093_HB1225

 
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 1        AN ACT in relation to horse racing.

 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
 5    amended by changing Section 31 as follows:

 6        (230 ILCS 5/31) (from Ch. 8, par. 37-31)
 7        Sec. 31.  Illinois Standardbred Breeders Fund.
 8        (a)  The General Assembly declares that it is the  policy
 9    of  this  State  to  encourage  the  breeding of standardbred
10    horses in this State and the  ownership  of  such  horses  by
11    residents  of  this State in order to provide for: sufficient
12    numbers of high quality standardbred horses to participate in
13    harness racing meetings in this State, and to  establish  and
14    preserve  the  agricultural  and  commercial benefits of such
15    breeding and racing industries to the State of Illinois.   It
16    is  the intent of the General Assembly to further this policy
17    by the provisions of this Section of this Act.
18        (b)  Each  organization  licensee  conducting  a  harness
19    racing meeting pursuant to this  Act  shall  provide  for  at
20    least  two  races  each  race  program  limited  to  Illinois
21    conceived  and  foaled horses.  A minimum of 6 races shall be
22    conducted each week limited to Illinois conceived and  foaled
23    horses.   No horses shall be permitted to start in such races
24    unless duly registered under the rules of the  Department  of
25    Agriculture.
26        (c)  Conditions  of  races  under subsection (b) shall be
27    commensurate with past  performance,  quality  and  class  of
28    Illinois conceived and foaled horses available.  If, however,
29    sufficient  competition  cannot  be  had among horses of that
30    class on any day, the races may, with consent of  the  Board,
31    be eliminated for that day and substitute races provided.
 
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 1        (d)  There  is hereby created a special fund of the State
 2    Treasury to be known as the  Illinois  Standardbred  Breeders
 3    Fund.
 4        During  the calendar year 1981, and each year thereafter,
 5    except as provided in subsection (g) of Section  27  of  this
 6    Act,  eight  and one-half per cent of all the monies received
 7    by the State as privilege taxes on  harness  racing  meetings
 8    shall be paid into the Illinois Standardbred Breeders Fund.
 9        (e)  The  Illinois  Standardbred  Breeders  Fund shall be
10    administered  by  the  Department  of  Agriculture  with  the
11    assistance and  advice  of  the  Advisory  Board  created  in
12    subsection (f) of this Section.
13        (f)  The  Illinois  Standardbred  Breeders  Fund Advisory
14    Board is hereby created.  The Advisory Board shall consist of
15    the Director of the  Department  of  Agriculture,  who  shall
16    serve  as  Chairman; the Superintendent of the Illinois State
17    Fair; a member of the Illinois Racing  Board,  designated  by
18    it;  a representative of the Illinois Standardbred Owners and
19    Breeders Association, recommended by it; a representative  of
20    the  Illinois  Association of Agricultural Fairs, recommended
21    by it, such  representative  to  be  from  a  fair  at  which
22    Illinois   conceived   and  foaled  racing  is  conducted;  a
23    representative  of  the  organization  licensees   conducting
24    harness   racing   meetings,   recommended   by  them  and  a
25    representative   of   the   Illinois    Harness    Horsemen's
26    Association, recommended by it.  Advisory Board members shall
27    serve  for 2 years commencing January 1, of each odd numbered
28    year.  If representatives of the Illinois Standardbred Owners
29    and  Breeders  Associations,  the  Illinois  Association   of
30    Agricultural   Fairs,   the   Illinois   Harness   Horsemen's
31    Association,   and   the  organization  licensees  conducting
32    harness racing meetings have not been recommended by  January
33    1,  of each odd numbered year, the Director of the Department
34    of Agriculture shall make an appointment for the organization
 
