Proposed Illinois Racing Law: Full Text of Measure Sponsored by the Chicago Washington Park Club----Racing Commission and Pari-Mutuel Wagering Among Provisions----Meetings Limited to 100 Days Annually, Daily Racing Form, 1923-03-30

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PROPOSED ILLINOIS RACING LAW Full Text of Measure Sponsored by the Chicago Washington WashingtonPark Park Club Racing Commission and PariMutuel PariMutuelWagering Wagering Among Provisions Meetings MeetingsLimited Limited to 100 Days Annually After many weeks of careful deliberation and preparation the Illinois racing bill spon ¬ sored by the gentlemen composing the Chicago Washington Park Club of which Arthur Meeker is president and Major Frederick McLaughlin the secretary is ready for introduc ¬ tion before the state legislature at Springfield SpringfieldThis This measure which if enacted into law will permanently restore racing in Illinois provides for a racing commission to regulate the sport partimutuel method of wagering limiting number of racing days to one hundred annually and only one license to race for each 2000000 of population of the state Before a license is granted each racing association desiring to hold races on days assigned them must pay a fee of 5000 for each day of the meeting This only applies to thoroughbred racing as special provisions are made to cover trotting and pacing meetings meetingsProfits Profits of racing associations are limited to 10 per cent of their investment and the take on wacerinc in the mutuets of from 2 to 1 per cent as the racing commission may prescribe Here is the full tetxt of the measure A Dill for an act to provide for horse racing to create a commission to regulate the same to render inapplicable certain acts in conflict therewith and to provide pen ¬ alties for the violation thereof Section 1 Be it enacted by the people of the State of Illinois represented in the Gen ¬ eral Assembly There is hereby created in the department of agriculture an Illinois Racing Commission consisting of three o members to be appointed by the governor not more than two of whom shall be of the same political party This act shall be ad ¬ ministered by said Illinois Racing Commis ¬ sion and in its name without direction su ¬ pervision or control by the director of agri ¬ culture The jurisdiction supervision pow ¬ ers and duties of the commission shall extend under this act to any and all persons asso ¬ ciations corporations or trusts which shall hereafter hold or conduct any meeting within the State of Illinois whereat horse racing shall be permitted for any stake purse or reward One of the commissioners shall be a breeder and raiser of thoroughbred horses one shall be a breeder and raiser of standard bred horses and the third shall be thoroughly conversant with the breeding and raising of horses Not more than one of the three shall be a resident of Chicago One of the three commissioners shall be designated by the gov ¬ ernor to be chairman of the commission Each commissioner shall at the time of his ap ¬ pointment and qualification be a resident oC the State of Illinois and shall have resided in the state for a period of at least five u years next preceding his appointment and qualification and he shall also be a qualified voter therein and not less than twentyfiva 25 years of age One of the commissioners shall hold office for two years from the be ¬ ginning of his term of office and until hin successor shall qualify one shall hold office for four years from the beginning of his term of ofiice and until his successor shall qualify and one shall hold office for sic years from the beginning of his term of of ¬ fice and until his successor shall qualify Tho term of office of each commissioner shall begin within thirty days from the time this act takes effect The governor at the time of making the appointment of the commis ¬ sioners as well as in the commission issued by him to each of them shall designate which of the commissioners shall serve for the term of two years which shall serve for the term of four years which shall serve for the term of six years and which shall be chairman chairmanUpon Upon expiration of each of said terms tlia term of office of each commissioner there ¬ after appointed shall be six years from tha time of his appointment and qualification and until his successor shall qualify In caso any commissioner shall be allowed to hold over after the expiration of his term his suc ¬ cessor shall be appointed for the balance of the unexpired term Vacancies in the com ¬ mission shall be filled by the governor for the unexpired term termBefore Before entering upon the discharge of the duties of his office each member of the com ¬ mission shall take cath that he will well and faithfully execute the duties of his office ac ¬ cording to the laws of the state and shall give bond to the State of Illinois approved by the governor in the sum of one hundred thousand dollars 100000 conditioned that he will well and faithfully execute and per ¬ form the duties of his office according to the laws of the state Every such bond when duly executed and approved shall be recorded in the office of the secretary of state It shall be the duty of the governor at all times when in his opinion the bond of any mem ¬ ber of the commission has become or is likely to become invalid or insufficient to re ¬ quire such member of the commission forth ¬ with to renew his said bond to be approved by tl 3 governor in the penalty prescribed in this section Any member of the com ¬ mission who shall fail to take oath and give bond within thirty 30 days from the Continued on elglitli I agc PROPOSED ILLINOIS RACING LAW Continued froiu first page date of his appointment who who shall fail to renew his bond within thirty 30 days after the same shall have been demanded by the governor shall be deemed guilty of neglect of duty and shall be removable by the governor who shall appoint his sue cessor as heretofore provided The cost cf any bond given by any member of the com ¬ mission under this section shall be taken to be a part of the necessary expenses of the commission Section 2 The commission shall meet at such times and places within the State of linois as the commission jShall determine The members thereof shall be allowed their reasonable expenses for each meeting so at ended and a per diem allowance of ten dol lars 110 a day for time spent in traveling and