Public Act 100-0777
 
HB5459 EnrolledLRB100 20006 SMS 35287 b


  
    AN ACT concerning gaming.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The Illinois Horse Racing Act of 1975 is amended  
by changing Sections 31 and 33.1 and  by adding Section 3.31 as 
follows:
 
    (230 ILCS 5/3.31 new)
    Sec. 3.31. Illinois conceived and foaled.  Notwithstanding 
any provision of this Act to the contrary, from January 1, 2018 
until January 1, 2022, "Illinois conceived and foaled", as the 
term applies to a standardbred, includes a standardbred horse 
whose sire is a qualified Illinois stallion.
 



    (230 ILCS 5/31)  (from Ch. 8, par. 37-31)



    Sec. 31. 
(a) The General Assembly declares that it is the 
policy of
this State to encourage the breeding of standardbred 
horses in this
State and the ownership of such horses by 
residents of this State in
order to provide for: sufficient 
numbers of high quality standardbred
horses to participate in 
harness racing meetings in this State, and to
establish and 
preserve the agricultural and commercial benefits of such

breeding and racing industries to the State of Illinois.  It is 
the
intent of the General Assembly to further this policy by 
the provisions
of this Section of this Act.

    (b) Each organization licensee conducting a harness
racing 
meeting pursuant to this Act shall provide for at least two 
races each
race program limited to
Illinois conceived and 
foaled horses.  A minimum of 6 races shall be
conducted each 
week limited to Illinois conceived and foaled horses.  No
horses 
shall be permitted to start in such races unless duly 
registered
under the rules of the Department of Agriculture.

    (c) Conditions of races under subsection (b) shall be 
commensurate
with past performance, quality and class of 
Illinois conceived and
foaled horses available.  If, however, 
sufficient competition cannot be
had among horses of that class 
on any day, the races may, with consent
of the Board, be 
eliminated for that day and substitute races provided.

    (d) There is hereby created a special fund of the State 
Treasury to
be known as the Illinois Standardbred Breeders 
Fund. 

    During the calendar year 1981, and each year thereafter, 
except as provided
in subsection (g) of Section 27 of this Act, 
eight and one-half
per cent of all the monies received by the 
State as privilege taxes on
harness racing meetings shall be 
paid into the Illinois Standardbred
Breeders Fund.

    (e) The Illinois Standardbred Breeders Fund shall be 
administered by
the Department of Agriculture with the 
assistance and advice of the
Advisory Board created in 
subsection (f) of this Section.

    (f) The Illinois Standardbred Breeders Fund Advisory Board 
is hereby
created.  The Advisory Board shall consist of the 
Director of the
Department of Agriculture, who shall serve as 
Chairman; the
Superintendent of the Illinois State Fair; a 
member of the Illinois
Racing Board, designated by it; a 
representative of the largest association of Illinois 
standardbred owners and breeders, recommended by it; a

representative of a statewide association representing 
agricultural fairs in Illinois,
recommended by it, such 
representative to be from a fair at which
Illinois conceived 
and foaled racing is conducted; a representative of
the 
organization licensees conducting harness racing
meetings, 
recommended by them; a representative of the Breeder's 
Committee of the association representing the largest number of 
standardbred owners, breeders, trainers, caretakers, and 
drivers, recommended by it;
and a representative of the 
association representing the largest number of standardbred 
owners, breeders, trainers, caretakers, and drivers,

recommended by it.  Advisory Board members shall serve for 2 
years
commencing January 1 of each odd numbered year.  If 
representatives of
the largest association of Illinois 
standardbred owners and breeders, a statewide association of 
agricultural fairs in Illinois, the association representing 
the largest number of standardbred owners, breeders, trainers, 
caretakers, and drivers, a member of the Breeder's Committee of 
the association representing the largest number of 
standardbred owners, breeders, trainers, caretakers, and 
drivers, and the organization licensees conducting
harness 
racing meetings
have not been recommended by January 1 of each 
odd numbered year, the
Director of the Department of 
Agriculture shall make an appointment for
the organization 
failing to so recommend a member of the Advisory Board.

