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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB2658
Introduced 2/26/2007, by Rep. Michael J. Madigan - Barbara Flynn Currie - Lou Lang SYNOPSIS AS INTRODUCED: |
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230 ILCS 5/31 |
from Ch. 8, par. 37-31 |
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Amends the Illinois Horse Racing Act of 1975. Makes a technical change in a Section
concerning the Illinois Standardbred Breeders Fund.
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A BILL FOR
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HB2658 |
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LRB095 01226 AMC 21228 b |
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| AN ACT concerning gaming.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Illinois Horse Racing Act of 1975 is amended |
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| by changing Section 31 as follows:
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| (230 ILCS 5/31) (from Ch. 8, par. 37-31)
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| Sec. 31. (a) The
The General Assembly declares that it is |
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| the policy of
this State to encourage the breeding of |
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| standardbred horses in this
State and the ownership of such |
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| horses by residents of this State in
order to provide for: |
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| sufficient numbers of high quality standardbred
horses to |
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| participate in harness racing meetings in this State, and to
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| establish and preserve the agricultural and commercial |
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| benefits of such
breeding and racing industries to the State of |
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| Illinois. It is the
intent of the General Assembly to further |
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| this policy by the provisions
of this Section of this Act. |
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| (b) Each organization licensee conducting a harness
racing |
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| meeting pursuant to this Act shall provide for at least two |
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| races each
race program limited to
Illinois conceived and |
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| foaled horses. A minimum of 6 races shall be
conducted each |
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| week limited to Illinois conceived and foaled horses. No
horses |
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| shall be permitted to start in such races unless duly |
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| registered
under the rules of the Department of Agriculture.
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HB2658 |
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LRB095 01226 AMC 21228 b |
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| (c) Conditions of races under subsection (b) shall be |
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| commensurate
with past performance, quality and class of |
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| Illinois conceived and
foaled horses available. If, however, |
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| sufficient competition cannot be
had among horses of that class |
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| on any day, the races may, with consent
of the Board, be |
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| eliminated for that day and substitute races provided.
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| (d) There is hereby created a special fund of the State |
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| Treasury to
be known as the Illinois Standardbred Breeders |
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| Fund.
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| During the calendar year 1981, and each year thereafter, |
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| except as provided
in subsection (g) of Section 27 of this Act, |
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| eight and one-half
per cent of all the monies received by the |
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| State as privilege taxes on
harness racing meetings shall be |
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| paid into the Illinois Standardbred
Breeders Fund.
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| (e) The Illinois Standardbred Breeders Fund shall be |
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| administered by
the Department of Agriculture with the |
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| assistance and advice of the
Advisory Board created in |
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| subsection (f) of this Section.
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| (f) The Illinois Standardbred Breeders Fund Advisory Board |
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| is hereby
created. The Advisory Board shall consist of the |
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| Director of the
Department of Agriculture, who shall serve as |
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| Chairman; the
Superintendent of the Illinois State Fair; a |
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| member of the Illinois
Racing Board, designated by it; a |
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| representative of the Illinois
Standardbred Owners and |
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| Breeders Association, recommended by it; a
representative of |
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| the Illinois Association of Agricultural Fairs,
recommended by |
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HB2658 |
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LRB095 01226 AMC 21228 b |
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| it, such representative to be from a fair at which
Illinois |
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| conceived and foaled racing is conducted; a representative of
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| the organization licensees conducting harness racing
meetings, |
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| recommended by them
and a representative of the Illinois |
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| Harness Horsemen's Association,
recommended by it. Advisory |
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| Board members shall serve for 2 years
commencing January 1, of |
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| each odd numbered year. If representatives of
the Illinois |
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| Standardbred Owners and Breeders Associations, the Illinois
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| Association of Agricultural Fairs, the Illinois Harness |
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| Horsemen's
Association, and the organization licensees |
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| conducting
harness racing meetings
have not been recommended by |
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| January 1, of each odd numbered year, the
Director of the |
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| Department of Agriculture shall make an appointment for
the |
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| organization failing to so recommend a member of the Advisory |
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| Board.
Advisory Board members shall receive no compensation for |
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| their services
as members but shall be reimbursed for all |
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| actual and necessary expenses
and disbursements incurred in the |
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| execution of their official duties.
