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91_HB4165eng
HB4165 Engrossed LRB9111831LDprA
1 AN ACT to amend the Illinois Horse Racing Act of 1975 by
2 changing Section 30.
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 30 as follows:
7 (230 ILCS 5/30) (from Ch. 8, par. 37-30)
8 Sec. 30. (a) The General Assembly declares that it is
9 the policy of this State to encourage the breeding of
10 thoroughbred 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 thoroughbred horses to
13 participate in thoroughbred racing meetings in this State,
14 and to 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 Act.
18 (b) Each organization licensee conducting a thoroughbred
19 racing meeting pursuant to this Act shall provide at least
20 two races each day limited to Illinois conceived and foaled
21 horses or Illinois foaled horses or both. A minimum of 6
22 races shall be conducted each week limited to Illinois
23 conceived and foaled or Illinois foaled horses or both. No
24 horses shall be permitted to start in such races unless duly
25 registered under the rules of the Department of 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 and Illinois foaled horses
29 available. If, however, sufficient competition cannot be had
30 among horses of that class on any day, the races may, with
31 consent of the Board, be eliminated for that day and
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1 substitute races provided.
2 (d) There is hereby created a special fund of the State
3 Treasury to be known as the Illinois Thoroughbred Breeders
4 Fund.
5 Except as provided in subsection (g) of Section 27 of
6 this Act, 8.5% of all the monies received by the State as
7 privilege taxes on Thoroughbred racing meetings shall be paid
8 into the Illinois Thoroughbred Breeders Fund.
9 (e) The Illinois Thoroughbred Breeders Fund shall be
10 administered by the Department of Agriculture with the advice
11 and assistance of the Advisory Board created in subsection
12 (f) of this Section.
13 (f) The Illinois Thoroughbred Breeders Fund Advisory
14 Board shall consist of the Director of the Department of
15 Agriculture, who shall serve as Chairman; a member of the
16 Illinois Racing Board, designated by it; 2 representatives of
17 the organization licensees conducting thoroughbred racing
18 meetings, recommended by them; 2 representatives of the
19 Illinois Thoroughbred Breeders and Owners Foundation,
20 recommended by it; and 2 representatives of the Horsemen's
21 Benevolent Protective Association or any successor
22 organization established in Illinois comprised of the largest
23 number of owners and trainers, recommended by it, with one
24 representative of the Horsemen's Benevolent and Protective
25 Association to come from its Illinois Division, and one from
26 its Chicago Division. Advisory Board members shall serve for
27 2 years commencing January 1 of each odd numbered year. If
28 representatives of the organization licensees conducting
29 thoroughbred racing meetings, the Illinois Thoroughbred
30 Breeders and Owners Foundation, and the Horsemen's Benevolent
31 Protection Association have not been recommended by January
32 1, of each odd numbered year, the Director of the Department
33 of Agriculture shall make an appointment for the organization
34 failing to so recommend a member of the Advisory Board.
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1 Advisory Board members shall receive no compensation for
2 their services as members but shall be reimbursed for all
3 actual and necessary expenses and disbursements incurred in
4 the execution of their official duties.
5 (g) No monies shall be expended from the Illinois
6 Thoroughbred Breeders Fund except as appropriated by the
7 General Assembly. Monies appropriated from the Illinois
8 Thoroughbred Breeders Fund shall be expended by the
9 Department of Agriculture, with the advice and assistance of
10 the Illinois Thoroughbred Breeders Fund Advisory Board, for
11 the following purposes only:
12 (1) To provide purse supplements to owners of
13 horses participating in races limited to Illinois
14 conceived and foaled and Illinois foaled horses. Any
15 such purse supplements shall not be included in and shall
16 be paid in addition to any purses, stakes, or breeders'
17 awards offered by each organization licensee as
18 determined by agreement between such organization
19 licensee and an organization representing the horsemen.
20 No monies from the Illinois Thoroughbred Breeders Fund
21 shall be used to provide purse supplements for claiming
22 races in which the minimum claiming price is less than
23 $7,500.
