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LAGER RACING BUI FOR ILLINOIS Provisions of Measure Which Passed the Lower House of the Illinois State Legislature I. J ! The following is a copy of the Lager racing measure, which on Tuesday, May 3. passed the lower house of the Illinois State Legislature and now goes to the Senate for consideration : A BOX For an act to provide for. regulate and license horse racing in the State of Illinois; to legalize and permit the pari-mutuel or certificate method of wagering on the result of horse races at licensed racing meetings in said State: to render inapplicable certain Acts in conflict therewith, and to provide penalties for the violation thereof. Be it enacted hy the People of the State of Illinois, represented in the General Assembly: Section 1. No person, association, corporation or trust shall hold or conduct, or . assist, aid or abet in holding or conducting any meeting within the State of Illinois whereat horse racing shall be premitted for any stake, purse or reward except and unless such person, association, corporation or trust shall comply with the provisions of this Act and be licensed to conduct a horse racing meeting as provided by this Act. Sec. 2. Any person, association, corporation or trust desiring to hold or conduct a horse racing meeting within the State of Illinois shall apply to the Director of Agriculture of this State for a license so to do. Such application shall be filed with the Director of Agriculture at least ten 10 days prior to the first day of each horse racing meeting which such person, association, corporadon or trust proposes to hold or conduct. Such application, if made by an individual, shall be signed and verified under oath by such individual, and if made by individuals or a partnership shall be signed and verified by one of such individuals or a member of such partnership, as the case may be. If made by an association, trust or corporation, it shall be signed by the president or vice-president thereof and attested by the secretary or assistant secretary thereof under the seal of such association, trust or corporation, if it have a seal, and shall also be verified under oath by one of such officers signing the same. The Director of Agriculture may prescribe blanks to be used in making such application. If the Director of Agriculture does prescribe such blanks, the same shall be used in making such application. Such application shall specify the days on which such horse racing meeting is to be held or conducted, shall state the name of the person or persons, association, trust or corporation making such application, the post office address of the applicant, and if a corporation, the name of the State of its incorporation, the days and the number of days it is intended to conduct or hold such horse racing meeting which days shall be successive week days, excluding Sundays, the hours of each racing day between which it is intended to hold or conduct horse racing at such meeting, and the location of the place, track or enclosure where it is proposed to hold or conduct such horse racing meeting. With such application there shall be delivered to the Director of Agriculture a certified check or bank draft, payable to the order of the Director of Agriculture-, for the full amount of the license fee exr-luding the amount to be paid on paid admission tickets sold, for such racing meeting as herein provided. Sec. 3. Upon the filing of such application for a license, as provided by Section 2 of this Act, if the same shall be in accordance and in compliance with this Act, and upon the payment of the license fee as herein provided I | for. it shall be the duty of the Director of Agriculture to issue a license to such person, association, trust or corporation to conduct a horse racing meeting, in accordance with the provisions of this Act, at the place, enclosure or track specified in said application. Such license shall specify the person, association, trust or corporation to whom the same is issued, the place, enclosure or track | where such horse racing meeting is to be held | or conducted, the days upon which such horse racing meeting is to be held or conducted, I and the hours of such days between ! which horse racing will be permitted, and shall recite- th payment to and the receipt by I the Director of Agriculture of the license fee | j herein provided. No such license shall b; transferable-, nor shall it apply to any place, track or enclosure other than the one specified [ in the license. No license shall be issued j j so as tei permit horse racing at any place, track or enclosure e xcept n we-ek days and : then as to any one meeting except on sue- I ; cessive week days ; nor so as to permit horse racing upon such week days except between I j the hours of twelve eiVle-ck MM and seven | j oYlock in the afte-rnoon. No license shall be granted under this Act to any person, association, trust or eor| oration so as to permit upon any race track, place or enclosure more- than fifty 19 racing days in the aggregate in any one calendar year ; nor shall any license be granted to the same person, association, trust or corporation for the holding or conducting e f a horse racing meeting necpt at one race track, place or ene-losure in this State, nor shall any license be granted j for the holding or conducting of a horse- racing meeting at any place in this State prior , to the first day of May in each calendar year j or after the- last day of e-tober in sue-h calendar year. No such license shall be issued to i any person, association, trust or corporation that is in any way in default in the payment I of any obligation or debt due to the State of Illinois unde-r the provisions of this Act. nor shall any license l»e issue-d to any corporation, association e r trust under the provisions of this Act unless said corporation, asso-! ciation or trust be organized unde-r and by virtue- of the laws of the State- of Illinois. I Sue-h lie-t use shall be recorde-d in the- office of the- recorder of deeds of the county in which such horse racing meeting is held W j conducted within five 5 days after its re-; ee-ipt by the- licensee from the- Director of! Agriculture. After sueh license is returned by the- re-c-order of deeds, it, e»r