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1 | AN ACT concerning gaming.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Horse Racing Act of 1975 is amended | |||||||||||||||||||
5 | by changing Section 31 as follows:
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6 | (230 ILCS 5/31) (from Ch. 8, par. 37-31)
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7 | Sec. 31.
(a) The General Assembly declares that it is the | |||||||||||||||||||
8 | policy of
this State to encourage the breeding of standardbred | |||||||||||||||||||
9 | horses in this
State and the ownership of such horses by | |||||||||||||||||||
10 | residents of this State in
order to provide for: sufficient | |||||||||||||||||||
11 | numbers of high quality standardbred
horses to participate in | |||||||||||||||||||
12 | harness racing meetings in this State, and to
establish and | |||||||||||||||||||
13 | preserve the agricultural and commercial benefits of such
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14 | breeding and racing industries to the State of Illinois. It is | |||||||||||||||||||
15 | the
intent of the General Assembly to further this policy by | |||||||||||||||||||
16 | the provisions
of this Section of this Act.
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17 | (b) Each organization licensee conducting a harness
racing | |||||||||||||||||||
18 | meeting pursuant to this Act shall provide for at least two | |||||||||||||||||||
19 | races each
race program limited to
Illinois conceived and | |||||||||||||||||||
20 | foaled horses. A minimum of 6 races shall be
conducted each | |||||||||||||||||||
21 | week limited to Illinois conceived and foaled horses. No
horses | |||||||||||||||||||
22 | shall be permitted to start in such races unless duly | |||||||||||||||||||
23 | registered
under the rules of the Department of Agriculture.
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1 | (b-5) Organization licensees, not including the Illinois | ||||||
2 | State Fair or the DuQuoin State Fair, shall provide stake races | ||||||
3 | and early closer races for Illinois conceived and foaled horses | ||||||
4 | so that purses distributed for such races shall be no less than | ||||||
5 | 17% of total purses distributed for harness racing in that | ||||||
6 | calendar year in addition to any stakes payments and starting | ||||||
7 | fees contributed by horse owners. | ||||||
8 | (b-10) Each organization licensee conducting a harness | ||||||
9 | racing meeting
pursuant to this Act shall provide an owner | ||||||
10 | award to be paid from the purse
account equal to 12% of the | ||||||
11 | amount earned by Illinois conceived and foaled
horses finishing | ||||||
12 | in the first 3 positions in races that are not restricted to | ||||||
13 | Illinois conceived and foaled
horses. The owner awards shall | ||||||
14 | not be paid on races below the $10,000 claiming class. | ||||||
15 | (c) Conditions of races under subsection (b) shall be | ||||||
16 | commensurate
with past performance, quality and class of | ||||||
17 | Illinois conceived and
foaled horses available. If, however, | ||||||
18 | sufficient competition cannot be
had among horses of that class | ||||||
19 | on any day, the races may, with consent
of the Board, be | ||||||
20 | eliminated for that day and substitute races provided.
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21 | (d) There is hereby created a special fund of the State | ||||||
22 | Treasury to
be known as the Illinois Standardbred Breeders | ||||||
23 | Fund. Beginning on June 28, 2019 ( the effective date of Public | ||||||
24 | Act 101-31) this amendatory Act of the 101st General Assembly , | ||||||
25 | the Illinois Standardbred Breeders Fund shall become a | ||||||
26 | non-appropriated trust fund held separate and apart from State |
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1 | moneys. Expenditures from this Fund shall no longer be subject | ||||||
2 | to appropriation.
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3 | During the calendar year 1981, and each year thereafter, | ||||||
4 | except as provided
in subsection (g) of Section 27 of this Act, | ||||||
5 | eight and one-half
per cent of all the monies received by the | ||||||
6 | State as privilege taxes on
harness racing meetings shall be | ||||||
7 | paid into the Illinois Standardbred
Breeders Fund.
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8 | (e) Notwithstanding any provision of law to the contrary, | ||||||
9 | amounts deposited into the Illinois Standardbred Breeders Fund | ||||||
10 | from revenues generated by gaming pursuant to an organization | ||||||
11 | gaming license issued under the Illinois Gambling Act after | ||||||
12 | June 28, 2019 ( the effective date of Public Act 101-31) this | ||||||
13 | amendatory Act of the 101st General Assembly shall be in | ||||||
14 | addition to tax and fee amounts paid under this Section for | ||||||
15 | calendar year 2019 and thereafter. The Illinois Standardbred | ||||||
16 | Breeders Fund shall be administered by
the Department of | ||||||
17 | Agriculture with the assistance and advice of the
Advisory | ||||||
18 | Board created in subsection (f) of this Section.