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 1    failing to so recommend  a  member  of  the  Advisory  Board.
 2    Advisory  Board  members  shall  receive  no compensation for
 3    their services as members but shall  be  reimbursed  for  all
 4    actual  and  necessary expenses and disbursements incurred in
 5    the execution of their official duties.
 6        (g)  No  monies  shall  be  expended  from  the  Illinois
 7    Standardbred Breeders Fund  except  as  appropriated  by  the
 8    General  Assembly.   Monies  appropriated  from  the Illinois
 9    Standardbred  Breeders  Fund  shall  be   expended   by   the
10    Department  of Agriculture, with the assistance and advice of
11    the Illinois Standardbred Breeders Fund  Advisory  Board  for
12    the following purposes only:
13             1.  To  provide purses for races limited to Illinois
14        conceived and foaled horses at the State Fair.
15             2.  To provide purses for races limited to  Illinois
16        conceived and foaled horses at county fairs.
17             3.  To  provide  purse supplements for races limited
18        to Illinois conceived  and  foaled  horses  conducted  by
19        associations conducting harness racing meetings.
20             4.  No  less  than 75% of all monies in the Illinois
21        Standardbred Breeders Fund shall be expended  for  purses
22        in 1, 2 and 3 as shown above.
23             5.  In   the   discretion   of   the  Department  of
24        Agriculture to provide  awards  to  harness  breeders  of
25        Illinois  conceived  and  foaled  horses  which win races
26        conducted by organization  licensees  conducting  harness
27        racing  meetings. A breeder is the owner of a mare at the
28        time of conception.  No  more  than  10%  of  all  monies
29        appropriated from the Illinois Standardbred Breeders Fund
30        shall  be  expended for such harness breeders awards.  No
31        more than 25% of the amount expended for harness breeders
32        awards shall be expended for  expenses  incurred  in  the
33        administration of such harness breeders awards.
34             6.  To  pay for the improvement of racing facilities
 
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 1        located at the State Fair and County fairs.
 2             7.  To   pay   the   expenses   incurred   in    the
 3        administration  of  the  Illinois  Standardbred  Breeders
 4        Fund.
 5             8.  To promote the sport of harness racing.
 6        (h)  Whenever  the  Governor finds that the amount in the
 7    Illinois Standardbred Breeders Fund is more than the total of
 8    the outstanding appropriations from such fund,  the  Governor
 9    shall notify the State Comptroller and the State Treasurer of
10    such  fact.  The  Comptroller  and the  State Treasurer, upon
11    receipt of such  notification,  shall  transfer  such  excess
12    amount  from  the  Illinois Standardbred Breeders Fund to the
13    General Revenue Fund.
14        (i)  A sum equal to 12 1/2% of the first prize  money  of
15    every  purse  won  by  an Illinois conceived and foaled horse
16    shall be paid by the  organization  licensee  conducting  the
17    horse  race meeting to the breeder of such winning horse from
18    the organization licensee's share of the money wagered.  Such
19    payment  shall not reduce any award to the owner of the horse
20    or reduce the taxes payable under  this  Act.   Such  payment
21    shall be delivered by the organization licensee at the end of
22    each race meeting.
23        (j)  The  Department  of Agriculture shall, by rule, with
24    the  assistance  and  advice  of  the  Illinois  Standardbred
25    Breeders Fund Advisory Board:
26        1.  Qualify stallions for Illinois Standardbred  Breeders
27    Fund  breeding; such stallion shall be owned by a resident of
28    the State of Illinois or by an Illinois  corporation  all  of
29    whose shareholders, directors, officers and incorporators are
30    residents  of  the  State  of  Illinois.  Such stallion shall
31    stand for service at and within the State of Illinois at  the
32    time of a foal's conception, and such stallion must not stand
33    for service at any place, nor may semen from such stallion be
34    transported,  outside  the  State  of  Illinois  during  that
 