24 (2) To provide stakes and awards to be paid to the
25 owners of the winning horses in certain races limited to
26 Illinois conceived and foaled and Illinois foaled horses
27 designated as stakes races.
28 (2.5) To provide an award to the owner or owners of
29 an Illinois conceived and foaled or Illinois foaled horse
30 that wins a maiden special weight, an allowance,
31 overnight handicap race, or claiming race with claiming
32 price of $10,000 or more providing the race is not
33 restricted to Illinois conceived and foaled or Illinois
34 foaled horses. Awards shall also be provided to the
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1 owner or owners of Illinois conceived and foaled and
2 Illinois foaled horses that place second or third in
3 those races. To the extent that additional moneys are
4 required to pay the minimum additional awards of 40% of
5 the purse the horse earns for placing first, second or
6 third in those races for Illinois foaled horses and of
7 60% of the purse the horse earns for placing first,
8 second or third in those races for Illinois conceived and
9 foaled horses, those moneys shall be provided from the
10 purse account at the track where earned.
11 (3) To provide stallion awards to the owner or
12 owners of any stallion that is duly registered with the
13 Illinois Thoroughbred Breeders Fund Program prior to the
14 effective date of this amendatory Act of 1995 whose duly
15 registered Illinois conceived and foaled offspring wins a
16 race conducted at an Illinois thoroughbred racing meeting
17 other than a claiming race. Such award shall not be paid
18 to the owner or owners of an Illinois stallion that
19 served outside this State at any time during the calendar
20 year in which such race was conducted.
21 (4) To provide $75,000 annually for purses to be
22 distributed to county fairs that provide for the running
23 of races during each county fair exclusively for the
24 thoroughbreds conceived and foaled in Illinois. The
25 conditions of the races shall be developed by the county
26 fair association and reviewed by the Department with the
27 advice and assistance of the Illinois Thoroughbred
28 Breeders Fund Advisory Board. There shall be no wagering
29 of any kind on the running of Illinois conceived and
30 foaled races at county fairs.
31 (4.1) To provide purse money for an Illinois
32 stallion stakes program.
33 (5) No less than 80% of all monies appropriated
34 from the Illinois Thoroughbred Breeders Fund shall be
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1 expended for the purposes in (1), (2), (2.5), (3), (4),
2 (4.1), and (5) as shown above.
3 (6) To provide for educational programs regarding
4 the thoroughbred breeding industry.
5 (7) To provide for research programs concerning the
6 health, development and care of the thoroughbred horse.
7 (8) To provide for a scholarship and training
8 program for students of equine veterinary medicine.
9 (9) To provide for dissemination of public
10 information designed to promote the breeding of
11 thoroughbred horses in Illinois.
12 (10) To provide for all expenses incurred in the
13 administration of the Illinois Thoroughbred Breeders
14 Fund.
15 (h) Whenever the Governor finds that the amount in the
16 Illinois Thoroughbred Breeders Fund is more than the total of
17 the outstanding appropriations from such fund, the Governor
18 shall notify the State Comptroller and the State Treasurer of
19 such fact. The Comptroller and the State Treasurer, upon
20 receipt of such notification, shall transfer such excess
21 amount from the Illinois Thoroughbred Breeders Fund to the
22 General Revenue Fund.
23 (i) A sum equal to 12 1/2% of the first prize money of
24 every purse won by an Illinois foaled or an Illinois
25 conceived and foaled horse in races not limited to Illinois
26 foaled horses or Illinois conceived and foaled horses, or
27 both, shall be paid by the organization licensee conducting
28 the horse race meeting. Such sum shall be paid from the
29 organization licensee's share of the money wagered as
30 follows: 11 1/2% to the breeder of the winning horse and 1%
31 to the organization representing thoroughbred breeders and
32 owners whose representative serves on the Illinois
33 Thoroughbred Breeders Fund Advisory Board for verifying the
34 amounts of breeders' awards earned, assuring their
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1 distribution in accordance with this Act, and servicing and
2 promoting the Illinois thoroughbred horse racing industry.