| ||||||
19 | (f) The Illinois Standardbred Breeders Fund Advisory Board | ||||||
20 | is hereby
created. The Advisory Board shall consist of the | ||||||
21 | Director of the
Department of Agriculture, who shall serve as | ||||||
22 | Chairman; the
Superintendent of the Illinois State Fair; a | ||||||
23 | member of the Illinois
Racing Board, designated by it; a | ||||||
24 | representative of the largest association of Illinois | ||||||
25 | standardbred owners and breeders, recommended by it; a
| ||||||
26 | representative of a statewide association representing |
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1 | agricultural fairs in Illinois,
recommended by it, such | ||||||
2 | representative to be from a fair at which
Illinois conceived | ||||||
3 | and foaled racing is conducted; a representative of
the | ||||||
4 | organization licensees conducting harness racing
meetings, | ||||||
5 | recommended by them; a representative of the Breeder's | ||||||
6 | Committee of the association representing the largest number of | ||||||
7 | standardbred owners, breeders, trainers, caretakers, and | ||||||
8 | drivers, recommended by it;
and a representative of the | ||||||
9 | association representing the largest number of standardbred | ||||||
10 | owners, breeders, trainers, caretakers, and drivers,
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11 | recommended by it. Advisory Board members shall serve for 2 | ||||||
12 | years
commencing January 1 of each odd numbered year. If | ||||||
13 | representatives of
the largest association of Illinois | ||||||
14 | standardbred owners and breeders, a statewide association of | ||||||
15 | agricultural fairs in Illinois, the association representing | ||||||
16 | the largest number of standardbred owners, breeders, trainers, | ||||||
17 | caretakers, and drivers, a member of the Breeder's Committee of | ||||||
18 | the association representing the largest number of | ||||||
19 | standardbred owners, breeders, trainers, caretakers, and | ||||||
20 | drivers, and the organization licensees conducting
harness | ||||||
21 | racing meetings
have not been recommended by January 1 of each | ||||||
22 | odd numbered year, the
Director of the Department of | ||||||
23 | Agriculture shall make an appointment for
the organization | ||||||
24 | failing to so recommend a member of the Advisory Board.
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25 | Advisory Board members shall receive no compensation for their | ||||||
26 | services
as members but shall be reimbursed for all actual and |
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1 | necessary expenses
and disbursements incurred in the execution | ||||||
2 | of their official duties.
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3 | (g) Monies expended
from the Illinois Standardbred | ||||||
4 | Breeders Fund shall be
expended by the Department of | ||||||
5 | Agriculture, with the assistance and
advice of the Illinois | ||||||
6 | Standardbred Breeders Fund Advisory Board for the
following | ||||||
7 | purposes only:
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8 | 1. To provide purses for races limited to Illinois | ||||||
9 | conceived and
foaled horses at the State Fair and the | ||||||
10 | DuQuoin State Fair.
| ||||||
11 | 2. To provide purses for races limited to Illinois | ||||||
12 | conceived and
foaled horses at county fairs.
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13 | 3. To provide purse supplements for races limited to | ||||||
14 | Illinois
conceived and foaled horses conducted by | ||||||
15 | associations conducting harness
racing meetings.
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16 | 4. No less than 75% of all monies in the Illinois | ||||||
17 | Standardbred
Breeders Fund shall be expended for purses in | ||||||
18 | 1, 2 , and 3 as shown above.
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19 | 5. In the discretion of the Department of Agriculture | ||||||
20 | to provide
awards to harness breeders of Illinois conceived | ||||||
21 | and foaled horses which
win races conducted by organization | ||||||
22 | licensees
conducting harness racing meetings.
A breeder is | ||||||
23 | the owner of a mare at the time of conception. No more
than | ||||||
24 | 10% of all monies appropriated from the Illinois
| ||||||
25 | Standardbred Breeders Fund shall
be expended for such | ||||||
26 | harness breeders awards. No more than 25% of the
amount |
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1 | expended for harness breeders awards shall be expended for
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2 | expenses incurred in the administration of such harness | ||||||
3 | breeders awards.
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4 | 6. To pay for the improvement of racing facilities | ||||||
5 | located at the
State Fair and County fairs.
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6 | 7. To pay the expenses incurred in the administration | ||||||
7 | of the
Illinois Standardbred Breeders Fund.
| ||||||
8 | 8. To promote the sport of harness racing, including | ||||||
9 | grants up to a
maximum of $7,500 per fair per year for | ||||||
10 | conducting pari-mutuel wagering during the advertised | ||||||
11 | dates of a
county fair.
