Illinois General Assembly - Full Text of SB0093
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Full Text of SB0093  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/3/2021, by Sen. Jil Tracy


230 ILCS 5/31  from Ch. 8, par. 37-31

    Amends the Illinois Horse Racing Act of 1975. In provisions concerning stallions that qualify for Illinois Standardbred Breeders Fund breeding, removes language requiring the stallion to be owned by a resident of Illinois or a corporation in which all shareholders, directors, officers, and incorporators are residents of Illinois. Removes language prohibiting semen from being transported outside of Illinois. Removes language requiring the stallion's owner to be a resident of Illinois the previous 12 months. Removes language requiring that certain agreements for ownership or transfer of interest in a stallion must restrict ownership or transfer of interest to a resident of Illinois. Effective immediately.

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1    AN ACT concerning gaming.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Horse Racing Act of 1975 is
5amended by changing Section 31 as follows:
6    (230 ILCS 5/31)  (from Ch. 8, par. 37-31)
7    Sec. 31. (a) The General Assembly declares that it is the
8policy of this State to encourage the breeding of standardbred
9horses in this State and the ownership of such horses by
10residents of this State in order to provide for: sufficient
11numbers of high quality standardbred horses to participate in
12harness racing meetings in this State, and to establish and
13preserve the agricultural and commercial benefits of such
14breeding and racing industries to the State of Illinois. It is
15the intent of the General Assembly to further this policy by
16the provisions of this Section of this Act.
17    (b) Each organization licensee conducting a harness racing
18meeting pursuant to this Act shall provide for at least two
19races each race program limited to Illinois conceived and
20foaled horses. A minimum of 6 races shall be conducted each
21week limited to Illinois conceived and foaled horses. No
22horses shall be permitted to start in such races unless duly
23registered under the rules of the Department of Agriculture.



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1    (b-5) Organization licensees, not including the Illinois
2State Fair or the DuQuoin State Fair, shall provide stake
3races and early closer races for Illinois conceived and foaled
4horses so that purses distributed for such races shall be no
5less than 17% of total purses distributed for harness racing
6in that calendar year in addition to any stakes payments and
7starting fees contributed by horse owners.
8    (b-10) Each organization licensee conducting a harness
9racing meeting pursuant to this Act shall provide an owner
10award to be paid from the purse account equal to 12% of the
11amount earned by Illinois conceived and foaled horses
12finishing in the first 3 positions in races that are not
13restricted to Illinois conceived and foaled horses. The owner
14awards shall not be paid on races below the $10,000 claiming
16    (c) Conditions of races under subsection (b) shall be
17commensurate with past performance, quality and class of
18Illinois conceived and foaled horses available. If, however,
19sufficient competition cannot be had among horses of that
20class on any day, the races may, with consent of the Board, be
21eliminated for that day and substitute races provided.
22    (d) There is hereby created a special fund of the State
23Treasury to be known as the Illinois Standardbred Breeders
24Fund. Beginning on June 28, 2019 (the effective date of Public
25Act 101-31) this amendatory Act of the 101st General Assembly,
26the Illinois Standardbred Breeders Fund shall become a



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1non-appropriated trust fund held separate and apart from State
2moneys. Expenditures from this Fund shall no longer be subject
3to appropriation.
4    During the calendar year 1981, and each year thereafter,
5except as provided in subsection (g) of Section 27 of this Act,
6eight and one-half per cent of all the monies received by the
7State as privilege taxes on harness racing meetings shall be
8paid into the Illinois Standardbred Breeders Fund.
9    (e) Notwithstanding any provision of law to the contrary,
10amounts deposited into the Illinois Standardbred Breeders Fund
11from revenues generated by gaming pursuant to an organization
12gaming license issued under the Illinois Gambling Act after
13June 28, 2019 (the effective date of Public Act 101-31) this
14amendatory Act of the 101st General Assembly shall be in
15addition to tax and fee amounts paid under this Section for
16calendar year 2019 and thereafter. The Illinois Standardbred
17Breeders Fund shall be administered by the Department of
18Agriculture with the assistance and advice of the Advisory
19Board created in subsection (f) of this Section.
20    (f) The Illinois Standardbred Breeders Fund Advisory Board
21is hereby created. The Advisory Board shall consist of the
22Director of the Department of Agriculture, who shall serve as
23Chairman; the Superintendent of the Illinois State Fair; a
24member of the Illinois Racing Board, designated by it; a
25representative of the largest association of Illinois
26standardbred owners and breeders, recommended by it; a



