Full Text of SB3097 100th General Assembly
SB3097sam001 100TH GENERAL ASSEMBLY | Sen. Jil Tracy Filed: 3/12/2018
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| 1 | | AMENDMENT TO SENATE BILL 3097
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3097 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Horse Racing Act of 1975 is | 5 | | amended by changing Sections 31 and 33.1 and by adding Section | 6 | | 3.31 as follows: | 7 | | (230 ILCS 5/3.31 new) | 8 | | Sec. 3.31. Illinois conceived and foaled. Notwithstanding | 9 | | any provision of this Act to the contrary, from January 1, 2018 | 10 | | until January 1, 2022, "Illinois conceived and foaled", as the | 11 | | term applies to a standardbred, includes a standardbred horse | 12 | | whose sire is a qualified Illinois stallion.
| 13 | | (230 ILCS 5/31) (from Ch. 8, par. 37-31)
| 14 | | Sec. 31.
(a) The General Assembly declares that it is the | 15 | | policy of
this State to encourage the breeding of standardbred |
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| 1 | | horses in this
State and the ownership of such horses by | 2 | | residents of this State in
order to provide for: sufficient | 3 | | numbers of high quality standardbred
horses to participate in | 4 | | harness racing meetings in this State, and to
establish and | 5 | | preserve the agricultural and commercial benefits of such
| 6 | | breeding and racing industries to the State of Illinois. It is | 7 | | the
intent of the General Assembly to further this policy by | 8 | | the provisions
of this Section of this Act.
| 9 | | (b) Each organization licensee conducting a harness
racing | 10 | | meeting pursuant to this Act shall provide for at least two | 11 | | races each
race program limited to
Illinois conceived and | 12 | | foaled horses. A minimum of 6 races shall be
conducted each | 13 | | week limited to Illinois conceived and foaled horses. No
horses | 14 | | shall be permitted to start in such races unless duly | 15 | | registered
under the rules of the Department of Agriculture.
| 16 | | (c) Conditions of races under subsection (b) shall be | 17 | | commensurate
with past performance, quality and class of | 18 | | Illinois conceived and
foaled horses available. If, however, | 19 | | sufficient competition cannot be
had among horses of that class | 20 | | on any day, the races may, with consent
of the Board, be | 21 | | eliminated for that day and substitute races provided.
| 22 | | (d) There is hereby created a special fund of the State | 23 | | Treasury to
be known as the Illinois Standardbred Breeders | 24 | | Fund.
| 25 | | During the calendar year 1981, and each year thereafter, | 26 | | except as provided
in subsection (g) of Section 27 of this Act, |
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| 1 | | eight and one-half
per cent of all the monies received by the | 2 | | State as privilege taxes on
harness racing meetings shall be | 3 | | paid into the Illinois Standardbred
Breeders Fund.
| 4 | | (e) The Illinois Standardbred Breeders Fund shall be | 5 | | administered by
the Department of Agriculture with the | 6 | | assistance and advice of the
Advisory Board created in | 7 | | subsection (f) of this Section.
