98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4003

 

Introduced , by Rep. Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
230 ILCS 5/30  from Ch. 8, par. 37-30

    Amends the Illinois Horse Racing Act of 1975. Makes a technical change in a Section concerning thoroughbred horses.


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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 30 as follows:
 
6    (230 ILCS 5/30)  (from Ch. 8, par. 37-30)
7    Sec. 30. (a) The The General Assembly declares that it is
8the policy of this State to encourage the breeding of
9thoroughbred 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 thoroughbred horses to
12participate in thoroughbred racing meetings in this State, and
13to establish 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 Act.
17    (b) Each organization licensee conducting a thoroughbred
18racing meeting pursuant to this Act shall provide at least two
19races each day limited to Illinois conceived and foaled horses
20or Illinois foaled horses or both. A minimum of 6 races shall
21be conducted each week limited to Illinois conceived and foaled
22or Illinois foaled horses or both. No horses shall be permitted
23to start in such races unless duly registered under the rules

 

 

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1of the Department of Agriculture.
2    (c) Conditions of races under subsection (b) shall be
3commensurate with past performance, quality, and class of
4Illinois conceived and foaled and Illinois foaled horses
5available. If, however, sufficient competition cannot be had
6among horses of that class on any day, the races may, with
7consent of the Board, be eliminated for that day and substitute
8races provided.
9    (d) There is hereby created a special fund of the State
10Treasury to be known as the Illinois Thoroughbred Breeders
11Fund.
12    Except as provided in subsection (g) of Section 27 of this
13Act, 8.5% of all the monies received by the State as privilege
14taxes on Thoroughbred racing meetings shall be paid into the
15Illinois Thoroughbred Breeders Fund.
16    (e) The Illinois Thoroughbred Breeders Fund shall be
17administered by the Department of Agriculture with the advice
18and assistance of the Advisory Board created in subsection (f)
19of this Section.
20    (f) The Illinois Thoroughbred Breeders Fund Advisory Board
21shall consist of the Director of the Department of Agriculture,
22who shall serve as Chairman; a member of the Illinois Racing
23Board, designated by it; 2 representatives of the organization
24licensees conducting thoroughbred racing meetings, recommended
25by them; 2 representatives of the Illinois Thoroughbred
26Breeders and Owners Foundation, recommended by it; and 2

 

 

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1representatives of the Horsemen's Benevolent Protective
2Association or any successor organization established in
3Illinois comprised of the largest number of owners and
4trainers, recommended by it, with one representative of the
5Horsemen's Benevolent and Protective Association to come from
6its Illinois Division, and one from its Chicago Division.
7Advisory Board members shall serve for 2 years commencing
8January 1 of each odd numbered year. If representatives of the
9organization licensees conducting thoroughbred racing
10meetings, the Illinois Thoroughbred Breeders and Owners
11Foundation, and the Horsemen's Benevolent Protection
12Association have not been recommended by January 1, of each odd
13numbered year, the Director of the Department of Agriculture
14shall make an appointment for the organization failing to so
15recommend a member of the Advisory Board. Advisory Board
16members shall receive no compensation for their services as
17members but shall be reimbursed for all actual and necessary
18expenses and disbursements incurred in the execution of their
19official duties.
20    (g) No monies shall be expended from the Illinois
21Thoroughbred Breeders Fund except as appropriated by the
22General Assembly. Monies appropriated from the Illinois
23Thoroughbred Breeders Fund shall be expended by the Department
24of Agriculture, with the advice and assistance of the Illinois
25Thoroughbred Breeders Fund Advisory Board, for the following
26purposes only:

 

 