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12 | 9. To pay up to $50,000 annually for the Department of | ||||||
13 | Agriculture to conduct drug testing at county fairs racing | ||||||
14 | standardbred horses. | ||||||
15 | (h) The Illinois Standardbred Breeders Fund is not subject | ||||||
16 | to administrative charges or chargebacks, including, but not | ||||||
17 | limited to, those authorized under Section 8h of the State | ||||||
18 | Finance Act.
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19 | (i) A sum equal to 13% of the first prize money of the | ||||||
20 | gross purse
won by an Illinois conceived and foaled horse shall | ||||||
21 | be paid 50% by the
organization licensee conducting the horse | ||||||
22 | race meeting to the breeder
of such winning horse from the | ||||||
23 | organization licensee's account and 50% from the purse account | ||||||
24 | of the licensee.
Such payment
shall not reduce any award to the | ||||||
25 | owner of
the horse or reduce the taxes payable under this Act. | ||||||
26 | Such payment
shall be delivered by the organization licensee at |
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1 | the end of each quarter.
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2 | (j) The Department of Agriculture shall, by rule, with the
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3 | assistance and advice of the Illinois Standardbred Breeders | ||||||
4 | Fund
Advisory Board:
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5 | 1. Qualify stallions for Illinois Standardbred | ||||||
6 | Breeders Fund breeding ; such stallion
shall be owned by a | ||||||
7 | resident of the State of Illinois or by an Illinois
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8 | corporation all of whose shareholders, directors, officers | ||||||
9 | and
incorporators are residents of the State of Illinois . | ||||||
10 | Such stallion shall
stand for
service at and within the | ||||||
11 | State of Illinois at the time of a foal's
conception, and | ||||||
12 | such stallion must not stand for service at any place , nor
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13 | may semen from such stallion be transported,
outside the | ||||||
14 | State of Illinois during that calendar year in which the
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15 | foal is conceived and that the owner of the stallion was | ||||||
16 | for the
12
months prior, a resident of Illinois . However, | ||||||
17 | from January 1, 2018 until January 1, 2022, semen from an | ||||||
18 | Illinois stallion may be transported outside the State of | ||||||
19 | Illinois.
The articles of agreement of any partnership, | ||||||
20 | joint venture, limited
partnership, syndicate, association | ||||||
21 | or corporation and any bylaws and stock
certificates must | ||||||
22 | contain a restriction that provides that the ownership or
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23 | transfer of interest by any one of the persons a party to | ||||||
24 | the agreement can
only be made to a person who qualifies as | ||||||
25 | an Illinois resident.
| ||||||
26 | 2. Provide for the registration of Illinois conceived |
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1 | and foaled
horses and no such horse shall compete in the | ||||||
2 | races limited to Illinois
conceived and foaled horses | ||||||
3 | unless registered with the Department of
Agriculture. The | ||||||
4 | Department of Agriculture may prescribe such forms as
may | ||||||
5 | be necessary to determine the eligibility of such horses. | ||||||
6 | No person
shall knowingly prepare or cause preparation of | ||||||
7 | an application for
registration of such foals containing | ||||||
8 | false information.
A mare (dam) must be in the State at | ||||||
9 | least 30 days prior to foaling or
remain in the State at | ||||||
10 | least 30 days at the time of foaling. However, the | ||||||
11 | requirement that a mare (dam) must be in the State at least | ||||||
12 | 30 days before foaling or remain in the State at least 30 | ||||||
13 | days at the time of foaling shall not be in effect from | ||||||
14 | January 1, 2018 until January 1, 2022.
Beginning with the | ||||||
15 | 1996 breeding season and for foals of 1997 and thereafter,
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16 | a foal conceived by transported semen may be eligible for | ||||||
17 | Illinois
conceived and foaled registration provided all | ||||||
18 | breeding and foaling
requirements are met. The stallion | ||||||
19 | must be qualified for Illinois Standardbred
Breeders Fund | ||||||
20 | breeding at the time of conception and the mare must be
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21 | inseminated within the State of Illinois. The foal must be | ||||||
22 | dropped in Illinois
and properly registered with the | ||||||
23 | Department of Agriculture in accordance with
this Act. | ||||||
24 | However, from January 1, 2018 until January 1, 2022, the | ||||||
25 | requirement for a mare to be inseminated within the State | ||||||
26 | of Illinois and the requirement for a foal to be dropped in |
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1 | Illinois are inapplicable.
