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90_HB1482
230 ILCS 5/31 from Ch. 8, par. 37-31
Amends the Illinois Horse Racing Act of 1975. Increases
from 6 to 15 the number of races limited to Illinois
conceived and foaled horses an organization licensee
conducting a harness race meeting shall conduct each week.
LRB9004343LDdv
LRB9004343LDdv
1 AN ACT to amend the Illinois Horse Racing Act of 1975 by
2 changing Section 31.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Horse Racing Act of 1975 is
6 amended by changing Section 31 as follows:
7 (230 ILCS 5/31) (from Ch. 8, par. 37-31)
8 Sec. 31. (a) The General Assembly declares that it is
9 the policy of this State to encourage the breeding of
10 standardbred horses in this State and the ownership of such
11 horses by residents of this State in order to provide for:
12 sufficient numbers of high quality standardbred horses to
13 participate in harness racing meetings in this State, and to
14 establish and preserve the agricultural and commercial
15 benefits of such breeding and racing industries to the State
16 of Illinois. It is the intent of the General Assembly to
17 further this policy by the provisions of this Section of this
18 Act.
19 (b) Each organization licensee conducting a harness
20 racing meeting pursuant to this Act shall provide for at
21 least 2 two races each race program limited to Illinois
22 conceived and foaled horses. A minimum of 15 6 races shall
23 be conducted each week limited to Illinois conceived and
24 foaled horses. No horses shall be permitted to start in such
25 races unless duly registered under the rules of the
26 Department of Agriculture.
27 (c) Conditions of races under subsection (b) shall be
28 commensurate with past performance, quality and class of
29 Illinois conceived and foaled horses available. If, however,
30 sufficient competition cannot be had among horses of that
31 class on any day, the races may, with consent of the Board,
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1 be eliminated for that day and substitute races provided.
2 (d) There is hereby created a special fund of the State
3 Treasury to be known as the Illinois Standardbred Breeders
4 Fund.
5 During the calendar year 1981, and each year thereafter,
6 except as provided in subsection (g) of Section 27 of this
7 Act, eight and one-half per cent of all the monies received
8 by the State as privilege taxes on harness racing meetings
9 shall be paid into the Illinois Standardbred Breeders Fund.
10 (e) The Illinois Standardbred Breeders Fund shall be
11 administered by the Department of Agriculture with the
12 assistance and advice of the Advisory Board created in
13 subsection (f) of this Section.
14 (f) The Illinois Standardbred Breeders Fund Advisory
15 Board is hereby created. The Advisory Board shall consist of
16 the Director of the Department of Agriculture, who shall
17 serve as Chairman; the Superintendent of the Illinois State
18 Fair; a member of the Illinois Racing Board, designated by
19 it; a representative of the Illinois Standardbred Owners and
20 Breeders Association, recommended by it; a representative of
21 the Illinois Association of Agricultural Fairs, recommended
22 by it, such representative to be from a fair at which
23 Illinois conceived and foaled racing is conducted; a
24 representative of the organization licensees conducting
25 harness racing meetings, recommended by them and a
26 representative of the Illinois Harness Horsemen's
27 Association, recommended by it. Advisory Board members shall
28 serve for 2 years commencing January 1, of each odd numbered
29 year. If representatives of the Illinois Standardbred Owners
30 and Breeders Associations, the Illinois Association of
31 Agricultural Fairs, the Illinois Harness Horsemen's
32 Association, and the organization licensees conducting
33 harness racing meetings have not been recommended by January
34 1, of each odd numbered year, the Director of the Department
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1 of Agriculture shall make an appointment for the organization
2 failing to so recommend a member of the Advisory Board.
3 Advisory Board members shall receive no compensation for
4 their services as members but shall be reimbursed for all
5 actual and necessary expenses and disbursements incurred in
6 the execution of their official duties.
7 (g) No monies shall be expended from the Illinois
8 Standardbred Breeders Fund except as appropriated by the
9 General Assembly. Monies appropriated from the Illinois
10 Standardbred Breeders Fund shall be expended by the
11 Department of Agriculture, with the assistance and advice of
12 the Illinois Standardbred Breeders Fund Advisory Board for
13 the following purposes only:
14 1. To provide purses for races limited to Illinois
15 conceived and foaled horses at the State Fair.
16 2. To provide purses for races limited to Illinois
17 conceived and foaled horses at county fairs.
18 3. To provide purse supplements for races limited
19 to Illinois conceived and foaled horses conducted by
20 associations conducting harness racing meetings.
21 4. No less than 75% of all monies in the Illinois
22 Standardbred Breeders Fund shall be expended for purses
23 in 1, 2 and 3 as shown above.
24 5. In the discretion of the Department of
25 Agriculture to provide awards to harness breeders of
26 Illinois conceived and foaled horses which win races
27 conducted by organization licensees conducting harness
28 racing meetings. A breeder is the owner of a mare at the
29 time of conception. No more than 10% of all monies
30 appropriated from the Illinois Standardbred Breeders Fund
31 shall be expended for such harness breeders awards. No
32 more than 25% of the amount expended for harness breeders
33 awards shall be expended for expenses incurred in the
34 administration of such harness breeders awards.
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1 6. To pay for the improvement of racing facilities
2 located at the State Fair and County fairs;
3 7. To pay the expenses incurred in the
4 administration of the Illinois Standardbred Breeders
5 Fund;
6 8. To promote the sport of harness racing.
