Full Text of SB3864 101st General Assembly
SB3864 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB3864 Introduced 2/14/2020, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED: |
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230 ILCS 5/31 | from Ch. 8, par. 37-31 |
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Amends the Illinois Horse Racing Act of 1975. In provisions concerning stallions that qualify for Illinois Standardbred Breeders Fund breeding, removes language requiring the stallion to be owned by a resident of Illinois or a corporation in which all shareholders, directors, officers, and incorporators are residents of Illinois. Removes language prohibiting semen from being transported outside of Illinois. Removes language requiring the stallion's owner to be a resident of Illinois the previous 12 months. Removes language requiring that certain agreements for ownership or transfer of interest in a stallion must restrict ownership or transfer of interest to a resident of Illinois.
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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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Horse Racing Act of 1975 is amended | 5 | | by 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 | 8 | | policy of
this State to encourage the breeding of standardbred | 9 | | horses in this
State and the ownership of such horses by | 10 | | residents of this State in
order to provide for: sufficient | 11 | | numbers of high quality standardbred
horses to participate in | 12 | | harness racing meetings in this State, and to
establish and | 13 | | preserve the agricultural and commercial benefits of such
| 14 | | breeding and racing industries to the State of Illinois. It is | 15 | | the
intent of the General Assembly to further this policy by | 16 | | the provisions
of this Section of this Act.
| 17 | | (b) Each organization licensee conducting a harness
racing | 18 | | meeting pursuant to this Act shall provide for at least two | 19 | | races each
race program limited to
Illinois conceived and | 20 | | foaled horses. A minimum of 6 races shall be
conducted each | 21 | | week limited to Illinois conceived and foaled horses. No
horses | 22 | | shall be permitted to start in such races unless duly | 23 | | registered
under the rules of the Department of Agriculture.
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| 1 | | (b-5) Organization licensees, not including the Illinois | 2 | | State Fair or the DuQuoin State Fair, shall provide stake races | 3 | | and early closer races for Illinois conceived and foaled horses | 4 | | so that purses distributed for such races shall be no less than | 5 | | 17% of total purses distributed for harness racing in that | 6 | | calendar year in addition to any stakes payments and starting | 7 | | fees contributed by horse owners. | 8 | | (b-10) Each organization licensee conducting a harness | 9 | | racing meeting
pursuant to this Act shall provide an owner | 10 | | award to be paid from the purse
account equal to 12% of the | 11 | | amount earned by Illinois conceived and foaled
horses finishing | 12 | | in the first 3 positions in races that are not restricted to | 13 | | Illinois conceived and foaled
horses. The owner awards shall | 14 | | not be paid on races below the $10,000 claiming class. | 15 | | (c) Conditions of races under subsection (b) shall be | 16 | | commensurate
with past performance, quality and class of | 17 | | Illinois conceived and
foaled horses available. If, however, | 18 | | sufficient competition cannot be
had among horses of that class | 19 | | on any day, the races may, with consent
of the Board, be | 20 | | eliminated for that day and substitute races provided.
| 21 | | (d) There is hereby created a special fund of the State | 22 | | Treasury to
be known as the Illinois Standardbred Breeders | 23 | | Fund. Beginning on June 28, 2019 ( the effective date of Public | 24 | | Act 101-31) this amendatory Act of the 101st General Assembly , | 25 | | the Illinois Standardbred Breeders Fund shall become a | 26 | | non-appropriated trust fund held separate and apart from State |
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| 1 | | moneys. Expenditures from this Fund shall no longer be subject | 2 | | to appropriation.
| 3 | | During the calendar year 1981, and each year thereafter, | 4 | | except as provided
in subsection (g) of Section 27 of this Act, | 5 | | eight and one-half
per cent of all the monies received by the | 6 | | State as privilege taxes on
harness racing meetings shall be | 7 | | paid into the Illinois Standardbred
Breeders Fund.
| 8 | | (e) Notwithstanding any provision of law to the contrary, | 9 | | amounts deposited into the Illinois Standardbred Breeders Fund | 10 | | from revenues generated by gaming pursuant to an organization | 11 | | gaming license issued under the Illinois Gambling Act after | 12 | | June 28, 2019 ( the effective date of Public Act 101-31) this | 13 | | amendatory Act of the 101st General Assembly shall be in | 14 | | addition to tax and fee amounts paid under this Section for | 15 | | calendar year 2019 and thereafter. The Illinois Standardbred | 16 | | Breeders Fund shall be administered by
the Department of | 17 | | Agriculture with the assistance and advice of the
Advisory | 18 | | Board created in subsection (f) of this Section.
