Rep. Jay Hoffman

Filed: 4/13/2016

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 335

2    AMENDMENT NO. ______. Amend House Bill 335, AS AMENDED,
3with reference to page and line numbers of House Amendment No.
42, on page 1, line 5, by replacing "and 27" with "27, and 31";
5and
 
6on page 51, immediately below line 19, by inserting the
7following:
 
8    "(230 ILCS 5/31)  (from Ch. 8, par. 37-31)
9    Sec. 31. (a) The General Assembly declares that it is the
10policy of this State to encourage the breeding of standardbred
11horses in this State and the ownership of such horses by
12residents of this State in order to provide for: sufficient
13numbers of high quality standardbred horses to participate in
14harness racing meetings in this State, and to establish and
15preserve the agricultural and commercial benefits of such
16breeding and racing industries to the State of Illinois. It is

 

 

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1the intent of the General Assembly to further this policy by
2the provisions of this Section of this Act.
3    (b) Each organization licensee conducting a harness racing
4meeting pursuant to this Act shall provide for at least two
5races each race program limited to Illinois conceived and
6foaled horses. A minimum of 6 races shall be conducted each
7week limited to Illinois conceived and foaled horses. No horses
8shall be permitted to start in such races unless duly
9registered under the rules of the Department of Agriculture.
10    (c) Conditions of races under subsection (b) shall be
11commensurate with past performance, quality and class of
12Illinois conceived and foaled horses available. If, however,
13sufficient competition cannot be had among horses of that class
14on any day, the races may, with consent of the Board, be
15eliminated for that day and substitute races provided.
16    (d) There is hereby created a special fund of the State
17Treasury to be known as the Illinois Standardbred Breeders
18Fund.
19    During the calendar year 1981, and each year thereafter,
20except as provided in subsection (g) of Section 27 of this Act,
21eight and one-half per cent of all the monies received by the
22State as privilege taxes on harness racing meetings shall be
23paid into the Illinois Standardbred Breeders Fund.
24    (e) The Illinois Standardbred Breeders Fund shall be
25administered by the Department of Agriculture with the
26assistance and advice of the Advisory Board created in

 

 

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1subsection (f) of this Section.
2    (f) The Illinois Standardbred Breeders Fund Advisory Board
3is hereby created. The Advisory Board shall consist of the
4Director of the Department of Agriculture, who shall serve as
5Chairman; the Superintendent of the Illinois State Fair; a
6member of the Illinois Racing Board, designated by it; a
7representative of the Illinois Standardbred Owners and
8Breeders Association, recommended by it; a representative of
9the Illinois Association of Agricultural Fairs, recommended by
10it, such representative to be from a fair at which Illinois
11conceived and foaled racing is conducted; a representative of
12the organization licensees conducting harness racing meetings,
13recommended by them; and a representative of the Illinois
14Harness Horsemen's Association, recommended by it; and a
15representative of the Breeder's Committee of the Illinois
16Harness Horsemen's Association, recommended by it. Advisory
17Board members shall serve for 2 years commencing January 1, of
18each odd numbered year. If representatives of the Illinois
19Standardbred Owners and Breeders Associations, the Illinois
20Association of Agricultural Fairs, the Illinois Harness
21Horsemen's Association, and the organization licensees
22conducting harness racing meetings have not been recommended by
23January 1, of each odd numbered year, the Director of the
24Department of Agriculture shall make an appointment for the
25organization failing to so recommend a member of the Advisory
26Board. Advisory Board members shall receive no compensation for

 

 

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

 

 

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

 

 

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

 

 

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1determine the eligibility of such horses. No person shall
2knowingly prepare or cause preparation of an application for
3registration of such foals containing false information. A mare
4(dam) must be in the state at least 30 days prior to foaling or
5remain in the State at least 30 days at the time of foaling.
6Beginning with the 1996 breeding season and for foals of 1997
7and thereafter, a foal conceived by transported fresh semen may
8be eligible for Illinois conceived and foaled registration
9provided all breeding and foaling requirements are met. The
10stallion must be qualified for Illinois Standardbred Breeders
11Fund breeding at the time of conception and the mare must be
12inseminated within the State of Illinois. The foal must be
13dropped in Illinois and properly registered with the Department
14of Agriculture in accordance with this Act.
15    3. Provide that at least a 5 day racing program shall be
16conducted at the State Fair each year, which program shall
17include at least the following races limited to Illinois
18conceived and foaled horses: (a) a two year old Trot and Pace,
19and Filly Division of each; (b) a three year old Trot and Pace,
20and Filly Division of each; (c) an aged Trot and Pace, and Mare
21Division of each.
22    4. Provide for the payment of nominating, sustaining and
23starting fees for races promoting the sport of harness racing
24and for the races to be conducted at the State Fair as provided
25in subsection (j) 3 of this Section provided that the
26nominating, sustaining and starting payment required from an

 

 

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1entrant shall not exceed 2% of the purse of such race. All
2nominating, sustaining and starting payments shall be held for
3the benefit of entrants and shall be paid out as part of the
4respective purses for such races. Nominating, sustaining and
5starting fees shall be held in trust accounts for the purposes
6as set forth in this Act and in accordance with Section 205-15
7of the Department of Agriculture Law (20 ILCS 205/205-15).
8    5. Provide for the registration with the Department of
9Agriculture of Colt Associations or county fairs desiring to
10sponsor races at county fairs.
11    (k) The Department of Agriculture, with the advice and
12assistance of the Illinois Standardbred Breeders Fund Advisory
13Board, may allocate monies for purse supplements for such
14races. In determining whether to allocate money and the amount,
15the Department of Agriculture shall consider factors,
16including but not limited to, the amount of money appropriated
17for the Illinois Standardbred Breeders Fund program, the number
18of races that may occur, and an organizational licensee's purse
19structure. The organizational licensee shall notify the
20Department of Agriculture of the conditions and minimum purses
21for races limited to Illinois conceived and foaled horses to be
22conducted by each organizational licensee conducting a harness
23racing meeting for which purse supplements have been
24negotiated.
25    (l) All races held at county fairs and the State Fair which
26receive funds from the Illinois Standardbred Breeders Fund

 

 

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1shall be conducted in accordance with the rules of the United
2States Trotting Association unless otherwise modified by the
3Department of Agriculture.
4    (m) At all standardbred race meetings held or conducted
5under authority of a license granted by the Board, and at all
6standardbred races held at county fairs which are approved by
7the Department of Agriculture or at the Illinois or DuQuoin
8State Fairs, no one shall jog, train, warm up or drive a
9standardbred horse unless he or she is wearing a protective
10safety helmet, with the chin strap fastened and in place, which
11meets the standards and requirements as set forth in the 1984
12Standard for Protective Headgear for Use in Harness Racing and
13Other Equestrian Sports published by the Snell Memorial
14Foundation, or any standards and requirements for headgear the
15Illinois Racing Board may approve. Any other standards and
16requirements so approved by the Board shall equal or exceed
17those published by the Snell Memorial Foundation. Any
18equestrian helmet bearing the Snell label shall be deemed to
19have met those standards and requirements.
20(Source: P.A. 91-239, eff. 1-1-00.)".