a duly or- ! tified MM thereof, shall at all times be Mat- i spie-uously displayed during said horse racing meeting in the principal business office at i such race tra k, and at all reasonable times . I | | | I ! I | j [ j j : I ; I j | j , shall be exhibited to any person requesting to see the same. Sec. 4. The license fee to be paid as provided in this Act shall be Two Thousand Five Hundred Dollars ,500.00 for each and every racing day of each horse racing meet for which a lic-e-nse shall be granted under the provisions f this Act; provided that if the race track or enclosure of any license shall be more than twenty-five miles from the corporate limits of any city in the Inited States having a population of more than 500,000. then the license fee herein provided for shall be Fifteen Hundred Dollars ,500.00 for eae-h racing day. Nei other license or excise tax or fee except as provided in this Act shall be assessed or collected from sue-h licensee by the State or by any county, township, district, city, town, village or any other body having power to assess or collect a tax or fee ; nor shall the provisions of the 41st paragraph of Section One of Article V of "An Act to provide for the incorporation of Cities and Villages", approved April 10. 1872, and all acts amendatory thereto, apply to any licensee under this Act. Sec. 5. In addition to the license fee herein provided for, there shall M paid to the Director of Agriculture at such time or times as he shall prescribe the sum of twenty cents 20e- for each person entering the grounds or ene-losure of the licensee upon a paid ticket of admission. If tickets are issued and paid for for more than one day then the said sum of twenty cents 20c shall be paid for each person using sue-h ticket on each day that the same shall be used. The licensee may, if it desires, collect such amount from each ticket holder in addition to the amount or amounts charged for such ticket of admission. Accurate records and books shall at all times be kept and maintained by the licensee, showing the paid admission tickets sold and used on each racing day of each horse racing meeting. The Director of Agriculture, or his duly authorized representative or representatives, shall at all reasonable times have access to the admission records of any licensee for the purpose of examining and checking the same, and ascertaining whether or not the proper amount has been or is being naid the State of Illinois as herein provided. The Director of Agriculture may also require, before issuing any license, that the licensee shall execute and deliver to him a bond, payable to the State of Illinois, in such sum as he shall determine, not, however, in excess of Fifty Thousand Dollars 0,000.00, with a surety or sureties to be approved by him. conditioned for the payment of all sums due and payable or collected by it under this section upon admission fees received for any particular racing meeting. The Director of Agriculture may also from time to time require sworn statements of the number or numbers of such paid admissions, and may prescribe blanks upon which such reports shall be made. Any licensee failing or refusing to make such report as herein provided, or failing or refusing to pay the amount found to be due as herein provided, shall be deemed guilty of a misdeameanor and upon conviction shall be punished by a fine of not more than One Thousand Dollars ,000.00, in addition to the amount due from such licensee as herein provided. 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 Director of Agriculture. Sec. 6. All license fees and all moneys received by the Director of Agriculture under the provisions of this Act during any calendar month shall be by him paid to the Treasurer of the State on or before the tenth day of the succeeding calendar month. All of the license fees and moneys so paid to the Treasurer of this State shall Is? held by him subject to warrants to be drawn by the Director of Agriculture for distribution as prize money or premiums at county fairs, the State Fair and agricultural and live stock exhibitions, as the Director of Agriculture. with the consent and approval of a ma-! jority of the Board of Agricultural Advisers, shall from time to time determine. Sec. 7.- Any person, association, trust or association holding or conducting of any per-I son or persons aiding or abetting in the holding or conducting of any meeting within the State of Illinois at which racing of horses shall be permitted for any stake, purse or re ward, except in accordance with a license duly issued as herein provided, shall be guilty of a misdemeanor and upon conviction shall be punished for each such offense by a fine of not less than Five Thousand Dollars ,000.00 and not more than Ten Thousand Dollars 0,000.00, or be imprisoned in the county jail for not more than one il year, or both by such fine- and imprisonment. For the purpose of this Section of this Act. e:a h day of racing shall be considered a separate and distinct offense. Sea 8. Any person, association, trust or corporation holding or conducting any meeting within the State of Illinois at which racing of horses shall be permitted for any stake, purse •*• reward, or any person or perse ns aiding, assisting or abetting in the holding or conducting of such meeting, where racing is held or conducted contrary to or in violation of any of the provisions and quirements of this Act shall l e guilty of a misdeme-anor, and upon conviction thereof shall be punished for each such offense by a fine of not less than Five Thousand Dollars ,000.00 and not more than Ten Thousand Dollars $]o.ooo.oo. or by imprisonment in the county jail for ne t more than one 1 year, or by both such fine and imprisonment. For the purpose of this Section each day of racing in violation of the provisions of this Act shall be considered as a separate and distinct offense. Sec. .». If by any rMM or e-ause, beyond the control of and through no fault or neglect of any licensee and while such licensee is not in default, it should become- impossible or impractical to conduct horse racing upon! any day er days licensed by the Director of Agriculture, the Director .f Agriculture, at the reepiest of such licensee anil upon proper showing, shall credit the licensee