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 1    calendar  year  in  which  the foal is conceived and that the
 2    owner of the stallion was for the 12 months prior, a resident
 3    of Illinois. The articles of agreement  of  any  partnership,
 4    joint venture, limited partnership, syndicate, association or
 5    corporation  and  any  bylaws  and  stock  certificates  must
 6    contain  a  restriction  that  provides that the ownership or
 7    transfer of interest by any one of the persons a party to the
 8    agreement can only be made to a person who  qualifies  as  an
 9    Illinois resident.
10        2.  Provide  for  the  registration of Illinois conceived
11    and foaled horses and no such  horse  shall  compete  in  the
12    races  limited to Illinois conceived and foaled horses unless
13    registered  with  the   Department   of   Agriculture.    The
14    Department  of Agriculture may prescribe such forms as may be
15    necessary to determine the eligibility  of  such  horses.  No
16    person  shall  knowingly  prepare  or cause preparation of an
17    application for registration of such foals  containing  false
18    information.  A  mare  (dam) must be in the state at least 30
19    days prior to foaling or remain in the State at least 30 days
20    at the time of foaling.  Beginning  with  the  1996  breeding
21    season and for foals of 1997 and thereafter, a foal conceived
22    by  transported  fresh  semen  may  be  eligible for Illinois
23    conceived and foaled registration provided all  breeding  and
24    foaling requirements are met.  The stallion must be qualified
25    for  Illinois Standardbred Breeders Fund breeding at the time
26    of conception and the mare must  be  inseminated  within  the
27    State  of Illinois.  The foal must be dropped in Illinois and
28    properly registered with the  Department  of  Agriculture  in
29    accordance with this Act.
30        3.  Provide that at least a 5 day racing program shall be
31    conducted  at  the  State Fair each year, which program shall
32    include at least the  following  races  limited  to  Illinois
33    conceived  and  foaled  horses:   (a) a two year old Trot and
34    Pace, and Filly Division of each;  (b) a three year old  Trot
 
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 1    and  Pace,  and Filly Division of each;  (c) an aged Trot and
 2    Pace, and Mare Division of each.
 3        4.  Provide for the payment of nominating, sustaining and
 4    starting fees for races promoting the sport of harness racing
 5    and for the races to  be  conducted  at  the  State  Fair  as
 6    provided  in  subsection  (j) 3 of this Section provided that
 7    the nominating, sustaining and starting payment required from
 8    an entrant shall not exceed 2% of the  purse  of  such  race.
 9    All  nominating,  sustaining  and  starting payments shall be
10    held for the benefit of entrants and shall  be  paid  out  as
11    part  of  the  respective  purses for such races. Nominating,
12    sustaining and starting fees shall be held in trust  accounts
13    for  the  purposes as set forth in this Act and in accordance
14    with Section 205-15 of the Department of Agriculture Law  (20
15    ILCS 205/205-15).
16        5.  Provide  for  the registration with the Department of
17    Agriculture of Colt Associations or county fairs desiring  to
18    sponsor races at county fairs.
19        (k)  The  Department  of Agriculture, with the advice and
20    assistance  of  the  Illinois  Standardbred   Breeders   Fund
21    Advisory Board, may allocate monies for purse supplements for
22    such races.  In determining whether to allocate money and the
23    amount, the Department of Agriculture shall consider factors,
24    including   but   not   limited   to,  the  amount  of  money
25    appropriated for  the  Illinois  Standardbred  Breeders  Fund
26    program,   the  number  of  races  that  may  occur,  and  an
27    organizational    licensee's    purse     structure.      The
28    organizational   licensee  shall  notify  the  Department  of
29    Agriculture of the conditions and minimum  purses  for  races
30    limited  to  Illinois  conceived  and  foaled  horses  to  be
31    conducted   by  each  organizational  licensee  conducting  a
32    harness racing meeting for which purse supplements have  been
33    negotiated.
34        (l)  All  races  held  at county fairs and the State Fair
 
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 1    which receive funds from the Illinois  Standardbred  Breeders
 2    Fund  shall  be conducted in accordance with the rules of the
 3    United States Trotting Association unless otherwise  modified
 4    by the Department of Agriculture.
 5        (m)  At  all standardbred race meetings held or conducted
 6    under authority of a license granted by the Board, and at all
 7    standardbred races held at county fairs which are approved by
 8    the Department of Agriculture or at the Illinois  or  DuQuoin
 9    State  Fairs,  no  one  shall  jog, train, warm up or drive a
10    standardbred horse unless he or she is wearing  a  protective
11    safety  helmet,  with  the  chin strap fastened and in place,
12    which meets the standards and requirements as  set  forth  in
13    the  1984 Standard for Protective Headgear for Use in Harness
14    Racing and Other Equestrian Sports  published  by  the  Snell
15    Memorial  Foundation,  or  any standards and requirements for
16    headgear the Illinois Racing Board may  approve.   Any  other
17    standards  and  requirements  so  approved by the Board shall
18    equal  or  exceed  those  published  by  the  Snell  Memorial
19    Foundation.  Any equestrian helmet bearing  the  Snell  label
20    shall be deemed to have met those standards and requirements.
21    (Source: P.A. 91-239, eff. 1-1-00.)