97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB0748

 

Introduced 2/8/2011, by Sen. John J. Cullerton

 

SYNOPSIS AS INTRODUCED:
 
230 ILCS 5/31  from Ch. 8, par. 37-31

    Amends the Illinois Horse Racing Act of 1975. Makes a technical change in a Section concerning the Illinois Standardbred Breeders Fund.


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A BILL FOR

 

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1    AN ACT concerning gaming.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Horse Racing Act of 1975 is amended
5by changing Section 31 as follows:
 
6    (230 ILCS 5/31)  (from Ch. 8, par. 37-31)
7    Sec. 31. (a) The The General Assembly declares that it is
8the policy of this State to encourage the breeding of
9standardbred horses in this State and the ownership of such
10horses by residents of this State in order to provide for:
11sufficient numbers of high quality standardbred horses to
12participate in harness racing meetings in this State, and to
13establish and preserve the agricultural and commercial
14benefits of such breeding and racing industries to the State of
15Illinois. It is the intent of the General Assembly to further
16this policy by the provisions of this Section of this Act.
17    (b) Each organization licensee conducting a harness racing
18meeting pursuant to this Act shall provide for at least two
19races each race program limited to Illinois conceived and
20foaled horses. A minimum of 6 races shall be conducted each
21week limited to Illinois conceived and foaled horses. No horses
22shall be permitted to start in such races unless duly
23registered under the rules of the Department of Agriculture.

 

 

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1    (c) Conditions of races under subsection (b) shall be
2commensurate with past performance, quality and class of
3Illinois conceived and foaled horses available. If, however,
4sufficient competition cannot be had among horses of that class
5on any day, the races may, with consent of the Board, be
6eliminated for that day and substitute races provided.
7    (d) There is hereby created a special fund of the State
8Treasury to be known as the Illinois Standardbred Breeders
9Fund.
10    During the calendar year 1981, and each year thereafter,
11except as provided in subsection (g) of Section 27 of this Act,
12eight and one-half per cent of all the monies received by the
13State as privilege taxes on harness racing meetings shall be
14paid into the Illinois Standardbred Breeders Fund.
15    (e) The Illinois Standardbred Breeders Fund shall be
16administered by the Department of Agriculture with the
17assistance and advice of the Advisory Board created in
18subsection (f) of this Section.
19    (f) The Illinois Standardbred Breeders Fund Advisory Board
20is hereby created. The Advisory Board shall consist of the
21Director of the Department of Agriculture, who shall serve as
22Chairman; the Superintendent of the Illinois State Fair; a
23member of the Illinois Racing Board, designated by it; a
24representative of the Illinois Standardbred Owners and
25Breeders Association, recommended by it; a representative of
26the Illinois Association of Agricultural Fairs, recommended by

 

 

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1it, such representative to be from a fair at which Illinois
2conceived and foaled racing is conducted; a representative of
3the organization licensees conducting harness racing meetings,
4recommended by them and a representative of the Illinois
5Harness Horsemen's Association, recommended by it. Advisory
6Board members shall serve for 2 years commencing January 1, of
7each odd numbered year. If representatives of the Illinois
8Standardbred Owners and Breeders Associations, the Illinois
9Association of Agricultural Fairs, the Illinois Harness
10Horsemen's Association, and the organization licensees
11conducting harness racing meetings have not been recommended by
12January 1, of each odd numbered year, the Director of the
13Department of Agriculture shall make an appointment for the
14organization failing to so recommend a member of the Advisory
15Board. Advisory Board members shall receive no compensation for
16their services as members but shall be reimbursed for all
17actual and necessary expenses and disbursements incurred in the
18execution of their official duties.
19    (g) No monies shall be expended from the Illinois
20Standardbred Breeders Fund except as appropriated by the
21General Assembly. Monies appropriated from the Illinois
22Standardbred Breeders Fund shall be expended by the Department
23of Agriculture, with the assistance and advice of the Illinois
24Standardbred Breeders Fund Advisory Board for the following
25purposes only:
26        1. To provide purses for races limited to Illinois

 

 

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1    conceived and foaled horses at the State Fair.
2        2. To provide purses for races limited to Illinois
3    conceived and foaled horses at county fairs.
4        3. To provide purse supplements for races limited to
5    Illinois conceived and foaled horses conducted by
6    associations conducting harness racing meetings.
7        4. No less than 75% of all monies in the Illinois
8    Standardbred Breeders Fund shall be expended for purses in
9    1, 2 and 3 as shown above.
10        5. In the discretion of the Department of Agriculture
11    to provide awards to harness breeders of Illinois conceived
12    and foaled horses which win races conducted by organization
13    licensees conducting harness racing meetings. A breeder is
14    the owner of a mare at the time of conception. No more than
15    10% of all monies appropriated from the Illinois
16    Standardbred Breeders Fund shall be expended for such
17    harness breeders awards. No more than 25% of the amount
18    expended for harness breeders awards shall be expended for
19    expenses incurred in the administration of such harness
20    breeders awards.
21        6. To pay for the improvement of racing facilities
22    located at the State Fair and County fairs.
23        7. To pay the expenses incurred in the administration
24    of the Illinois Standardbred Breeders Fund.
25        8. To promote the sport of harness racing.
26    (h) Whenever the Governor finds that the amount in the

 

 