| 8 | | (f) The Illinois Standardbred Breeders Fund Advisory Board | 9 | | is hereby
created. The Advisory Board shall consist of the | 10 | | Director of the
Department of Agriculture, who shall serve as | 11 | | Chairman; the
Superintendent of the Illinois State Fair; a | 12 | | member of the Illinois
Racing Board, designated by it; a | 13 | | representative of the largest association of Illinois | 14 | | standardbred owners and breeders, recommended by it; a
| 15 | | representative of a statewide association representing | 16 | | agricultural fairs in Illinois,
recommended by it, such | 17 | | representative to be from a fair at which
Illinois conceived | 18 | | and foaled racing is conducted; a representative of
the | 19 | | organization licensees conducting harness racing
meetings, | 20 | | recommended by them; a representative of the Breeder's | 21 | | Committee of the association representing the largest number of | 22 | | standardbred owners, breeders, trainers, caretakers, and | 23 | | drivers, recommended by it;
and a representative of the | 24 | | association representing the largest number of standardbred | 25 | | owners, breeders, trainers, caretakers, and drivers,
| 26 | | recommended by it. Advisory Board members shall serve for 2 |
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| 1 | | years
commencing January 1 of each odd numbered year. If | 2 | | representatives of
the largest association of Illinois | 3 | | standardbred owners and breeders, a statewide association of | 4 | | agricultural fairs in Illinois, the association representing | 5 | | the largest number of standardbred owners, breeders, trainers, | 6 | | caretakers, and drivers, a member of the Breeder's Committee of | 7 | | the association representing the largest number of | 8 | | standardbred owners, breeders, trainers, caretakers, and | 9 | | drivers, and the organization licensees conducting
harness | 10 | | racing meetings
have not been recommended by January 1 of each | 11 | | odd numbered year, the
Director of the Department of | 12 | | Agriculture shall make an appointment for
the organization | 13 | | failing to so recommend a member of the Advisory Board.
| 14 | | Advisory Board members shall receive no compensation for their | 15 | | services
as members but shall be reimbursed for all actual and | 16 | | necessary expenses
and disbursements incurred in the execution | 17 | | of their official duties.
| 18 | | (g) No monies shall be expended from the Illinois | 19 | | Standardbred
Breeders Fund except as appropriated by the | 20 | | General Assembly. Monies
appropriated from the Illinois | 21 | | Standardbred Breeders Fund shall be
expended by the Department | 22 | | of Agriculture, with the assistance and
advice of the Illinois | 23 | | Standardbred Breeders Fund Advisory Board for the
following | 24 | | purposes only:
| 25 | | 1. To provide purses for races limited to Illinois | 26 | | conceived and
foaled horses at the State Fair.
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| 1 | | 2. To provide purses for races limited to Illinois | 2 | | conceived and
foaled horses at county fairs.
| 3 | | 3. To provide purse supplements for races limited to | 4 | | Illinois
conceived and foaled horses conducted by | 5 | | associations conducting harness
racing meetings.
| 6 | | 4. No less than 75% of all monies in the Illinois | 7 | | Standardbred
Breeders Fund shall be expended for purses in | 8 | | 1, 2 and 3 as shown above.
| 9 | | 5. In the discretion of the Department of Agriculture | 10 | | to provide
awards to harness breeders of Illinois conceived | 11 | | and foaled horses which
win races conducted by organization | 12 | | licensees
conducting harness racing meetings.
A breeder is | 13 | | the owner of a mare at the time of conception. No more
than | 14 | | 10% of all monies appropriated from the Illinois
| 15 | | Standardbred Breeders Fund shall
be expended for such | 16 | | harness breeders awards. No more than 25% of the
amount | 17 | | expended for harness breeders awards shall be expended for
| 18 | | expenses incurred in the administration of such harness | 19 | | breeders awards.
| 20 | | 6. To pay for the improvement of racing facilities | 21 | | located at the
State Fair and County fairs.
| 22 | | 7. To pay the expenses incurred in the administration | 23 | | of the
Illinois Standardbred Breeders Fund.
| 24 | | 8. To promote the sport of harness racing.
| 25 | | (h) Whenever the Governor finds that the amount in the | 26 | | Illinois
Standardbred Breeders Fund is more than the total of |
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| 1 | | the outstanding
appropriations from such fund, the Governor | 2 | | shall notify the State
Comptroller and the State Treasurer of | 3 | | such fact. The Comptroller and
the State Treasurer, upon | 4 | | receipt of such notification, shall transfer
such excess amount | 5 | | from the Illinois Standardbred Breeders Fund to the
General | 6 | | Revenue Fund.
| 7 | | (i) A sum equal to 12 1/2% of the first prize money of | 8 | | every purse
won by an Illinois conceived and foaled horse shall | 9 | | be paid by the
organization licensee conducting the horse race | 10 | | meeting to the breeder
of such winning horse from the | 11 | | organization licensee's share of the
money wagered.