3 The organization representing thoroughbred breeders and
4 owners shall cause all expenditures of monies received under
5 this subsection (i) to be audited at least annually by a
6 registered public accountant. The organization shall file
7 copies of each annual audit with the Racing Board, the Clerk
8 of the House of Representatives and the Secretary of the
9 Senate, and shall make copies of each annual audit available
10 to the public upon request and upon payment of the reasonable
11 cost of photocopying the requested number of copies. Such
12 payments shall not reduce any award to the owner of the horse
13 or reduce the taxes payable under this Act. Upon completion
14 of its racing meet, each organization licensee shall deliver
15 to the organization representing thoroughbred breeders and
16 owners whose representative serves on the Illinois
17 Thoroughbred Breeders Fund Advisory Board a listing of all
18 the Illinois foaled and the Illinois conceived and foaled
19 horses which won breeders' awards and the amount of such
20 breeders' awards under this subsection to verify accuracy of
21 payments and assure proper distribution of breeders' awards
22 in accordance with the provisions of this Act. Such payments
23 shall be delivered by the organization licensee within 30
24 days of the end of each race meeting.
25 (j) A sum equal to 12 1/2% of the first prize money won
26 in each race limited to Illinois foaled horses or Illinois
27 conceived and foaled horses, or both, shall be paid in the
28 following manner by the organization licensee conducting the
29 horse race meeting, from the organization licensee's share of
30 the money wagered: 11 1/2% to the breeders of the horses in
31 each such race which are the official first, second, third
32 and fourth finishers and 1% to the organization representing
33 thoroughbred breeders and owners whose representative serves
34 on the Illinois Thoroughbred Breeders Fund Advisory Board for
HB4165 Engrossed -7- LRB9111831LDprA
1 verifying the amounts of breeders' awards earned, assuring
2 their proper distribution in accordance with this Act, and
3 servicing and promoting the Illinois thoroughbred horse
4 racing industry. The organization representing thoroughbred
5 breeders and owners shall cause all expenditures of monies
6 received under this subsection (j) to be audited at least
7 annually by a registered public accountant. The organization
8 shall file copies of each annual audit with the Racing Board,
9 the Clerk of the House of Representatives and the Secretary
10 of the Senate, and shall make copies of each annual audit
11 available to the public upon request and upon payment of the
12 reasonable cost of photocopying the requested number of
13 copies.
14 The 11 1/2% paid to the breeders in accordance with this
15 subsection shall be distributed as follows:
16 (1) 60% of such sum shall be paid to the breeder of
17 the horse which finishes in the official first position;
18 (2) 20% of such sum shall be paid to the breeder of
19 the horse which finishes in the official second position;
20 (3) 15% of such sum shall be paid to the breeder of
21 the horse which finishes in the official third position;
22 and
23 (4) 5% of such sum shall be paid to the breeder of
24 the horse which finishes in the official fourth position.
25 Such payments shall not reduce any award to the owners of
26 a horse or reduce the taxes payable under this Act. Upon
27 completion of its racing meet, each organization licensee
28 shall deliver to the organization representing thoroughbred
29 breeders and owners whose representative serves on the
30 Illinois Thoroughbred Breeders Fund Advisory Board a listing
31 of all the Illinois foaled and the Illinois conceived and
32 foaled horses which won breeders' awards and the amount of
33 such breeders' awards in accordance with the provisions of
34 this Act. Such payments shall be delivered by the
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1 organization licensee within 30 days of the end of each race
2 meeting.