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1Illinois Standardbred Breeders Fund is more than the total of
2the outstanding appropriations from such fund, the Governor
3shall notify the State Comptroller and the State Treasurer of
4such fact. The Comptroller and the State Treasurer, upon
5receipt of such notification, shall transfer such excess amount
6from the Illinois Standardbred Breeders Fund to the General
7Revenue Fund.
8    (i) A sum equal to 12 1/2% of the first prize money of
9every purse won by an Illinois conceived and foaled horse shall
10be paid by the organization licensee conducting the horse race
11meeting to the breeder of such winning horse from the
12organization licensee's share of the money wagered. Such
13payment shall not reduce any award to the owner of the horse or
14reduce the taxes payable under this Act. Such payment shall be
15delivered by the organization licensee at the end of each race
16meeting.
17    (j) The Department of Agriculture shall, by rule, with the
18assistance and advice of the Illinois Standardbred Breeders
19Fund Advisory Board:
20    1. Qualify stallions for Illinois Standardbred Breeders
21Fund breeding; such stallion shall be owned by a resident of
22the State of Illinois or by an Illinois corporation all of
23whose shareholders, directors, officers and incorporators are
24residents of the State of Illinois. Such stallion shall stand
25for service at and within the State of Illinois at the time of
26a foal's conception, and such stallion must not stand for

 

 

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1service at any place, nor may semen from such stallion be
2transported, outside the State of Illinois during that calendar
3year in which the foal is conceived and that the owner of the
4stallion was for the 12 months prior, a resident of Illinois.
5The articles of agreement of any partnership, joint venture,
6limited partnership, syndicate, association or corporation and
7any bylaws and stock certificates must contain a restriction
8that provides that the ownership or transfer of interest by any
9one of the persons a party to the agreement can only be made to
10a person who qualifies as an Illinois resident.
11    2. Provide for the registration of Illinois conceived and
12foaled horses and no such horse shall compete in the races
13limited to Illinois conceived and foaled horses unless
14registered with the Department of Agriculture. The Department
15of Agriculture may prescribe such forms as may be necessary to
16determine the eligibility of such horses. No person shall
17knowingly prepare or cause preparation of an application for
18registration of such foals containing false information. A mare
19(dam) must be in the state at least 30 days prior to foaling or
20remain in the State at least 30 days at the time of foaling.
21Beginning with the 1996 breeding season and for foals of 1997
22and thereafter, a foal conceived by transported fresh semen may
23be eligible for Illinois conceived and foaled registration
24provided all breeding and foaling requirements are met. The
25stallion must be qualified for Illinois Standardbred Breeders
26Fund breeding at the time of conception and the mare must be

 

 

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1inseminated within the State of Illinois. The foal must be
2dropped in Illinois and properly registered with the Department
3of Agriculture in accordance with this Act.
4    3. Provide that at least a 5 day racing program shall be
5conducted at the State Fair each year, which program shall
6include at least the following races limited to Illinois
7conceived and foaled horses: (a) a two year old Trot and Pace,
8and Filly Division of each; (b) a three year old Trot and Pace,
9and Filly Division of each; (c) an aged Trot and Pace, and Mare
10Division of each.
11    4. Provide for the payment of nominating, sustaining and
12starting fees for races promoting the sport of harness racing
13and for the races to be conducted at the State Fair as provided
14in subsection (j) 3 of this Section provided that the
15nominating, sustaining and starting payment required from an
16entrant shall not exceed 2% of the purse of such race. All
17nominating, sustaining and starting payments shall be held for
18the benefit of entrants and shall be paid out as part of the
19respective purses for such races. Nominating, sustaining and
20starting fees shall be held in trust accounts for the purposes
21as set forth in this Act and in accordance with Section 205-15
22of the Department of Agriculture Law (20 ILCS 205/205-15).
23    5. Provide for the registration with the Department of
24Agriculture of Colt Associations or county fairs desiring to
25sponsor races at county fairs.
26    (k) The Department of Agriculture, with the advice and

 

 

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1assistance of the Illinois Standardbred Breeders Fund Advisory
2Board, may allocate monies for purse supplements for such
3races. In determining whether to allocate money and the amount,
4the Department of Agriculture shall consider factors,
5including but not limited to, the amount of money appropriated
6for the Illinois Standardbred Breeders Fund program, the number
7of races that may occur, and an organizational licensee's purse
8structure. The organizational licensee shall notify the
9Department of Agriculture of the conditions and minimum purses
10for races limited to Illinois conceived and foaled horses to be
11conducted by each organizational licensee conducting a harness
12racing meeting for which purse supplements have been
13negotiated.
14    (l) All races held at county fairs and the State Fair which
15receive funds from the Illinois Standardbred Breeders Fund
16shall be conducted in accordance with the rules of the United
17States Trotting Association unless otherwise modified by the
18Department of Agriculture.
19    (m) At all standardbred race meetings held or conducted
20under authority of a license granted by the Board, and at all
21standardbred races held at county fairs which are approved by
22the Department of Agriculture or at the Illinois or DuQuoin
23State Fairs, no one shall jog, train, warm up or drive a
24standardbred horse unless he or she is wearing a protective
25safety helmet, with the chin strap fastened and in place, which
26meets the standards and requirements as set forth in the 1984

 

 

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1Standard for Protective Headgear for Use in Harness Racing and
2Other Equestrian Sports published by the Snell Memorial
3Foundation, or any standards and requirements for headgear the
4Illinois Racing Board may approve. Any other standards and
5requirements so approved by the Board shall equal or exceed
6those published by the Snell Memorial Foundation. Any
7equestrian helmet bearing the Snell label shall be deemed to
8have met those standards and requirements.
9(Source: P.A. 91-239, eff. 1-1-00.)