Such | 12 | | payment
shall not reduce any award to the owner of
the horse or | 13 | | reduce the taxes payable under this Act. Such payment
shall be | 14 | | delivered by the organization licensee at the end of each race
| 15 | | meeting.
| 16 | | (j) The Department of Agriculture shall, by rule, with the
| 17 | | assistance and advice of the Illinois Standardbred Breeders | 18 | | Fund
Advisory Board:
| 19 | | 1. Qualify stallions for Illinois Standardbred | 20 | | Breeders Fund breeding; such stallion
shall be owned by a | 21 | | resident of the State of Illinois or by an Illinois
| 22 | | corporation all of whose shareholders, directors, officers | 23 | | and
incorporators are residents of the State of Illinois. | 24 | | Such stallion shall
stand for
service at and within the | 25 | | State of Illinois at the time of a foal's
conception, and | 26 | | such stallion must not stand for service at any place, nor
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| 1 | | may semen from such stallion be transported,
outside the | 2 | | State of Illinois during that calendar year in which the
| 3 | | foal is conceived and that the owner of the stallion was | 4 | | for the
12
months prior, a resident of Illinois. However, | 5 | | from January 1, 2018 until January 1, 2022, semen from an | 6 | | Illinois stallion may be transported outside the State of | 7 | | Illinois.
The articles of agreement of any partnership, | 8 | | joint venture, limited
partnership, syndicate, association | 9 | | or corporation and any bylaws and stock
certificates must | 10 | | contain a restriction that provides that the ownership or
| 11 | | transfer of interest by any one of the persons a party to | 12 | | the agreement can
only be made to a person who qualifies as | 13 | | an Illinois resident.
| 14 | | 2. Provide for the registration of Illinois conceived | 15 | | and foaled
horses and no such horse shall compete in the | 16 | | races limited to Illinois
conceived and foaled horses | 17 | | unless registered with the Department of
Agriculture. The | 18 | | Department of Agriculture may prescribe such forms as
may | 19 | | be necessary to determine the eligibility of such horses. | 20 | | No person
shall knowingly prepare or cause preparation of | 21 | | an application for
registration of such foals containing | 22 | | false information.
A mare (dam) must be in the State state | 23 | | at least 30 days prior to foaling or
remain in the State at | 24 | | least 30 days at the time of foaling. However, the | 25 | | requirement that a mare (dam) must be in the State at least | 26 | | 30 days before foaling or remain in the State at least 30 |
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| 1 | | days at the time of foaling shall not be in effect from | 2 | | January 1, 2018 until January 1, 2022.
Beginning with the | 3 | | 1996 breeding season and for foals of 1997 and thereafter,
| 4 | | a foal conceived by transported fresh semen may be eligible | 5 | | for Illinois
conceived and foaled registration provided | 6 | | all breeding and foaling
requirements are met. The stallion | 7 | | must be qualified for Illinois Standardbred
Breeders Fund | 8 | | breeding at the time of conception and the mare must be
| 9 | | inseminated within the State of Illinois. The foal must be | 10 | | dropped in Illinois
and properly registered with the | 11 | | Department of Agriculture in accordance with
this Act. | 12 | | However, from January 1, 2018 until January 1, 2022, the | 13 | | requirement for a mare to be inseminated within the State | 14 | | of Illinois and the requirement for a foal to be dropped in | 15 | | Illinois are inapplicable.
| 16 | | 3. Provide that at least a 5 day racing program shall | 17 | | be conducted
at the State Fair each year, which program | 18 | | shall include at least the
following races limited to | 19 | | Illinois conceived and foaled horses: (a) a
two year old | 20 | | Trot and Pace, and Filly Division of each; (b) a three
year | 21 | | old Trot and Pace, and Filly Division of each; (c) an aged | 22 | | Trot and Pace,
and Mare Division of each.