with the le.s paid by such licensee for horse racing ui on the days »n which it is impossible or impractical for mjch licensee to conduct horse racing under the terms « f the license granted for such purpose, and the amount so credited shall apply upon the lie-ense fee to be paid by such licensee at any subsequent racing meeting held by such licensee within one 1 year from the first day of such meeting for which such credit is given. Sec. 10. Any licensee conducting a horse racing meeting may provide a place- or places in the race meeting grounds or encle sure at which he, they or it may conduit and supervise the pari-mutuel or certificate system of wagering by patrons on the horse races conducted by such licensee at such meeting, and such pari-mutuel or certificate method of wagering upen such horse races held at sa:«l race track and within such race track and at such horse racing meeting shall not unde-r any circumstances be held or construed to be unlawful, other statutes of the State of Illinois to the contrary notwithstanding. No ether place or method of betting, pool making, wagering or gambling shall be used or permitted by the licensee, nor shall the pari-mutuel or certificate system of wagering be conducted on any races e xe-e-pt horse races at the race track where such pari-mutuel or certificate system of wagering is conducted. Kach licensee may retain not to exceed six and one-half per centum 6 •;•-, and the breaks as his, their eir its commission on the total of all moneys thus wagered. Breaks shall be at all times computed on the basis of not to exceed one cent lei on the dollar. Sec. 11. The Director of Agriculture may designate a representative to attenel any horse racing meeting held under a license issued under this Act. The compen sation of such representative shall M fixed by the Director of Agriculture but shall be paid weekly by the licensee at whose rac-e track said representative shall serve. The cc mpensation of such representative shall not be fixed at an amount in excess of Fifty Dollars 0.00 for each racing day. and only one representative may 1 • assigned hereunder to any race track on any one racing day. Such representative shall have full and free access to the space or enclosure where the pari-mutuel or certificate system of wagering is conducted or supervised at any horse racing meeting to which he shall he- assigned for the purpose only of ascertaining whether or not the licensee is retaining only the commission provided for in Section 10 of this Act. He shall also, for the same purpose only, have full and free access to the books, records and papers pertaining to such pari-mutuel or certificate method of wagering. He shall also from time to time investigate- and ascertain whether or not any of the provisions of this Act are being violated at such race track or enclosure, and from time to time as the Director of Agriculture shall designate, he shall report in writing under oath to the Director of Agriculture as to whether or not he has discovered any violation of any of the provisions of this Act, and if so, the nature and character of such violations ; and particularly shall he report to the Director of Agriculture in writing under oath whether or not the licensee has retained any commission or commissions in excess of those permitted by Section 10 of this Act. In any event each such representative shall make such report within ten 10 days after the termination of his duties at any racing meeting. If any such report does show any violations of this Act, the Director of Agriculture shall transmit a copy of such report to the Attorney General of this State, for such action as to him shall seem fit and proper. Sec. 12. Sections 59, 126, 127, 1.11, 132. 133 125. 135 and 137 of an Act entitled: •An Act to Revise the Iw in Relation to Criminal Jurisprudence,* approved March 27, 1874. in force July 1. 1874. and all ads amendatory thereof, and the provisions of an Act entitled: An Act to Prohibit Book-making and Pool Selling," approved May H, 1887, in force July 1, 1887, and all other Acts or parts of Acts inconsistent with the provisions of this Act, shall not apply to pari-mutuel or certificate wagering, in manner and form as provided for by this Act at any horse racing meeting held or conducted y any person, association, trust or corporation having a license for the holding or conducting of such horse racing meeting as provided by this Act. Sec. 13. Except as to the distribution by the Director of Agriculture of — mjJJ r_ ceived by him under the provisions ef this Act. nothing whatsoever in this Act shall lie-held or taken to apply to count v fairs and state fairs, or to agricultural and live Hi cat exhibitions where the pari-mutuel or certificate system of wagering u|K n the result of horse- races is not permitted or conducted. Nothing herein, however, shall be const! ii-d to permit the pari-mutuel or certificate-method of wagering upon anv race track unless such race track be licensed as provided by this Act : and it is hereby declared to be unlawful for any person, association corporation or trust to permit, conduct or supervise upon any race track ground the pari-mutuel or certificate method of wagering, except in accordance with the provisions of this Act. Sec. 14. Nothing in this Aet shall I*- construed to prevent in any way the use of any grounds, enclosure or race track owned or controlle-el by any licensee for any fair county fair, state fair, agricultural or live sock exhibition, even though horse racing be conducted thereat, when no b»-ttit,e: wage-ring, pool selling or gambling upon the result of horse racing held thereat is | ermitted with the knowledge or aequie-sce-ice of the person or persons conducting the same, and when the pari-mutuel or certificate method of wagering is not eondueteil. Sec 15. Nothing herein shall in any way be construed to apply to any other method or manner of racing except the racing of horses as herein set forth. Sec. 16. The invalidity of any section or see-tions or parts of any section or sections of this Act shall not affect the validity of the remainder of this Act. Sec. 17. It shall be the duty ..f the Attorney General and of the various States Attorneys in this state to enforce the provisions of this Act. -♦