Advisory Board members shall receive no compensation for their 
services
as members but shall be reimbursed for all actual and 
necessary expenses
and disbursements incurred in the execution 
of their official duties.

    (g) No monies shall be expended from the Illinois 
Standardbred
Breeders Fund except as appropriated by the 
General Assembly.  Monies
appropriated from the Illinois 
Standardbred Breeders Fund shall be
expended by the Department 
of Agriculture, with the assistance and
advice of the Illinois 
Standardbred Breeders Fund Advisory Board for the
following 
purposes only:

        1. To provide purses for races limited to Illinois 
    conceived and
foaled horses at the State Fair. 

        2. To provide purses for races limited to Illinois 
    conceived and
foaled horses at county fairs. 

        3. To provide purse supplements for races limited to 
    Illinois
conceived and foaled horses conducted by 
    associations conducting harness
racing meetings. 

        4. No less than 75% of all monies in the Illinois 
    Standardbred
Breeders Fund shall be expended for purses in 
    1, 2 and 3 as shown above.

        5. In the discretion of the Department of Agriculture 
    to provide
awards to harness breeders of Illinois conceived 
    and foaled horses which
win races conducted by organization 
    licensees
conducting harness racing meetings.
A breeder is 
    the owner of a mare at the time of conception.  No more
than 
    10% of all monies appropriated from the Illinois

    Standardbred Breeders Fund shall
be expended for such 
    harness breeders awards.  No more than 25% of the
amount 
    expended for harness breeders awards shall be expended for

    expenses incurred in the administration of such harness 
    breeders awards.

        6. To pay for the improvement of racing facilities 
    located at the
State Fair and County fairs.

        7. To pay the expenses incurred in the administration 
    of the
Illinois Standardbred Breeders Fund.

        8. To promote the sport of harness racing.

    (h) Whenever the Governor finds that the amount in the 
Illinois
Standardbred Breeders Fund is more than the total of 
the outstanding
appropriations from such fund, the Governor 
shall notify the State
Comptroller and the State Treasurer of 
such fact. The Comptroller and
the  State Treasurer, upon 
receipt of such notification, shall transfer
such excess amount 
from the Illinois Standardbred Breeders Fund to the
General 
Revenue Fund.

    (i) A sum equal to 12 1/2% of the first prize money of 
every purse
won by an Illinois conceived and foaled horse shall 
be paid by the
organization licensee conducting the horse race 
meeting to the breeder
of such winning horse from the 
organization licensee's share of the
money wagered.
Such 
payment
shall not reduce any award to the owner of
the horse or 
reduce the taxes payable under this Act.  Such payment
shall be 
delivered by the organization licensee at the end of each race

meeting.

    (j) The Department of Agriculture shall, by rule, with the

assistance and advice of the Illinois Standardbred Breeders 
Fund
Advisory Board:

        1. Qualify stallions for Illinois Standardbred 
    Breeders Fund breeding; such stallion
shall be owned by a 
    resident of the State of Illinois or by an Illinois

    corporation all of whose shareholders, directors, officers 
    and
incorporators are residents of the State of Illinois.  
    Such stallion shall
stand for
service at and within the 
    State of Illinois at the time of a foal's
conception, and 
    such stallion must not stand for service at any place, nor

    may semen from such stallion be transported,
outside the 
    State of Illinois during that calendar year in which the

    foal is conceived and that the owner of the stallion was 
    for the
12
months prior,  a resident of Illinois. However, 
    from January 1, 2018 until January 1, 2022, semen from an 
    Illinois stallion may be transported outside the State of 
    Illinois.
The articles of agreement of any partnership, 
    joint venture, limited
partnership, syndicate, association 
    or corporation and any bylaws and stock
certificates must 
    contain a restriction that provides that the ownership or

    transfer of interest by any one of the persons a party to 
    the agreement can
only be made to a person who qualifies as 
    an Illinois resident.