| 23 | | 4. Provide for the payment of nominating, sustaining | 24 | | and starting
fees for races promoting the sport of harness | 25 | | racing and for the races
to be conducted at the State Fair | 26 | | as provided in
subsection (j) 3 of this Section provided |
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| 1 | | that the nominating,
sustaining and starting payment | 2 | | required from an entrant shall not
exceed 2% of the purse | 3 | | of such race. All nominating, sustaining and
starting | 4 | | payments shall be held for the benefit of entrants and | 5 | | shall be
paid out as part of the respective purses for such | 6 | | races.
Nominating, sustaining and starting fees shall be | 7 | | held in trust accounts
for the purposes as set forth in | 8 | | this Act and in accordance with Section
205-15 of the | 9 | | Department of Agriculture Law (20 ILCS
205/205-15).
| 10 | | 5. Provide for the registration with the Department of | 11 | | Agriculture
of Colt Associations or county fairs desiring | 12 | | to sponsor races at county
fairs.
| 13 | | (k) The Department of Agriculture, with the advice and | 14 | | assistance of the
Illinois
Standardbred Breeders Fund Advisory | 15 | | Board, may allocate monies for purse
supplements for such | 16 | | races. In determining whether to allocate money and
the amount, | 17 | | the Department
of Agriculture shall consider factors, | 18 | | including but not limited to, the
amount of money appropriated | 19 | | for the Illinois Standardbred Breeders Fund
program, the number | 20 | | of races that may occur, and an organizational
licensee's purse | 21 | | structure. The organizational licensee shall notify the
| 22 | | Department of Agriculture of the conditions and minimum purses | 23 | | for races
limited to Illinois conceived and foaled horses to be | 24 | | conducted by each
organizational licensee conducting a harness | 25 | | racing meeting for which purse
supplements have been | 26 | | negotiated.
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| 1 | | (l) All races held at county fairs and the State Fair which | 2 | | receive funds
from the Illinois Standardbred Breeders Fund | 3 | | shall be conducted in
accordance with the rules of the United | 4 | | States Trotting Association unless
otherwise modified by the | 5 | | Department of Agriculture.
| 6 | | (m) At all standardbred race meetings held or conducted | 7 | | under authority of a
license granted by the Board, and at all | 8 | | standardbred races held at county
fairs which are approved by | 9 | | the Department of Agriculture or at the
Illinois or DuQuoin | 10 | | State Fairs, no one shall jog, train, warm up or drive
a | 11 | | standardbred horse unless he or she is wearing a protective | 12 | | safety helmet,
with the
chin strap fastened and in place, which | 13 | | meets the standards and
requirements as set forth in the 1984 | 14 | | Standard for Protective Headgear for
Use in Harness Racing and | 15 | | Other Equestrian Sports published by the Snell
Memorial | 16 | | Foundation, or any standards and requirements for headgear the
| 17 | | Illinois Racing Board may approve. Any other standards and | 18 | | requirements so
approved by the Board shall equal or exceed | 19 | | those published by the Snell
Memorial Foundation. Any | 20 | | equestrian helmet bearing the Snell label shall
be deemed to | 21 | | have met those standards and requirements.
| 22 | | (Source: P.A. 99-756, eff. 8-12-16.)
| 23 | | (230 ILCS 5/33.1) (from Ch. 8, par. 37-33.1)
| 24 | | Sec. 33.1.