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| (g) No monies shall be expended from the Illinois |
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| Standardbred
Breeders Fund except as appropriated by the |
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| General Assembly. Monies
appropriated from the Illinois |
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| Standardbred Breeders Fund shall be
expended by the Department |
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| of Agriculture, with the assistance and
advice of the Illinois |
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| Standardbred Breeders Fund Advisory Board for the
following |
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| purposes only:
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| 1. To provide purses for races limited to Illinois |
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HB2658 |
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LRB095 01226 AMC 21228 b |
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| conceived and
foaled horses at the State Fair.
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| 2. To provide purses for races limited to Illinois |
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| conceived and
foaled horses at county fairs.
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| 3. To provide purse supplements for races limited to |
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| Illinois
conceived and foaled horses conducted by |
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| associations conducting harness
racing meetings.
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| 4. No less than 75% of all monies in the Illinois |
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| Standardbred
Breeders Fund shall be expended for purses in |
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| 1, 2 and 3 as shown above.
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| 5. In the discretion of the Department of Agriculture |
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| to provide
awards to harness breeders of Illinois conceived |
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| and foaled horses which
win races conducted by organization |
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| licensees
conducting harness racing meetings.
A breeder is |
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| the owner of a mare at the time of conception. No more
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| 10% of all monies appropriated from the Illinois
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| Standardbred Breeders Fund shall
be expended for such |
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| harness breeders awards. No more than 25% of the
amount |
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| expended for harness breeders awards shall be expended for
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| expenses incurred in the administration of such harness |
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| breeders awards.
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| 6. To pay for the improvement of racing facilities |
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| located at the
State Fair and County fairs.
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| 7. To pay the expenses incurred in the administration |
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| of the
Illinois Standardbred Breeders Fund.
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| 8. To promote the sport of harness racing.
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| (h) Whenever the Governor finds that the amount in the |
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HB2658 |
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LRB095 01226 AMC 21228 b |
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| Illinois
Standardbred Breeders Fund is more than the total of |
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| the outstanding
appropriations from such fund, the Governor |
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| shall notify the State
Comptroller and the State Treasurer of |
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| such fact. The Comptroller and
the State Treasurer, upon |
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| receipt of such notification, shall transfer
such excess amount |
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| from the Illinois Standardbred Breeders Fund to the
General |
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| Revenue Fund.
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| (i) A sum equal to 12 1/2% of the first prize money of |
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| every purse
won by an Illinois conceived and foaled horse shall |
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| be paid by the
organization licensee conducting the horse race |
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| meeting to the breeder
of such winning horse from the |
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| organization licensee's share of the
money wagered.
Such |
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| payment
shall not reduce any award to the owner of
the horse or |
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| reduce the taxes payable under this Act. Such payment
shall be |
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| delivered by the organization licensee at the end of each race
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| meeting.
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| (j) The Department of Agriculture shall, by rule, with the
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| assistance and advice of the Illinois Standardbred Breeders |
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| Fund
Advisory Board:
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| 1. Qualify stallions for Illinois Standardbred Breeders |
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| Fund breeding; such stallion
shall be owned by a resident of |
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| the State of Illinois or by an Illinois
corporation all of |
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| whose shareholders, directors, officers and
incorporators are |
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| residents of the State of Illinois. Such stallion shall
stand |
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| for
service at and within the State of Illinois at the time of |
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| a foal's
conception, and such stallion must not stand for |
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HB2658 |
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LRB095 01226 AMC 21228 b |
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| service at any place, nor
may semen from such stallion be |
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| transported,
outside the State of Illinois during that calendar |
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| year in which the
foal is conceived and that the owner of the |
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| stallion was for the
12
months prior, a resident of Illinois.
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| The articles of agreement of any partnership, joint venture, |
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| limited
partnership, syndicate, association or corporation and |
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| any bylaws and stock
certificates must contain a restriction |
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| that provides that the ownership or
transfer of interest by any |
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| one of the persons a party to the agreement can
only be made to |
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| a person who qualifies as an Illinois resident.
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| 2. Provide for the registration of Illinois conceived and |
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| foaled
horses and no such horse shall compete in the races |
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| limited to Illinois
conceived and foaled horses unless |
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| registered with the Department of
Agriculture. The Department |
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| of Agriculture may prescribe such forms as
may be necessary to |
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| determine the eligibility of such horses. No person
shall |
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| knowingly prepare or cause preparation of an application for
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| registration of such foals containing false information.