        2. Provide for the registration of Illinois conceived 
    and foaled
horses and no such horse shall compete in the 
    races limited to Illinois
conceived and foaled horses 
    unless registered with the Department of
Agriculture.  The 
    Department of Agriculture may prescribe such forms as
may 
    be necessary to determine the eligibility of such horses. 
    No person
shall knowingly prepare or cause preparation of 
    an application for
registration of such foals containing 
    false information.
A mare (dam) must be in the State state 
    at least 30 days prior to foaling or
remain in the State at 
    least 30 days at the time of foaling. However, the 
    requirement that a mare (dam) must be in the State at least 
    30 days before foaling or remain in the State at least 30 
    days at the time of foaling shall not be in effect from 
    January 1, 2018 until January 1, 2022.
Beginning with the 
    1996 breeding season and for foals of 1997 and thereafter,

    a foal conceived by transported fresh semen may be eligible 
    for Illinois
conceived and foaled registration provided 
    all breeding and foaling
requirements are met.  The stallion 
    must be qualified for Illinois Standardbred
Breeders Fund 
    breeding at the time of conception and the mare must be

    inseminated within the State of Illinois.  The foal must be 
    dropped in Illinois
and properly registered with the 
    Department of Agriculture in accordance with
this Act. 
    However, from January 1, 2018 until January 1, 2022, the 
    requirement for a mare to be inseminated within the State 
    of Illinois and the requirement for a foal to be dropped in 
    Illinois are inapplicable. 

        3. Provide that at least a 5 day racing program shall 
    be conducted
at the State Fair each year, which program 
    shall include at least the
following races limited to 
    Illinois conceived and foaled horses:  (a) a
two year old 
    Trot and Pace, and Filly Division of each;  (b) a three
year 
    old Trot and Pace, and Filly Division of each;  (c) an aged 
    Trot and Pace,
and Mare Division of each.

        4. Provide for the payment of nominating, sustaining 
    and starting
fees for races promoting the sport of harness 
    racing and for the races
to be conducted at the State Fair 
    as provided in
subsection (j) 3 of this Section provided 
    that the nominating,
sustaining and starting payment 
    required from an entrant shall not
exceed 2% of the purse 
    of such race.  All nominating, sustaining and
starting 
    payments shall be held for the benefit of entrants and 
    shall be
paid out as part of the respective purses for such 
    races.
Nominating, sustaining and starting fees shall be 
    held in trust accounts
for the purposes as set forth in 
    this Act and in accordance with Section
205-15 of the 
    Department of Agriculture Law (20 ILCS
205/205-15).

        5. Provide for the registration with the Department of 
    Agriculture
of Colt Associations or county fairs desiring 
    to sponsor races at county
fairs.

    (k) The Department of Agriculture, with the advice and 
assistance of the
Illinois
Standardbred Breeders Fund Advisory 
Board, may allocate monies for purse
supplements for such 
races.  In determining whether to allocate money and
the amount, 
the Department
of Agriculture shall consider factors, 
including but not limited to, the
amount of money appropriated 
for the Illinois Standardbred Breeders Fund
program, the number 
of races that may occur, and an organizational
licensee's purse 
structure.  The organizational licensee shall notify the

Department of Agriculture of the conditions and minimum purses 
for races
limited to Illinois conceived and foaled horses to be 
conducted by each
organizational licensee conducting a harness 
racing meeting for which purse
supplements have been 
negotiated.

    (l) All races held at county fairs and the State Fair which 
receive funds
from the Illinois Standardbred Breeders Fund 
shall be conducted in
accordance with the rules of the United 
States Trotting Association unless
otherwise modified by the 
Department of Agriculture.

    (m) At all standardbred race meetings held or conducted 
under authority of a
license granted by the Board, and at all 
standardbred races held at county
fairs which are approved by 
the Department of Agriculture or at the
Illinois or DuQuoin 
State Fairs, no one shall jog, train, warm up or drive
a 
standardbred horse unless he or she is wearing a protective 
safety helmet,
with the
chin strap fastened and in place, which 
meets the standards and
requirements as set forth in the 1984 
Standard for Protective Headgear for
Use in Harness Racing and 
Other Equestrian Sports published by the Snell
Memorial 
Foundation, or any standards and requirements for headgear the

Illinois Racing Board may approve.  Any other standards and 
requirements so
approved by the Board shall equal or exceed 
those published by the Snell
Memorial Foundation.  Any 
equestrian helmet bearing the Snell label shall
be deemed to 
have met those standards and requirements.

