judicial proceeding before such court.
16 Any person who willfully swears or affirms falsely in any
17 proceeding conducted pursuant to this Section is guilty of
18 perjury.
19 (g) The fees of witnesses for attendance and travel in the
20 course of any investigation shall be the same as the fees of
21 witnesses before the circuit courts of this State.
22 (h) The Department shall have authority to promulgate
23 rules and regulations for the enforcement of Sections 30, 31
24 and 33.1 of this Act. Conditions and purses shall not be
25 subject to Section 5-40 of the Illinois Administrative
26 Procedure Act but shall be set and published from time to time.
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1 (Source: P.A. 100-777, eff. 8-10-18.)
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