7 (h) Whenever the Governor finds that the amount in the
8 Illinois Standardbred Breeders Fund is more than the total of
9 the outstanding appropriations from such fund, the Governor
10 shall notify the State Comptroller and the State Treasurer of
11 such fact. The Comptroller and the State Treasurer, upon
12 receipt of such notification, shall transfer such excess
13 amount from the Illinois Standardbred Breeders Fund to the
14 General Revenue Fund.
15 (i) A sum equal to 12 1/2% of the first prize money of
16 every purse won by an Illinois conceived and foaled horse
17 shall be paid by the organization licensee conducting the
18 horse race meeting to the breeder of such winning horse from
19 the organization licensee's share of the money wagered. Such
20 payment shall not reduce any award to the owner of the horse
21 or reduce the taxes payable under this Act. Such payment
22 shall be delivered by the organization licensee at the end of
23 each race meeting.
24 (j) The Department of Agriculture shall, by rule, with
25 the assistance and advice of the Illinois Standardbred
26 Breeders Fund Advisory Board:
27 1. Qualify stallions for Illinois Standardbred Breeders
28 Fund breeding; such stallion shall be owned by a resident of
29 the State of Illinois or by an Illinois corporation all of
30 whose shareholders, directors, officers and incorporators are
31 residents of the State of Illinois. Such stallion shall
32 stand for service at and within the State of Illinois at the
33 time of a foal's conception, and such stallion must not stand
34 for service at any place, nor may semen from such stallion be
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1 transported, outside the State of Illinois during that
2 calendar year in which the foal is conceived and that the
3 owner of the stallion was for the 12 months prior, a resident
4 of Illinois. The articles of agreement of any partnership,
5 joint venture, limited partnership, syndicate, association or
6 corporation and any bylaws and stock certificates must
7 contain a restriction that provides that the ownership or
8 transfer of interest by any one of the persons a party to the
9 agreement can only be made to a person who qualifies as an
10 Illinois resident.
11 2. Provide for the registration of Illinois conceived
12 and foaled horses and no such horse shall compete in the
13 races limited to Illinois conceived and foaled horses unless
14 registered with the Department of Agriculture. The
15 Department of Agriculture may prescribe such forms as may be
16 necessary to determine the eligibility of such horses. No
17 person shall knowingly prepare or cause preparation of an
18 application for registration of such foals containing false
19 information. A mare (dam) must be in the state at least 30
20 days prior to foaling or remain in the State at least 30 days
21 at the time of foaling. Beginning with the 1996 breeding
22 season and for foals of 1997 and thereafter, a foal conceived
23 by transported fresh semen may be eligible for Illinois
24 conceived and foaled registration provided all breeding and
25 foaling requirements are met. The stallion must be qualified
26 for Illinois Standardbred Breeders Fund breeding at the time
27 of conception and the mare must be inseminated within the
28 State of Illinois. The foal must be dropped in Illinois and
29 properly registered with the Department of Agriculture in
30 accordance with this Act.
31 3. Provide that at least a 5 day racing program shall be
32 conducted at the State Fair each year, which program shall
33 include at least the following races limited to Illinois
34 conceived and foaled horses: (a) a two year old Trot and
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1 Pace, and Filly Division of each; (b) a three year old Trot
2 and Pace, and Filly Division of each; (c) an aged Trot and
3 Pace, and Mare Division of each.
4 4. Provide for the payment of nominating, sustaining and
5 starting fees for races promoting the sport of harness racing
6 and for the races to be conducted at the State Fair as
7 provided in subsection (j) 3 of this Section provided that
8 the nominating, sustaining and starting payment required from
9 an entrant shall not exceed 2% of the purse of such race.
10 All nominating, sustaining and starting payments shall be
11 held for the benefit of entrants and shall be paid out as
12 part of the respective purses for such races. Nominating,
13 sustaining and starting fees shall be held in trust accounts
14 for the purposes as set forth in this Act and in accordance
15 with Section 40.7 of "The Civil Administrative Code of
16 Illinois".
17 5. Provide for the registration with the Department of
18 Agriculture of Colt Associations or county fairs desiring to
19 sponsor races at county fairs.
20 (k) The Department of Agriculture, with the advice and
21 assistance of the Illinois Standardbred Breeders Fund
22 Advisory Board, may allocate monies for purse supplements for
23 such races. In determining whether to allocate money and the
24 amount, the Department of Agriculture shall consider factors,
25 including but not limited to, the amount of money
26 appropriated for the Illinois Standardbred Breeders Fund
27 program, the number of races that may occur, and an
28 organizational licensee's purse structure. The
29 organizational licensee shall notify the Department of
30 Agriculture of the conditions and minimum purses for races
31 limited to Illinois conceived and foaled horses to be
32 conducted by each organizational licensee conducting a
33 harness racing meeting for which purse supplements have been
34 negotiated.
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1 (l) All races held at county fairs and the State Fair
2 which receive funds from the Illinois Standardbred Breeders
3 Fund shall be conducted in accordance with the rules of the
4 United States Trotting Association unless otherwise modified
5 by the 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,
13 which meets the standards and requirements as set forth in
14 the 1984 Standard for Protective Headgear for Use in Harness
15 Racing and Other Equestrian Sports published by the Snell
16 Memorial Foundation, or any standards and requirements for
17 headgear the Illinois Racing Board may approve. Any other
18 standards and requirements so approved by the Board shall
19 equal or exceed those published by the Snell Memorial
20 Foundation. Any equestrian helmet bearing the Snell label
21 shall be deemed to have met those standards and requirements.
22 (Source: P.A. 89-16, eff. 5-30-95.)