101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3667

 

Introduced , by Rep. Jerry Costello, II

 

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

    Amends the Illinois Horse Racing Act of 1975. Provides that the Department of Agriculture shall provide a racing program (rather than a 5-day racing program) at the State Fair each year. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3667LRB101 05836 SMS 50853 b

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 General Assembly declares that it is the
8policy of this State to encourage the breeding of standardbred
9horses in this State and the ownership of such horses by
10residents of this State in order to provide for: sufficient
11numbers of high quality standardbred horses to participate in
12harness racing meetings in this State, and to establish and
13preserve the agricultural and commercial benefits of such
14breeding and racing industries to the State of Illinois. It is
15the intent of the General Assembly to further this policy by
16the 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 largest association of Illinois
25standardbred owners and breeders, recommended by it; a
26representative of a statewide association representing

 

 

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1agricultural fairs in Illinois, recommended by it, such
2representative to be from a fair at which Illinois conceived
3and foaled racing is conducted; a representative of the
4organization licensees conducting harness racing meetings,
5recommended by them; a representative of the Breeder's
6Committee of the association representing the largest number of
7standardbred owners, breeders, trainers, caretakers, and
8drivers, recommended by it; and a representative of the
9association representing the largest number of standardbred
10owners, breeders, trainers, caretakers, and drivers,
11recommended by it. Advisory Board members shall serve for 2
12years commencing January 1 of each odd numbered year. If
13representatives of the largest association of Illinois
14standardbred owners and breeders, a statewide association of
15agricultural fairs in Illinois, the association representing
16the largest number of standardbred owners, breeders, trainers,
17caretakers, and drivers, a member of the Breeder's Committee of
18the association representing the largest number of
19standardbred owners, breeders, trainers, caretakers, and
20drivers, and the organization licensees conducting harness
21racing meetings have not been recommended by January 1 of each
22odd numbered year, the Director of the Department of
23Agriculture shall make an appointment for the organization
24failing to so recommend a member of the Advisory Board.
25Advisory Board members shall receive no compensation for their
26services as members but shall be reimbursed for all actual and

 

 

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1necessary expenses and disbursements incurred in the execution
2of their official duties.
3    (g) No monies shall be expended from the Illinois
4Standardbred Breeders Fund except as appropriated by the
5General Assembly. Monies appropriated from the Illinois
6Standardbred Breeders Fund shall be expended by the Department
7of Agriculture, with the assistance and advice of the Illinois
8Standardbred Breeders Fund Advisory Board for the following
9purposes only:
10        1. To provide purses for races limited to Illinois
11    conceived and foaled horses at the State Fair.
12        2. To provide purses for races limited to Illinois
13    conceived and foaled horses at county fairs.
14        3. To provide purse supplements for races limited to
15    Illinois conceived and foaled horses conducted by
16    associations conducting harness racing meetings.
17        4. No less than 75% of all monies in the Illinois
18    Standardbred Breeders Fund shall be expended for purses in
19    1, 2 and 3 as shown above.
20        5. In the discretion of the Department of Agriculture
21    to provide awards to harness breeders of Illinois conceived
22    and foaled horses which win races conducted by organization
23    licensees conducting harness racing meetings. A breeder is
24    the owner of a mare at the time of conception. No more than
25    10% of all monies appropriated from the Illinois
26    Standardbred Breeders Fund shall be expended for such

 

 

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1    harness breeders awards. No more than 25% of the amount
2    expended for harness breeders awards shall be expended for
3    expenses incurred in the administration of such harness
4    breeders awards.
5        6. To pay for the improvement of racing facilities
6    located at the State Fair and County fairs.
7        7. To pay the expenses incurred in the administration
8    of the Illinois Standardbred Breeders Fund.
9        8. To promote the sport of harness racing.
10    (h) Whenever the Governor finds that the amount in the
11Illinois Standardbred Breeders Fund is more than the total of
12the outstanding appropriations from such fund, the Governor
13shall notify the State Comptroller and the State Treasurer of
14such fact. The Comptroller and the State Treasurer, upon
15receipt of such notification, shall transfer such excess amount
16from the Illinois Standardbred Breeders Fund to the General
17Revenue Fund.
18    (i) A sum equal to 12 1/2% of the first prize money of
19every purse won by an Illinois conceived and foaled horse shall
20be paid by the organization licensee conducting the horse race
21meeting to the breeder of such winning horse from the
22organization licensee's share of the money wagered. Such
23payment shall not reduce any award to the owner of the horse or
24reduce the taxes payable under this Act. Such payment shall be
25delivered by the organization licensee at the end of each race
26meeting.

 

 

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1    (j) The Department of Agriculture shall, by rule, with the
2assistance and advice of the Illinois Standardbred Breeders
3Fund Advisory Board:
4        1. Qualify stallions for Illinois Standardbred
5    Breeders Fund breeding; such stallion shall be owned by a
6    resident of the State of Illinois or by an Illinois
7    corporation all of whose shareholders, directors, officers
8    and incorporators are residents of the State of Illinois.
9    Such stallion shall stand for service at and within the
10    State of Illinois at the time of a foal's conception, and
11    such stallion must not stand for service at any place, nor
12    may semen from such stallion be transported, outside the
13    State of Illinois during that calendar year in which the
14    foal is conceived and that the owner of the stallion was
15    for the 12 months prior, a resident of Illinois. However,
16    from January 1, 2018 until January 1, 2022, semen from an
17    Illinois stallion may be transported outside the State of
18    Illinois. The articles of agreement of any partnership,
19    joint venture, limited partnership, syndicate, association
20    or corporation and any bylaws and stock certificates must
21    contain a restriction that provides that the ownership or
22    transfer of interest by any one of the persons a party to
23    the agreement can only be made to a person who qualifies as
24    an Illinois resident.
25        2. Provide for the registration of Illinois conceived
26    and foaled horses and no such horse shall compete in the

 

 

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1    races limited to Illinois conceived and foaled horses
2    unless registered with the Department of Agriculture. The
3    Department of Agriculture may prescribe such forms as may
4    be necessary to determine the eligibility of such horses.
5    No person shall knowingly prepare or cause preparation of
6    an application for registration of such foals containing
7    false information. A mare (dam) must be in the State at
8    least 30 days prior to foaling or remain in the State at
9    least 30 days at the time of foaling. However, the
10    requirement that a mare (dam) must be in the State at least
11    30 days before foaling or remain in the State at least 30
12    days at the time of foaling shall not be in effect from
13    January 1, 2018 until January 1, 2022. Beginning with the
14    1996 breeding season and for foals of 1997 and thereafter,
15    a foal conceived by transported semen may be eligible for
16    Illinois conceived and foaled registration provided all
17    breeding and foaling requirements are met. The stallion
18    must be qualified for Illinois Standardbred Breeders Fund
19    breeding at the time of conception and the mare must be
20    inseminated within the State of Illinois. The foal must be
21    dropped in Illinois and properly registered with the
22    Department of Agriculture in accordance with this Act.
23    However, from January 1, 2018 until January 1, 2022, the
24    requirement for a mare to be inseminated within the State
25    of Illinois and the requirement for a foal to be dropped in
26    Illinois are inapplicable.

 

 

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

 

 

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

 

 

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1Foundation, or any standards and requirements for headgear the
2Illinois Racing Board may approve. Any other standards and
3requirements so approved by the Board shall equal or exceed
4those published by the Snell Memorial Foundation. Any
5equestrian helmet bearing the Snell label shall be deemed to
6have met those standards and requirements.
7(Source: P.A. 99-756, eff. 8-12-16; 100-777, eff. 8-10-18.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.