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1representative of a statewide association representing
2agricultural fairs in Illinois, recommended by it, such
3representative to be from a fair at which Illinois conceived
4and foaled racing is conducted; a representative of the
5organization licensees conducting harness racing meetings,
6recommended by them; a representative of the Breeder's
7Committee of the association representing the largest number
8of standardbred owners, breeders, trainers, caretakers, and
9drivers, recommended by it; and a representative of the
10association representing the largest number of standardbred
11owners, breeders, trainers, caretakers, and drivers,
12recommended by it. Advisory Board members shall serve for 2
13years commencing January 1 of each odd numbered year. If
14representatives of the largest association of Illinois
15standardbred owners and breeders, a statewide association of
16agricultural fairs in Illinois, the association representing
17the largest number of standardbred owners, breeders, trainers,
18caretakers, and drivers, a member of the Breeder's Committee
19of the association representing the largest number of
20standardbred owners, breeders, trainers, caretakers, and
21drivers, and the organization licensees conducting harness
22racing meetings have not been recommended by January 1 of each
23odd numbered year, the Director of the Department of
24Agriculture shall make an appointment for the organization
25failing to so recommend a member of the Advisory Board.
26Advisory Board members shall receive no compensation for their



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1services as members but shall be reimbursed for all actual and
2necessary expenses and disbursements incurred in the execution
3of their official duties.
4    (g) Monies expended from the Illinois Standardbred
5Breeders Fund shall be expended by the Department of
6Agriculture, with the assistance and advice of the Illinois
7Standardbred Breeders Fund Advisory Board for the following
8purposes only:
9        1. To provide purses for races limited to Illinois
10    conceived and foaled horses at the State Fair and the
11    DuQuoin State Fair.
12        2. To provide purses for races limited to Illinois
13    conceived and foaled horses at county fairs.
14        3. To provide purse supplements for races limited to
15    Illinois conceived and foaled horses conducted by
16    associations conducting harness racing meetings.
17        4. No less than 75% of all monies in the Illinois
18    Standardbred Breeders Fund shall be expended for purses in
19    1, 2, and 3 as shown above.
20        5. In the discretion of the Department of Agriculture
21    to provide awards to harness breeders of Illinois
22    conceived and foaled horses which win races conducted by
23    organization licensees conducting harness racing meetings.
24    A breeder is the owner of a mare at the time of conception.
25    No more than 10% of all monies appropriated from the
26    Illinois Standardbred Breeders Fund shall be expended for



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1    such harness breeders awards. No more than 25% of the
2    amount expended for harness breeders awards shall be
3    expended for expenses incurred in the administration of
4    such harness breeders awards.
5        6. To pay for the improvement of racing facilities
6    located at the State Fair and County fairs.
7        7. To pay the expenses incurred in the administration
8    of the Illinois Standardbred Breeders Fund.
9        8. To promote the sport of harness racing, including
10    grants up to a maximum of $7,500 per fair per year for
11    conducting pari-mutuel wagering during the advertised
12    dates of a county fair.
13        9. To pay up to $50,000 annually for the Department of
14    Agriculture to conduct drug testing at county fairs racing
15    standardbred horses.
16    (h) The Illinois Standardbred Breeders Fund is not subject
17to administrative charges or chargebacks, including, but not
18limited to, those authorized under Section 8h of the State
19Finance Act.
20    (i) A sum equal to 13% of the first prize money of the
21gross purse won by an Illinois conceived and foaled horse
22shall be paid 50% by the organization licensee conducting the
23horse race meeting to the breeder of such winning horse from
24the organization licensee's account and 50% from the purse
25account of the licensee. Such payment shall not reduce any
26award to the owner of the horse or reduce the taxes payable



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1under this Act. Such payment shall be delivered by the
2organization licensee at the end of each quarter.
3    (j) The Department of Agriculture shall, by rule, with the
4assistance and advice of the Illinois Standardbred Breeders
5Fund Advisory Board:
6        1. Qualify stallions for Illinois Standardbred
7    Breeders Fund breeding; such stallion shall be owned by a
8    resident of the State of Illinois or by an Illinois
9    corporation all of whose shareholders, directors, officers
10    and incorporators are residents of the State of Illinois.
11    Such stallion shall stand for service at and within the
12    State of Illinois at the time of a foal's conception, and
13    such stallion must not stand for service at any place, nor
14    may semen from such stallion be transported, outside the
15    State of Illinois during that calendar year in which the
16    foal is conceived and that the owner of the stallion was
17    for the 12 months prior, a resident of Illinois. However,
18    from January 1, 2018 until January 1, 2022, semen from an
19    Illinois stallion may be transported outside the State of
20    Illinois. The articles of agreement of any partnership,
21    joint venture, limited partnership, syndicate, association
22    or corporation and any bylaws and stock certificates must
23    contain a restriction that provides that the ownership or
24    transfer of interest by any one of the persons a party to
25    the agreement can only be made to a person who qualifies as
26    an Illinois resident.