A mare |
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| (dam) must be in the state at least 30 days prior to foaling or
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| remain in the State at least 30 days at the time of foaling.
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| Beginning with the 1996 breeding season and for foals of 1997 |
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| and thereafter,
a foal conceived by transported fresh semen may |
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| be eligible for Illinois
conceived and foaled registration |
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| provided all breeding and foaling
requirements are met. The |
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| stallion must be qualified for Illinois Standardbred
Breeders |
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| Fund breeding at the time of conception and the mare must be
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HB2658 |
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LRB095 01226 AMC 21228 b |
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| inseminated within the State of Illinois. The foal must be |
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| dropped in Illinois
and properly registered with the Department |
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| of Agriculture in accordance with
this Act.
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| 3. Provide that at least a 5 day racing program shall be |
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| conducted
at the State Fair each year, which program shall |
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| include at least the
following races limited to Illinois |
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| conceived and foaled horses: (a) a
two year old Trot and Pace, |
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| and Filly Division of each; (b) a three
year old Trot and Pace, |
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| and Filly Division of each; (c) an aged Trot and Pace,
and Mare |
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| Division of each.
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| 4. Provide for the payment of nominating, sustaining and |
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| starting
fees for races promoting the sport of harness racing |
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| and for the races
to be conducted at the State Fair as provided |
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| in
subsection (j) 3 of this Section provided that the |
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| nominating,
sustaining and starting payment required from an |
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| entrant shall not
exceed 2% of the purse of such race. All |
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| nominating, sustaining and
starting payments shall be held for |
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| the benefit of entrants and shall be
paid out as part of the |
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| respective purses for such races.
Nominating, sustaining and |
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| starting fees shall be held in trust accounts
for the purposes |
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| as set forth in this Act and in accordance with Section
205-15 |
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| of the Department of Agriculture Law (20 ILCS
205/205-15).
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| 5. Provide for the registration with the Department of |
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| Agriculture
of Colt Associations or county fairs desiring to |
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| sponsor races at county
fairs.
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| (k) The Department of Agriculture, with the advice and |
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HB2658 |
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LRB095 01226 AMC 21228 b |
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| assistance of the
Illinois
Standardbred Breeders Fund Advisory |
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| Board, may allocate monies for purse
supplements for such |
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| races. In determining whether to allocate money and
the amount, |
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| the Department
of Agriculture shall consider factors, |
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| including but not limited to, the
amount of money appropriated |
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| for the Illinois Standardbred Breeders Fund
program, the number |
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| of races that may occur, and an organizational
licensee's purse |
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| structure. The organizational licensee shall notify the
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| Department of Agriculture of the conditions and minimum purses |
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| for races
limited to Illinois conceived and foaled horses to be |
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| conducted by each
organizational licensee conducting a harness |
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| racing meeting for which purse
supplements have been |
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| negotiated.
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| (l) All races held at county fairs and the State Fair which |
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| receive funds
from the Illinois Standardbred Breeders Fund |
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| shall be conducted in
accordance with the rules of the United |
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| States Trotting Association unless
otherwise modified by the |
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| Department of Agriculture.
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| (m) At all standardbred race meetings held or conducted |
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| under authority of a
license granted by the Board, and at all |
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| standardbred races held at county
fairs which are approved by |
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| the Department of Agriculture or at the
Illinois or DuQuoin |
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| State Fairs, no one shall jog, train, warm up or drive
a |
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| standardbred horse unless he or she is wearing a protective |
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| safety helmet,
with the
chin strap fastened and in place, which |
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| meets the standards and
requirements as set forth in the 1984 |
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HB2658 |
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| Standard for Protective Headgear for
Use in Harness Racing and |
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| Other Equestrian Sports published by the Snell
Memorial |
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| Foundation, or any standards and requirements for headgear the
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| Illinois Racing Board may approve. Any other standards and |
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| requirements so
approved by the Board shall equal or exceed |
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| those published by the Snell
Memorial Foundation. Any |
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| equestrian helmet bearing the Snell label shall
be deemed to |
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| have met those standards and requirements.
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| (Source: P.A. 91-239, eff. 1-1-00.)
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