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1        (1) To provide purse supplements to owners of horses
2    participating in races limited to Illinois conceived and
3    foaled and Illinois foaled horses. Any such purse
4    supplements shall not be included in and shall be paid in
5    addition to any purses, stakes, or breeders' awards offered
6    by each organization licensee as determined by agreement
7    between such organization licensee and an organization
8    representing the horsemen. No monies from the Illinois
9    Thoroughbred Breeders Fund shall be used to provide purse
10    supplements for claiming races in which the minimum
11    claiming price is less than $7,500.
12        (2) To provide stakes and awards to be paid to the
13    owners of the winning horses in certain races limited to
14    Illinois conceived and foaled and Illinois foaled horses
15    designated as stakes races.
16        (2.5) To provide an award to the owner or owners of an
17    Illinois conceived and foaled or Illinois foaled horse that
18    wins a maiden special weight, an allowance, overnight
19    handicap race, or claiming race with claiming price of
20    $10,000 or more providing the race is not restricted to
21    Illinois conceived and foaled or Illinois foaled horses.
22    Awards shall also be provided to the owner or owners of
23    Illinois conceived and foaled and Illinois foaled horses
24    that place second or third in those races. To the extent
25    that additional moneys are required to pay the minimum
26    additional awards of 40% of the purse the horse earns for

 

 

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1    placing first, second or third in those races for Illinois
2    foaled horses and of 60% of the purse the horse earns for
3    placing first, second or third in those races for Illinois
4    conceived and foaled horses, those moneys shall be provided
5    from the purse account at the track where earned.
6        (3) To provide stallion awards to the owner or owners
7    of any stallion that is duly registered with the Illinois
8    Thoroughbred Breeders Fund Program prior to the effective
9    date of this amendatory Act of 1995 whose duly registered
10    Illinois conceived and foaled offspring wins a race
11    conducted at an Illinois thoroughbred racing meeting other
12    than a claiming race. Such award shall not be paid to the
13    owner or owners of an Illinois stallion that served outside
14    this State at any time during the calendar year in which
15    such race was conducted.
16        (4) To provide $75,000 annually for purses to be
17    distributed to county fairs that provide for the running of
18    races during each county fair exclusively for the
19    thoroughbreds conceived and foaled in Illinois. The
20    conditions of the races shall be developed by the county
21    fair association and reviewed by the Department with the
22    advice and assistance of the Illinois Thoroughbred
23    Breeders Fund Advisory Board. There shall be no wagering of
24    any kind on the running of Illinois conceived and foaled
25    races at county fairs.
26        (4.1) To provide purse money for an Illinois stallion

 

 

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1    stakes program.
2        (5) No less than 80% of all monies appropriated from
3    the Illinois Thoroughbred Breeders Fund shall be expended
4    for the purposes in (1), (2), (2.5), (3), (4), (4.1), and
5    (5) as shown above.
6        (6) To provide for educational programs regarding the
7    thoroughbred breeding industry.
8        (7) To provide for research programs concerning the
9    health, development and care of the thoroughbred horse.
10        (8) To provide for a scholarship and training program
11    for students of equine veterinary medicine.
12        (9) To provide for dissemination of public information
13    designed to promote the breeding of thoroughbred horses in
14    Illinois.
15        (10) To provide for all expenses incurred in the
16    administration of the Illinois Thoroughbred Breeders Fund.
17    (h) Whenever the Governor finds that the amount in the
18Illinois Thoroughbred Breeders Fund is more than the total of
19the outstanding appropriations from such fund, the Governor
20shall notify the State Comptroller and the State Treasurer of
21such fact. The Comptroller and the State Treasurer, upon
22receipt of such notification, shall transfer such excess amount
23from the Illinois Thoroughbred Breeders Fund to the General
24Revenue Fund.
25    (i) A sum equal to 12 1/2% of the first prize money of
26every purse won by an Illinois foaled or an Illinois conceived

 

 