(a) The Department of Agriculture shall be | 25 | | responsible for
investigating and determining the eligibility |
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| 1 | | of mares and Illinois conceived
and foaled horses and Illinois | 2 | | foaled horses to participate in
Illinois conceived and foaled | 3 | | and Illinois foaled races. The Department
of Agriculture shall | 4 | | also qualify stallions to participate in the Illinois
| 5 | | Standardbred and Thoroughbred programs.
| 6 | | (b) The Director of the Department of Agriculture or his | 7 | | authorized agent
is authorized to conduct hearings, administer | 8 | | oaths, and issue subpoenas
to carry out his responsibilities | 9 | | concerning the Illinois Standardbred and
Thoroughbred programs | 10 | | as set forth in Sections 30 and 31.
| 11 | | (c) The Director of the Department of Agriculture or his | 12 | | authorized agent
shall, after a hearing, affirm or deny the | 13 | | qualification of a stallion for
the Illinois Standardbred or | 14 | | Thoroughbred program. The decision of the
Director of the | 15 | | Department of Agriculture or his authorized agent shall
be | 16 | | subject to judicial review under the Administrative Review Law. | 17 | | The
term "administrative decision" shall have the meaning | 18 | | ascribed to it in
Section 3-101 of the Administrative Review | 19 | | Law.
| 20 | | (d) If the determination is made that a standardbred | 21 | | stallion is not
owned by a resident
of the State of Illinois or | 22 | | that a transfer of ownership is a subterfuge to
qualify a | 23 | | standardbred stallion under the Act,
or that a standardbred | 24 | | stallion owner, manager, or person associated with
him or her | 25 | | has knowingly participated in the arrangements for | 26 | | transporting
semen from a
standardbred stallion registered |
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| 1 | | under this Act out-of-state,
the Director of the Department of | 2 | | Agriculture
or his authorized agent shall immediately publish | 3 | | notice of such fact in
publications devoted to news concerning | 4 | | standardbred
horses,
announcing the disqualification of such | 5 | | stallion or his foals. From January 1, 2018 until January 1, | 6 | | 2022, the Director of Agriculture or his or her authorized | 7 | | agent shall not publish notice announcing the disqualification | 8 | | of such stallion or his foals on the basis that a stallion | 9 | | owner, manager, or person associated with him or her has | 10 | | knowingly participated in the arrangements for transporting | 11 | | semen from a standardbred stallion registered under this Act | 12 | | out of State. If any
person owning any stallion, mare or foal | 13 | | is found by the Director of the
Department of Agriculture or | 14 | | his authorized agent to have willfully violated
any provision | 15 | | of this Act or to have made any false statements concerning
| 16 | | such person's stallion, mare or foal, then no animal owned by | 17 | | such person is
eligible to participate in any events conducted | 18 | | pursuant to Sections 30 and 31.
| 19 | | (e) Any person who is served with a subpoena, issued by the | 20 | | Director of
the Department of Agriculture or his authorized | 21 | | agent, to appear and testify
or to produce documents and who | 22 | | refuses or neglects to testify or produce
documents relevant to | 23 | | the investigation, as directed in the subpoenas, may
be | 24 | | punished as provided in this Section.
| 25 | | (f) Any circuit court of this State, upon petition by the | 26 | | Director of the
Department of Agriculture or his authorized |
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| 1 | | agent, may compel the attendance
of witnesses, the production | 2 | | of documents and giving the testimony required
by this Section | 3 | | in the same manner as the production of evidence may be
| 4 | | compelled in any other judicial proceeding before such court. | 5 | | Any person
who willfully swears or affirms falsely in any | 6 | | proceeding conducted pursuant
to this Section is guilty of | 7 | | perjury.
| 8 | | (g) The fees of witnesses for attendance and travel in the | 9 | | course of any
investigation shall be the same as the fees of | 10 | | witnesses before the circuit
courts of this State.
| 11 | | (h) The Department shall have authority to promulgate rules | 12 | | and regulations
for the enforcement of Sections 30, 31 and 33.1 | 13 | | of this Act. Conditions
and purses shall not be subject to | 14 | | Section 5-40 of the Illinois Administrative
Procedure Act but | 15 | | shall be set and published from time to time.
| 16 | | (Source: P.A. 88-45; 89-16, eff. 5-30-95.)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.".
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