attending meeting of the commission but the commissioners shall receive no other compensation under this act as it is the nlent and purpose of this act that there0 be appointed as commissioners men of high standing and recognized ability who shall serve on the commission primarily because of their interest in clean sport A majority of the commissioners shall constitute a quorum for the transactron of any business for the performance of any duty or for the exercise of any power of the commission The commission may appoint a secretary and such employes as may be necessary all of vhon shall serve during the pleasure of I he commission and shall receive such com pensation as the commission may determine determineThe The secretary shall keep a record of all proceedings of the commission and shall re erve all maps books documents and apers belonging to the commission r in trusted to its care and perform such other duties as the commission may prescribe The commission shall make an annual report in writing to the governor on or before the lirst day of January of each year which report shall include a statement of the receipts and disbursements by the commission and any idditional information and recommendations which the commission may deem valuable Section 3 No person association corpora ion or trust shall hold or conduct any meet ing within the State of Illinois whereat horse racing shall be permitted for any stake pur o or reward except such person associa ion corporation or trust shall be licensed y the commission as hereinafter provided rovided however that not more than onej 1 1 such license shall be issued for each two million 2000000 of population of the stat Any person association corporation or J rust desiring to conduct racing within the State of Illinois during the calendar year shall apply to the commission for a license so to do Such application shall be filed with the secretary of the commission on or D = ion a day to be fixed by the commission Such application shall specify the days on which such racing is desired to be conducted or icld and such application shall be in such 1 form and supply such data and information I as the commission shall prescribe The ciin mission shall as soon as practicable during nineteen hundred and twentythree 1925 and on or before the fifteenth day of Jam ary of each year thereafter award all dale for racing in the State of Illinois within the current year but said dates so awarIoil j I shall not exceed one hundred 100 days in 1 the aggregate and the decision of the com mission on the award of all such dates shall J 1 be final The commission shall have the 1 power to reject any application for license where in its opinion the best interests of horse racing may require it and the action 1 of the commission in this respect shall be Inal No person association corporation ov trust shall be licensed to hold more than two 1 meetings in any one year Section 1 The commission may in its 3 discretion meet subsequent to the first day r of March and approve all racing officials and 1 award dates for racing within the limits 5 hereinbefore provided on application sub mitted to it provided that the days sol awarded in no way conflict with other pro visions of this act and provided further that no license for a race meeting shall be 2 issued prior to the payment of fees there ¬ for at the rate provided in this act Section actSection 5 Upon the award of days to any y applicant and upon payment of the license e fees as hereinbefore prescribed the commis ¬ sion shall issue a license for the holding of f the meeting or meetings during the days s awarded to such applicant applicantSection Section C The commission shall have full II power to prescribe reasonable rules regula ¬ tions and conditions under which all horse e races shall be conducted within thi State e of Illinois After notice to and hearing of f j j the parties interested therein it may make rc3sonible rules governing restricting orj regulating the rate of charge by the licensee Oj for admission or for the performance of any I service or for the sale of any article on tie e premises of such licensee and may likeviscj c j regulate the size of the purse stake or iv ward to be offered for the conduct of such i races All contracts atid agreements for the e payment of money inoliding rentals and cost t of land facilities and equipment aid all II salaries fees and compensation p j by jmy y licensee as hereinbefore provided and all II proposed extensions additions and improve ¬ ments to buildings stable improvements s or tracks upon property owne 1 or leased by y any licensee shall be reasonable and subject t to the approval of the commission The com ¬ mission shall have the power to compel the e production of any and nil books memoranda a or documents showing the receipts and dis ¬ bursements of any licensee The commission n may at any time require the removal of any y employee or official employed by any license c horeunder The commission shall also have e the powor to require that the books and d financial or other statements of any licensee undtr this act shall be kept in a manner r which to the commission may seem best and d shall have power to visit investigate and to o place expert accountants and such ether r persons as it may deem necessary in the e offices tracks or places of business of nnv v licensee for the purpose of satisfying itself If that the commissions rules and regulations is are strictly complied with and the salaries s and expenses of such expert accountants or r other persons shall be paid by the licensee to o whom they are assigned The commission n shall have poxver to summon witnesses before e it and to administer oaths or affirmations to o such witnesses whenever in the judgment cf f said commission it may to necessary for r the effectual discharge of its duties and any y person failing to appear before said commis ¬ sion at the place and time specified in answer r to said summons or rtusintj to testify shall 11 be deemed guilty of a misdemeanor and U upon indictment and conviction in a court of competent jurisdiction shall be punished by a fine of not more than five thousand di dollars 5000 or by imprisonment in the ci county jail for not more than six G months o or by both fine and imprisonment False swearing on the part of any witness shall j3 be deemed perjury and shall be punishable a as such suchSection Section 7 Every person association cor ¬ p poration or trust licensed to hold racing meets within the State of Illinois as herein ¬ before provided shall on or before the lirst day of December of each year return to the c commission a full financial report under c cath of its receipts from all sources what ¬ r soever during the preceding twelve 12 n months ending October 31 in each year and ° of all expenses and disbursements all item ¬ ised in manner and form as shall be directed by the commission showing the net revenue from all sources derived by such licensee 1 The cost of any alterations additions changes I or improvements made or proposed to be i II made upon the property owned or leased by a any licensee and used by such licensee for l the convenience and comfort of the public a and of the horse owners shall with the ap ¬ P proval of the commission be deducted as ° operating expenses in such report reportSection Section S Each applicant desiring to hold r races on the day or days awarded by the c commission shall before the issuance of any license therefor pay the commission a license f fee of five thousand dollars 5000 for each day of any meeting meetingAt At the time of filing its full financial report v with the commission as required by the pre ¬ c ceding section each licensee shall first do d duct from the receipts of said licensee from a all sources during the twelve 12 months c covered by said report all expenses of the licensee incurred during said twelve 12 r months including cost of such alterations n additions changes or improvements as shall have been allowed by the commission as 5 part of operating expenses and an amount equal to ten 10 per centum of the capital invested by such licensee in racing plant and c equipment not including capital invested in such alterations additions changes or im ¬ provements as may be allowed by the com ¬ mission as a part of the operating expenses of such licensee and such licensee shall j j thereupon pay the remainder of such receipts to the commission Any licensee Tailing or i refusing to pay the amount found to be due j by the commission shall be found guilty of j a misdemeanor and upon conviction shall j 1 be 1 punished by a fine of not more than twentyfive thousand dollars 23090 in ad I dition to the amount due the commission or j j by imprisonment in the county jail for not j more than six G months or by both such i fine and imprisonment All fines paid into court by a licensee found guilty of violating this section shall be transmitted and paid over by the clerk of the court to the com mission missionSection Section 9 In addition to licensing racing asI for not exceeding one hundred 100 days as j hereinbefore provided persons association corporations or trusts holding or conducting meetings exclusively for trotting and pacing races may be licensed by the commission J to conduct racing during not more than twelve 12 days each in any one year upon ofI i j payment by the applicant of a license fee of 1 fifty dollars 30 for each day of racing All license fees received under the provisions of this section shall be paid to the treasurer of the county in which such races are held Section 10 Except as otherwise providet j in Section 9 all license fees and all moneys payable to the commission under this act over and above the actual expenses of the commission shall be paid to the treasurer of the state on the first days of January and July of each year following receipt by the thecommissicn commissicn to be paid to the department of I agriculture for distribution as prize money or premiums at county fairs Section 11 Any person aiding or abetting in the conduct of any meeting within the State Illinois at which racing of horses shal be permitted for any stake purse or reward except in accordance with a license duly is sued by the commission shall 1e guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than live thou ¬ teny sand dollars 5000 and not more than ten thousand dollars 10000 for each day of such unauthorized meeting or by imprison ment in the county jail for not more than two 2 years or by both such fine and im prisonment prisonmentSection Section 12 It shall be the duty of all of cers of the lav to cooperate with the com mission for the proper enforcement of this act and upon the request cf the commission the sheriff cf any county in which horse rac ing is being conducted shall furnish a suf eficient number of deputy sheriffs to enforce rjthe provisions of the act Section 13 If by any reason or any cause beyond control and through no fault or neglect of any licensee and while such licen see is not in default it should become impos siblc to conduct racing upon any date or dates licensed by the commission the com mission in its discretion and at the request of such licensee shall have power to return the fees paid by such licensee for racing upon the days on which it is impossible for such licensee racingSection to conduct racing Section 11 Any licensee conducting a race meeting may provide space in the race meet ing grounds in which wagering may be done on a parimutuel system on the races con ducted by such licensee No other place or method of betting poolmaking or gambling shall be used cr permitted Each licensee may retain from two 2 per centum to four I per centum as the commission may from time to time prescribe of the total of a moneys thus wagered Section 15 The invalidity of any section or sections or parts of any section or sec of the remainder of this act Section Hi Sections 59 125 131 132 133 135 13G and 137 of an act entitled An Act to revise the law in relation to criminal juris prudence approved March 27 1S7I in force July 1 1371 and the provisions of an net entitled An a it to prohibit bookmaking and pool selling approved May 31 1S87 in force July 1 1SS7 and all other acts or parts of acts inconsisteit with the provisions of this act shall not apply to parimutuel wagering at any race meeting held or cenducted by any person association corporation or trust duly licensed in accordance with the provisions of this act Section 17 Except as to the distribution by the department of agriculture as provided for in section 10 of this act nothing in this act shall be taken to apply to county faira the state fair or agricultural exhibitions


Persistent Link: https://drf.uky.edu/catalog/1920s/drf1923033001/drf1923033001_1_5
Local Identifier: drf1923033001_1_5
Library of Congress Record: https://lccn.loc.gov/unk82075800