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1and foaled horse in races not limited to Illinois foaled horses
2or Illinois conceived and foaled horses, or both, shall be paid
3by the organization licensee conducting the horse race meeting.
4Such sum shall be paid from the organization licensee's share
5of the money wagered as follows: 11 1/2% to the breeder of the
6winning horse and 1% to the organization representing
7thoroughbred breeders and owners whose representative serves
8on the Illinois Thoroughbred Breeders Fund Advisory Board for
9verifying the amounts of breeders' awards earned, assuring
10their distribution in accordance with this Act, and servicing
11and promoting the Illinois thoroughbred horse racing industry.
12The organization representing thoroughbred breeders and owners
13shall cause all expenditures of monies received under this
14subsection (i) to be audited at least annually by a registered
15public accountant. The organization shall file copies of each
16annual audit with the Racing Board, the Clerk of the House of
17Representatives and the Secretary of the Senate, and shall make
18copies of each annual audit available to the public upon
19request and upon payment of the reasonable cost of photocopying
20the requested number of copies. Such payments shall not reduce
21any award to the owner of the horse or reduce the taxes payable
22under this Act. Upon completion of its racing meet, each
23organization licensee shall deliver to the organization
24representing thoroughbred breeders and owners whose
25representative serves on the Illinois Thoroughbred Breeders
26Fund Advisory Board a listing of all the Illinois foaled and

 

 

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1the Illinois conceived and foaled horses which won breeders'
2awards and the amount of such breeders' awards under this
3subsection to verify accuracy of payments and assure proper
4distribution of breeders' awards in accordance with the
5provisions of this Act. Such payments shall be delivered by the
6organization licensee within 30 days of the end of each race
7meeting.
8    (j) A sum equal to 12 1/2% of the first prize money won in
9each race limited to Illinois foaled horses or Illinois
10conceived and foaled horses, or both, shall be paid in the
11following manner by the organization licensee conducting the
12horse race meeting, from the organization licensee's share of
13the money wagered: 11 1/2% to the breeders of the horses in
14each such race which are the official first, second, third and
15fourth finishers and 1% to the organization representing
16thoroughbred breeders and owners whose representative serves
17on the Illinois Thoroughbred Breeders Fund Advisory Board for
18verifying the amounts of breeders' awards earned, assuring
19their proper distribution in accordance with this Act, and
20servicing and promoting the Illinois thoroughbred horse racing
21industry. The organization representing thoroughbred breeders
22and owners shall cause all expenditures of monies received
23under this subsection (j) to be audited at least annually by a
24registered public accountant. The organization shall file
25copies of each annual audit with the Racing Board, the Clerk of
26the House of Representatives and the Secretary of the Senate,

 

 

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1and shall make copies of each annual audit available to the
2public upon request and upon payment of the reasonable cost of
3photocopying the requested number of copies.
4    The 11 1/2% paid to the breeders in accordance with this
5subsection shall be distributed as follows:
6        (1) 60% of such sum shall be paid to the breeder of the
7    horse which finishes in the official first position;
8        (2) 20% of such sum shall be paid to the breeder of the
9    horse which finishes in the official second position;
10        (3) 15% of such sum shall be paid to the breeder of the
11    horse which finishes in the official third position; and
12        (4) 5% of such sum shall be paid to the breeder of the
13    horse which finishes in the official fourth position.
14    Such payments shall not reduce any award to the owners of a
15horse or reduce the taxes payable under this Act. Upon
16completion of its racing meet, each organization licensee shall
17deliver to the organization representing thoroughbred breeders
18and owners whose representative serves on the Illinois
19Thoroughbred Breeders Fund Advisory Board a listing of all the
20Illinois foaled and the Illinois conceived and foaled horses
21which won breeders' awards and the amount of such breeders'
22awards in accordance with the provisions of this Act. Such
23payments shall be delivered by the organization licensee within
2430 days of the end of each race meeting.
25    (k) The term "breeder", as used herein, means the owner of
26the mare at the time the foal is dropped. An "Illinois foaled

 

 