(Source: P.A. 99-756, eff. 8-12-16.)

 



    (230 ILCS 5/33.1)  (from Ch. 8, par. 37-33.1)



    Sec. 33.1. 
(a) The Department of Agriculture shall be 
responsible for
investigating and determining the eligibility 
of mares and Illinois conceived
and foaled horses and Illinois 
foaled horses to participate in
Illinois conceived and foaled 
and Illinois foaled races.  The Department
of Agriculture shall 
also qualify stallions to participate in the Illinois

Standardbred and Thoroughbred programs.

    (b) The Director of the Department of Agriculture or his 
authorized agent
is authorized to conduct hearings, administer 
oaths, and issue subpoenas
to carry out his responsibilities 
concerning the Illinois Standardbred and
Thoroughbred programs 
as set forth in Sections 30 and 31.

    (c) The Director of the Department of Agriculture or his 
authorized agent
shall, after a hearing, affirm or deny the 
qualification of a stallion for
the Illinois Standardbred or 
Thoroughbred program.  The decision of the
Director of the 
Department of Agriculture or his authorized agent shall
be 
subject to judicial review under the Administrative Review Law.  
The
term "administrative decision" shall have the meaning 
ascribed to it in
Section 3-101 of the Administrative Review 
Law.

    (d) If the determination is made that a standardbred 
stallion is not
owned by a resident
of the State of Illinois or 
that a transfer of ownership is a subterfuge to
qualify a 
standardbred stallion under the Act,
or that a standardbred 
stallion owner, manager, or person associated with
him or her 
has knowingly participated in the arrangements for 
transporting
semen from a
standardbred  stallion registered 
under this Act out-of-state,
the Director of the Department of 
Agriculture
or his authorized agent shall immediately publish 
notice of such fact in
publications devoted to news concerning 
standardbred
horses,
announcing the  disqualification of such 
stallion or his foals. From January 1, 2018 until January 1, 
2022, the Director of Agriculture or his or her authorized 
agent shall not publish notice announcing the disqualification 
of such stallion or his foals on the basis that a stallion 
owner, manager, or person associated with him or her has 
knowingly participated in the arrangements for transporting 
semen from a standardbred stallion registered under this Act 
out of State.  If any
person owning any stallion, mare or foal 
is found by the Director of the
Department of Agriculture or 
his authorized agent to have willfully violated
any provision 
of this Act or to have made any false statements concerning

such person's stallion, mare or foal, then no animal owned by 
such person is
eligible to participate in any events conducted 
pursuant to Sections 30 and 31.

    (e) Any person who is served with a subpoena, issued by the 
Director of
the Department of Agriculture or his authorized 
agent, to appear and testify
or to produce documents and who 
refuses or neglects to testify or produce
documents relevant to 
the investigation, as directed in the subpoenas, may
be 
punished as provided in this Section.

    (f) Any circuit court of this State, upon petition by the 
Director of the
Department of Agriculture or his authorized 
agent, may compel the attendance
of witnesses, the production 
of documents and giving the testimony required
by this Section 
in the same manner as the production of evidence may be

compelled in any other judicial proceeding before such court.  
Any person
who willfully swears or affirms falsely in any 
proceeding conducted pursuant
to this Section is guilty of 
perjury.

    (g) The fees of witnesses for attendance and travel in the 
course of any
investigation shall be the same as the fees of 
witnesses before the circuit
courts of this State.

    (h) The Department shall have authority to promulgate rules 
and regulations
for the enforcement of Sections 30, 31 and 33.1 
of this Act.  Conditions
and purses shall not be subject to 
Section 5-40 of the Illinois Administrative
Procedure Act but 
shall be set and published from time to time.

(Source: P.A. 88-45; 89-16, eff. 5-30-95.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.