| 19 | | (f) The Illinois Standardbred Breeders Fund Advisory Board | 20 | | is hereby
created. The Advisory Board shall consist of the | 21 | | Director of the
Department of Agriculture, who shall serve as | 22 | | Chairman; the
Superintendent of the Illinois State Fair; a | 23 | | member of the Illinois
Racing Board, designated by it; a | 24 | | representative of the largest association of Illinois | 25 | | standardbred owners and breeders, recommended by it; a
| 26 | | representative of a statewide association representing |
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| 1 | | agricultural fairs in Illinois,
recommended by it, such | 2 | | representative to be from a fair at which
Illinois conceived | 3 | | and foaled racing is conducted; a representative of
the | 4 | | organization licensees conducting harness racing
meetings, | 5 | | recommended by them; a representative of the Breeder's | 6 | | Committee of the association representing the largest number of | 7 | | standardbred owners, breeders, trainers, caretakers, and | 8 | | drivers, recommended by it;
and a representative of the | 9 | | association representing the largest number of standardbred | 10 | | owners, breeders, trainers, caretakers, and drivers,
| 11 | | recommended by it. Advisory Board members shall serve for 2 | 12 | | years
commencing January 1 of each odd numbered year. If | 13 | | representatives of
the largest association of Illinois | 14 | | standardbred owners and breeders, a statewide association of | 15 | | agricultural fairs in Illinois, the association representing | 16 | | the largest number of standardbred owners, breeders, trainers, | 17 | | caretakers, and drivers, a member of the Breeder's Committee of | 18 | | the association representing the largest number of | 19 | | standardbred owners, breeders, trainers, caretakers, and | 20 | | drivers, and the organization licensees conducting
harness | 21 | | racing meetings
have not been recommended by January 1 of each | 22 | | odd numbered year, the
Director of the Department of | 23 | | Agriculture shall make an appointment for
the organization | 24 | | failing to so recommend a member of the Advisory Board.
| 25 | | Advisory Board members shall receive no compensation for their | 26 | | services
as members but shall be reimbursed for all actual and |
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| 1 | | necessary expenses
and disbursements incurred in the execution | 2 | | of their official duties.
| 3 | | (g) Monies expended
from the Illinois Standardbred | 4 | | Breeders Fund shall be
expended by the Department of | 5 | | Agriculture, with the assistance and
advice of the Illinois | 6 | | Standardbred Breeders Fund Advisory Board for the
following | 7 | | purposes only:
| 8 | | 1. To provide purses for races limited to Illinois | 9 | | conceived and
foaled horses at the State Fair and the | 10 | | DuQuoin State Fair.
| 11 | | 2. To provide purses for races limited to Illinois | 12 | | conceived and
foaled horses at county fairs.
| 13 | | 3. To provide purse supplements for races limited to | 14 | | Illinois
conceived and foaled horses conducted by | 15 | | associations conducting harness
racing meetings.
| 16 | | 4. No less than 75% of all monies in the Illinois | 17 | | Standardbred
Breeders Fund shall be expended for purses in | 18 | | 1, 2 , and 3 as shown above.
| 19 | | 5. In the discretion of the Department of Agriculture | 20 | | to provide
awards to harness breeders of Illinois conceived | 21 | | and foaled horses which
win races conducted by organization | 22 | | licensees
conducting harness racing meetings.