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1horse" is a foal dropped by a mare which enters this State on
2or before December 1, in the year in which the horse is bred,
3provided the mare remains continuously in this State until its
4foal is born. An "Illinois foaled horse" also means a foal born
5of a mare in the same year as the mare enters this State on or
6before March 1, and remains in this State at least 30 days
7after foaling, is bred back during the season of the foaling to
8an Illinois Registered Stallion (unless a veterinarian
9certifies that the mare should not be bred for health reasons),
10and is not bred to a stallion standing in any other state
11during the season of foaling. An "Illinois foaled horse" also
12means a foal born in Illinois of a mare purchased at public
13auction subsequent to the mare entering this State prior to
14February 1 of the foaling year providing the mare is owned
15solely by one or more Illinois residents or an Illinois entity
16that is entirely owned by one or more Illinois residents.
17    (l) The Department of Agriculture shall, by rule, with the
18advice and assistance of the Illinois Thoroughbred Breeders
19Fund Advisory Board:
20        (1) Qualify stallions for Illinois breeding; such
21    stallions to stand for service within the State of Illinois
22    at the time of a foal's conception. Such stallion must not
23    stand for service at any place outside the State of
24    Illinois during the calendar year in which the foal is
25    conceived. The Department of Agriculture may assess and
26    collect application fees for the registration of

 

 

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1    Illinois-eligible stallions. All fees collected are to be
2    paid into the Illinois Thoroughbred Breeders Fund.
3        (2) Provide for the registration of Illinois conceived
4    and foaled horses and Illinois foaled horses. No such horse
5    shall compete in the races limited to Illinois conceived
6    and foaled horses or Illinois foaled horses or both unless
7    registered with the Department of Agriculture. The
8    Department of Agriculture may prescribe such forms as are
9    necessary to determine the eligibility of such horses. The
10    Department of Agriculture may assess and collect
11    application fees for the registration of Illinois-eligible
12    foals. All fees collected are to be paid into the Illinois
13    Thoroughbred Breeders Fund. No person shall knowingly
14    prepare or cause preparation of an application for
15    registration of such foals containing false information.
16    (m) The Department of Agriculture, with the advice and
17assistance of the Illinois Thoroughbred Breeders Fund Advisory
18Board, shall provide that certain races limited to Illinois
19conceived and foaled and Illinois foaled horses be stakes races
20and determine the total amount of stakes and awards to be paid
21to the owners of the winning horses in such races.
22    In determining the stakes races and the amount of awards
23for such races, the Department of Agriculture shall consider
24factors, including but not limited to, the amount of money
25appropriated for the Illinois Thoroughbred Breeders Fund
26program, organization licensees' contributions, availability

 

 

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1of stakes caliber horses as demonstrated by past performances,
2whether the race can be coordinated into the proposed racing
3dates within organization licensees' racing dates, opportunity
4for colts and fillies and various age groups to race, public
5wagering on such races, and the previous racing schedule.
6    (n) The Board and the organizational licensee shall notify
7the Department of the conditions and minimum purses for races
8limited to Illinois conceived and foaled and Illinois foaled
9horses conducted for each organizational licensee conducting a
10thoroughbred racing meeting. The Department of Agriculture
11with the advice and assistance of the Illinois Thoroughbred
12Breeders Fund Advisory Board may allocate monies for purse
13supplements for such races. In determining whether to allocate
14money and the amount, the Department of Agriculture shall
15consider factors, including but not limited to, the amount of
16money appropriated for the Illinois Thoroughbred Breeders Fund
17program, the number of races that may occur, and the
18organizational licensee's purse structure.
19    (o) In order to improve the breeding quality of
20thoroughbred horses in the State, the General Assembly
21recognizes that existing provisions of this Section to
22encourage such quality breeding need to be revised and
23strengthened. As such, a Thoroughbred Breeder's Program Task
24Force is to be appointed by the Governor by September 1, 1999
25to make recommendations to the General Assembly by no later
26than March 1, 2000. This task force is to be composed of 2

 

 

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1representatives from the Illinois Thoroughbred Breeders and
2Owners Foundation, 2 from the Illinois Thoroughbred Horsemen's
3Association, 3 from Illinois race tracks operating
4thoroughbred race meets for an average of at least 30 days in
5the past 3 years, the Director of Agriculture, the Executive
6Director of the Racing Board, who shall serve as Chairman.
7(Source: P.A. 91-40, eff. 6-25-99.)