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2 | 3. Provide that at least a 5-day racing program shall | ||||||
3 | be conducted
at the State Fair each year, unless an | ||||||
4 | alternate racing program is requested by the Illinois | ||||||
5 | Standardbred Breeders Fund Advisory Board, which program | ||||||
6 | shall include at least the
following races limited to | ||||||
7 | Illinois conceived and foaled horses: (a) a 2-year-old
two | ||||||
8 | year old Trot and Pace, and Filly Division of each; (b) a | ||||||
9 | 3-year-old three
year old Trot and Pace, and Filly Division | ||||||
10 | of each; (c) an aged Trot and Pace,
and Mare Division of | ||||||
11 | each.
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12 | 4. Provide for the payment of nominating, sustaining | ||||||
13 | and starting
fees for races promoting the sport of harness | ||||||
14 | racing and for the races
to be conducted at the State Fair | ||||||
15 | as provided in
subsection (j) 3 of this Section provided | ||||||
16 | that the nominating,
sustaining and starting payment | ||||||
17 | required from an entrant shall not
exceed 2% of the purse | ||||||
18 | of such race. All nominating, sustaining and
starting | ||||||
19 | payments shall be held for the benefit of entrants and | ||||||
20 | shall be
paid out as part of the respective purses for such | ||||||
21 | races.
Nominating, sustaining and starting fees shall be | ||||||
22 | held in trust accounts
for the purposes as set forth in | ||||||
23 | this Act and in accordance with Section
205-15 of the | ||||||
24 | Department of Agriculture Law.
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25 | 5. Provide for the registration with the Department of | ||||||
26 | Agriculture
of Colt Associations or county fairs desiring |
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1 | to sponsor races at county
fairs.
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2 | 6. Provide for the promotion of producing standardbred | ||||||
3 | racehorses by providing a bonus award program for owners of | ||||||
4 | 2-year-old horses that win multiple major stakes races that | ||||||
5 | are limited to Illinois conceived and foaled horses. | ||||||
6 | (k) The Department of Agriculture, with the advice and | ||||||
7 | assistance of the
Illinois
Standardbred Breeders Fund Advisory | ||||||
8 | Board, may allocate monies for purse
supplements for such | ||||||
9 | races. In determining whether to allocate money and
the amount, | ||||||
10 | the Department
of Agriculture shall consider factors, | ||||||
11 | including , but not limited to, the
amount of money appropriated | ||||||
12 | for the Illinois Standardbred Breeders Fund
program, the number | ||||||
13 | of races that may occur, and an organization
licensee's purse | ||||||
14 | structure. The organization licensee shall notify the
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15 | Department of Agriculture of the conditions and minimum purses | ||||||
16 | for races
limited to Illinois conceived and foaled horses to be | ||||||
17 | conducted by each organization
licensee conducting a harness | ||||||
18 | racing meeting for which purse
supplements have been | ||||||
19 | negotiated.
| ||||||
20 | (l) All races held at county fairs and the State Fair which | ||||||
21 | receive funds
from the Illinois Standardbred Breeders Fund | ||||||
22 | shall be conducted in
accordance with the rules of the United | ||||||
23 | States Trotting Association unless
otherwise modified by the | ||||||
24 | Department of Agriculture.
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25 | (m) At all standardbred race meetings held or conducted | ||||||
26 | under authority of a
license granted by the Board, and at all |
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1 | standardbred races held at county
fairs which are approved by | ||||||
2 | the Department of Agriculture or at the
Illinois or DuQuoin | ||||||
3 | State Fairs, no one shall jog, train, warm up or drive
a | ||||||
4 | standardbred horse unless he or she is wearing a protective | ||||||
5 | safety helmet,
with the
chin strap fastened and in place, which | ||||||
6 | meets the standards and
requirements as set forth in the 1984 | ||||||
7 | Standard for Protective Headgear for
Use in Harness Racing and | ||||||
8 | Other Equestrian Sports published by the Snell
Memorial | ||||||
9 | Foundation, or any standards and requirements for headgear the
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10 | Illinois Racing Board may approve. Any other standards and | ||||||
11 | requirements so
approved by the Board shall equal or exceed | ||||||
12 | those published by the Snell
Memorial Foundation. Any | ||||||
13 | equestrian helmet bearing the Snell label shall
be deemed to | ||||||
14 | have met those standards and requirements.
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15 | (Source: P.A. 100-777, eff. 8-10-18; 101-31, eff. 6-28-19; | ||||||
16 | 101-157, eff. 7-26-19; revised 9-27-19.)
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