A breeder is | 23 | | the owner of a mare at the time of conception. No more
than | 24 | | 10% of all monies appropriated from the Illinois
| 25 | | Standardbred Breeders Fund shall
be expended for such | 26 | | harness breeders awards. No more than 25% of the
amount |
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| 1 | | expended for harness breeders awards shall be expended for
| 2 | | expenses incurred in the administration of such harness | 3 | | breeders awards.
| 4 | | 6. To pay for the improvement of racing facilities | 5 | | located at the
State Fair and County fairs.
| 6 | | 7. To pay the expenses incurred in the administration | 7 | | of the
Illinois Standardbred Breeders Fund.
| 8 | | 8. To promote the sport of harness racing, including | 9 | | grants up to a
maximum of $7,500 per fair per year for | 10 | | conducting pari-mutuel wagering during the advertised | 11 | | dates of a
county fair.
| 12 | | 9. To pay up to $50,000 annually for the Department of | 13 | | Agriculture to conduct drug testing at county fairs racing | 14 | | standardbred horses. | 15 | | (h) The Illinois Standardbred Breeders Fund is not subject | 16 | | to administrative charges or chargebacks, including, but not | 17 | | limited to, those authorized under Section 8h of the State | 18 | | Finance Act.
| 19 | | (i) A sum equal to 13% of the first prize money of the | 20 | | gross purse
won by an Illinois conceived and foaled horse shall | 21 | | be paid 50% by the
organization licensee conducting the horse | 22 | | race meeting to the breeder
of such winning horse from the | 23 | | organization licensee's account and 50% from the purse account | 24 | | of the licensee.
Such payment
shall not reduce any award to the | 25 | | owner of
the horse or reduce the taxes payable under this Act. | 26 | | Such payment
shall be delivered by the organization licensee at |
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| 1 | | the end of each quarter.
| 2 | | (j) The Department of Agriculture shall, by rule, with the
| 3 | | assistance and advice of the Illinois Standardbred Breeders | 4 | | Fund
Advisory Board:
| 5 | | 1. Qualify stallions for Illinois Standardbred | 6 | | Breeders Fund breeding ; such stallion
shall be owned by a | 7 | | resident of the State of Illinois or by an Illinois
| 8 | | corporation all of whose shareholders, directors, officers | 9 | | and
incorporators are residents of the State of Illinois . | 10 | | Such stallion shall
stand for
service at and within the | 11 | | State of Illinois at the time of a foal's
conception, and | 12 | | such stallion must not stand for service at any place , nor
| 13 | | may semen from such stallion be transported,
outside the | 14 | | State of Illinois during that calendar year in which the
| 15 | | foal is conceived and that the owner of the stallion was | 16 | | for the
12
months prior, a resident of Illinois . However, | 17 | | from January 1, 2018 until January 1, 2022, semen from an | 18 | | Illinois stallion may be transported outside the State of | 19 | | Illinois.
The articles of agreement of any partnership, | 20 | | joint venture, limited
partnership, syndicate, association | 21 | | or corporation and any bylaws and stock
certificates must | 22 | | contain a restriction that provides that the ownership or
| 23 | | transfer of interest by any one of the persons a party to | 24 | | the agreement can
only be made to a person who qualifies as | 25 | | an Illinois resident.
| 26 | | 2. Provide for the registration of Illinois conceived |
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| 1 | | and foaled
horses and no such horse shall compete in the | 2 | | races limited to Illinois
conceived and foaled horses | 3 | | unless registered with the Department of
Agriculture. The | 4 | | Department of Agriculture may prescribe such forms as
may | 5 | | be necessary to determine the eligibility of such horses. | 6 | | No person
shall knowingly prepare or cause preparation of | 7 | | an application for
registration of such foals containing | 8 | | false information.
A mare (dam) must be in the State at | 9 | | least 30 days prior to foaling or
remain in the State at | 10 | | least 30 days at the time of foaling. However, the | 11 | | requirement that a mare (dam) must be in the State at least | 12 | | 30 days before foaling or remain in the State at least 30 | 13 | | days at the time of foaling shall not be in effect from | 14 | | January 1, 2018 until January 1, 2022.
Beginning with the | 15 | | 1996 breeding season and for foals of 1997 and thereafter,
| 16 | | a foal conceived by transported semen may be eligible for | 17 | | Illinois
conceived and foaled registration provided all | 18 | | breeding and foaling
requirements are met. The stallion | 19 | | must be qualified for Illinois Standardbred
Breeders Fund | 20 | | breeding at the time of conception and the mare must be
| 21 | | inseminated within the State of Illinois. The foal must be | 22 | | dropped in Illinois
and properly registered with the | 23 | | Department of Agriculture in accordance with
this Act. | 24 | | However, from January 1, 2018 until January 1, 2022, the | 25 | | requirement for a mare to be inseminated within the State | 26 | | of Illinois and the requirement for a foal to be dropped in |
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| 1 | | Illinois are inapplicable.