3 (k) The term "breeder", as used herein, means the owner
4 of the mare at the time the foal is dropped. An "Illinois
5 foaled horse" is a foal dropped by a mare which enters this
6 State on or before December 1, in the year in which the horse
7 is bred, provided the mare remains continuously in this State
8 until its foal is born. An "Illinois foaled horse" also means
9 a foal born of a mare in the same year as the mare enters
10 this State on or before March 1, and remains in this State at
11 least 30 days after foaling, is bred back during the season
12 of the foaling to an Illinois Registered Stallion (unless a
13 veterinarian certifies that the mare should not be bred for
14 health reasons), and is not bred to a stallion standing in
15 any other state during the season of foaling. An "Illinois
16 foaled horse" also means a foal born in Illinois of a mare
17 purchased at public auction subsequent to the mare entering
18 this State prior to February 1 of the foaling year providing
19 the mare is owned solely by one or more Illinois residents or
20 an Illinois entity that is entirely owned by one or more
21 Illinois residents.
22 (l) The Department of Agriculture shall, by rule, with
23 the advice and assistance of the Illinois Thoroughbred
24 Breeders Fund Advisory Board:
25 (1) Qualify stallions for Illinois breeding; such
26 stallions to stand for service within the State of
27 Illinois at the time of a foal's conception. Such
28 stallion must not stand for service at any place outside
29 the State of Illinois during the calendar year in which
30 the foal is conceived. The Department of Agriculture may
31 assess and collect application fees for the registration
32 of Illinois-eligible stallions. All fees collected are
33 to be paid into the Illinois Thoroughbred Breeders Fund.
34 (2) Provide for the registration of Illinois
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1 conceived and foaled horses and Illinois foaled horses.
2 No such horse shall compete in the races limited to
3 Illinois conceived and foaled horses or Illinois foaled
4 horses or both unless registered with the Department of
5 Agriculture. The Department of Agriculture may prescribe
6 such forms as are necessary to determine the eligibility
7 of such horses. The Department of Agriculture may assess
8 and collect application fees for the registration of
9 Illinois-eligible foals. All fees collected are to be
10 paid into the Illinois Thoroughbred Breeders Fund. No
11 person shall knowingly prepare or cause preparation of an
12 application for registration of such foals containing
13 false information.
14 (m) The Department of Agriculture, with the advice and
15 assistance of the Illinois Thoroughbred Breeders Fund
16 Advisory Board, shall provide that certain races limited to
17 Illinois conceived and foaled and Illinois foaled horses be
18 stakes races and determine the total amount of stakes and
19 awards to be paid to the owners of the winning horses in such
20 races.
21 In determining the stakes races and the amount of awards
22 for such races, the Department of Agriculture shall consider
23 factors, including but not limited to, the amount of money
24 appropriated for the Illinois Thoroughbred Breeders Fund
25 program, organization licensees' contributions, availability
26 of stakes caliber horses as demonstrated by past
27 performances, whether the race can be coordinated into the
28 proposed racing dates within organization licensees' racing
29 dates, opportunity for colts and fillies and various age
30 groups to race, public wagering on such races, and the
31 previous racing schedule.
32 (n) The Board and the organizational licensee shall
33 notify the Department of the conditions and minimum purses
34 for races limited to Illinois conceived and foaled and
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1 Illinois foaled horses conducted for each organizational
2 licensee conducting a thoroughbred racing meeting. The
3 Department of Agriculture with the advice and assistance of
4 the Illinois Thoroughbred Breeders Fund Advisory Board may
5 allocate monies for purse supplements for such races. In
6 determining whether to allocate money and the amount, the
7 Department of Agriculture shall consider factors, including
8 but not limited to, the amount of money appropriated for the
9 Illinois Thoroughbred Breeders Fund program, the number of
10 races that may occur, and the organizational licensee's purse
11 structure.
12 (o) In order to improve the breeding quality of
13 thoroughbred horses in the State, the General Assembly
14 recognizes that existing provisions of this Section to
15 encourage such quality breeding need to be revised and
16 strengthened. As such, a Thoroughbred Breeder's Program Task
17 Force is to be appointed by the Governor by September 1, 1999
18 to make recommendations to the General Assembly by no later
19 than May March 1, 2000. This task force is to be composed of
20 2 representatives from the Illinois Thoroughbred Breeders and
21 Owners Foundation, 2 from the Illinois Thoroughbred
22 Horsemen's Association, 3 from Illinois race tracks operating
23 thoroughbred race meets for an average of at least 30 days in
24 the past 3 years, the Director of Agriculture, the Executive
25 Director of the Racing Board, who shall serve as Chairman.
26 (Source: P.A. 91-40, eff. 6-25-99.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.
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