| 2 | | 3. Provide that at least a 5-day racing program shall | 3 | | be conducted
at the State Fair each year, unless an | 4 | | alternate racing program is requested by the Illinois | 5 | | Standardbred Breeders Fund Advisory Board, which program | 6 | | shall include at least the
following races limited to | 7 | | Illinois conceived and foaled horses: (a) a 2-year-old
two | 8 | | year old Trot and Pace, and Filly Division of each; (b) a | 9 | | 3-year-old three
year old Trot and Pace, and Filly Division | 10 | | of each; (c) an aged Trot and Pace,
and Mare Division of | 11 | | each.
| 12 | | 4. Provide for the payment of nominating, sustaining | 13 | | and starting
fees for races promoting the sport of harness | 14 | | racing and for the races
to be conducted at the State Fair | 15 | | as provided in
subsection (j) 3 of this Section provided | 16 | | that the nominating,
sustaining and starting payment | 17 | | required from an entrant shall not
exceed 2% of the purse | 18 | | of such race. All nominating, sustaining and
starting | 19 | | payments shall be held for the benefit of entrants and | 20 | | shall be
paid out as part of the respective purses for such | 21 | | races.
Nominating, sustaining and starting fees shall be | 22 | | held in trust accounts
for the purposes as set forth in | 23 | | this Act and in accordance with Section
205-15 of the | 24 | | Department of Agriculture Law.
| 25 | | 5. Provide for the registration with the Department of | 26 | | Agriculture
of Colt Associations or county fairs desiring |
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| 1 | | to sponsor races at county
fairs.
| 2 | | 6. Provide for the promotion of producing standardbred | 3 | | racehorses by providing a bonus award program for owners of | 4 | | 2-year-old horses that win multiple major stakes races that | 5 | | are limited to Illinois conceived and foaled horses. | 6 | | (k) The Department of Agriculture, with the advice and | 7 | | assistance of the
Illinois
Standardbred Breeders Fund Advisory | 8 | | Board, may allocate monies for purse
supplements for such | 9 | | races. In determining whether to allocate money and
the amount, | 10 | | the Department
of Agriculture shall consider factors, | 11 | | including , but not limited to, the
amount of money appropriated | 12 | | for the Illinois Standardbred Breeders Fund
program, the number | 13 | | of races that may occur, and an organization
licensee's purse | 14 | | structure. The organization licensee shall notify the
| 15 | | Department of Agriculture of the conditions and minimum purses | 16 | | for races
limited to Illinois conceived and foaled horses to be | 17 | | conducted by each organization
licensee conducting a harness | 18 | | racing meeting for which purse
supplements have been | 19 | | negotiated.
| 20 | | (l) All races held at county fairs and the State Fair which | 21 | | receive funds
from the Illinois Standardbred Breeders Fund | 22 | | shall be conducted in
accordance with the rules of the United | 23 | | States Trotting Association unless
otherwise modified by the | 24 | | Department of Agriculture.
| 25 | | (m) At all standardbred race meetings held or conducted | 26 | | under authority of a
license granted by the Board, and at all |
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| 1 | | standardbred races held at county
fairs which are approved by | 2 | | the Department of Agriculture or at the
Illinois or DuQuoin | 3 | | State Fairs, no one shall jog, train, warm up or drive
a | 4 | | standardbred horse unless he or she is wearing a protective | 5 | | safety helmet,
with the
chin strap fastened and in place, which | 6 | | meets the standards and
requirements as set forth in the 1984 | 7 | | Standard for Protective Headgear for
Use in Harness Racing and | 8 | | Other Equestrian Sports published by the Snell
Memorial | 9 | | Foundation, or any standards and requirements for headgear the
| 10 | | Illinois Racing Board may approve. Any other standards and | 11 | | requirements so
approved by the Board shall equal or exceed | 12 | | those published by the Snell
Memorial Foundation. Any | 13 | | equestrian helmet bearing the Snell label shall
be deemed to | 14 | | have met those standards and requirements.
| 15 | | (Source: P.A. 100-777, eff. 8-10-18; 101-31, eff. 6-28-19; | 16 | | 101-157, eff. 7-26-19; revised 9-27-19.)
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