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1        2. Provide for the registration of Illinois conceived
2    and foaled horses and no such horse shall compete in the
3    races limited to Illinois conceived and foaled horses
4    unless registered with the Department of Agriculture. The
5    Department of Agriculture may prescribe such forms as may
6    be necessary to determine the eligibility of such horses.
7    No person shall knowingly prepare or cause preparation of
8    an application for registration of such foals containing
9    false information. A mare (dam) must be in the State at
10    least 30 days prior to foaling or remain in the State at
11    least 30 days at the time of foaling. However, the
12    requirement that a mare (dam) must be in the State at least
13    30 days before foaling or remain in the State at least 30
14    days at the time of foaling shall not be in effect from
15    January 1, 2018 until January 1, 2022. Beginning with the
16    1996 breeding season and for foals of 1997 and thereafter,
17    a foal conceived by transported semen may be eligible for
18    Illinois conceived and foaled registration provided all
19    breeding and foaling requirements are met. The stallion
20    must be qualified for Illinois Standardbred Breeders Fund
21    breeding at the time of conception and the mare must be
22    inseminated within the State of Illinois. The foal must be
23    dropped in Illinois and properly registered with the
24    Department of Agriculture in accordance with this Act.
25    However, from January 1, 2018 until January 1, 2022, the
26    requirement for a mare to be inseminated within the State



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1    of Illinois and the requirement for a foal to be dropped in
2    Illinois are inapplicable.
3        3. Provide that at least a 5-day racing program shall
4    be conducted at the State Fair each year, unless an
5    alternate racing program is requested by the Illinois
6    Standardbred Breeders Fund Advisory Board, which program
7    shall include at least the following races limited to
8    Illinois conceived and foaled horses: (a) a 2-year-old two
9    year old Trot and Pace, and Filly Division of each; (b) a
10    3-year-old three year old Trot and Pace, and Filly
11    Division of each; (c) an aged Trot and Pace, and Mare
12    Division of each.
13        4. Provide for the payment of nominating, sustaining
14    and starting fees for races promoting the sport of harness
15    racing and for the races to be conducted at the State Fair
16    as provided in subsection (j) 3 of this Section provided
17    that the nominating, sustaining and starting payment
18    required from an entrant shall not exceed 2% of the purse
19    of such race. All nominating, sustaining and starting
20    payments shall be held for the benefit of entrants and
21    shall be paid out as part of the respective purses for such
22    races. Nominating, sustaining and starting fees shall be
23    held in trust accounts for the purposes as set forth in
24    this Act and in accordance with Section 205-15 of the
25    Department of Agriculture Law.
26        5. Provide for the registration with the Department of



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1    Agriculture of Colt Associations or county fairs desiring
2    to sponsor races at county fairs.
3        6. Provide for the promotion of producing standardbred
4    racehorses by providing a bonus award program for owners
5    of 2-year-old horses that win multiple major stakes races
6    that are limited to Illinois conceived and foaled horses.
7    (k) The Department of Agriculture, with the advice and
8assistance of the Illinois Standardbred Breeders Fund Advisory
9Board, may allocate monies for purse supplements for such
10races. In determining whether to allocate money and the
11amount, the Department of Agriculture shall consider factors,
12including, but not limited to, the amount of money
13appropriated for the Illinois Standardbred Breeders Fund
14program, the number of races that may occur, and an
15organization licensee's purse structure. The organization
16licensee shall notify the Department of Agriculture of the
17conditions and minimum purses for races limited to Illinois
18conceived and foaled horses to be conducted by each
19organization licensee conducting a harness racing meeting for
20which purse supplements have been negotiated.
21    (l) All races held at county fairs and the State Fair which
22receive funds from the Illinois Standardbred Breeders Fund
23shall be conducted in accordance with the rules of the United
24States Trotting Association unless otherwise modified by the
25Department of Agriculture.
26    (m) At all standardbred race meetings held or conducted



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1under authority of a license granted by the Board, and at all
2standardbred races held at county fairs which are approved by
3the Department of Agriculture or at the Illinois or DuQuoin
4State Fairs, no one shall jog, train, warm up or drive a
5standardbred horse unless he or she is wearing a protective
6safety helmet, with the chin strap fastened and in place,
7which meets the standards and requirements as set forth in the
81984 Standard for Protective Headgear for Use in Harness
9Racing and Other Equestrian Sports published by the Snell
10Memorial Foundation, or any standards and requirements for
11headgear the Illinois Racing Board may approve. Any other
12standards and requirements so approved by the Board shall
13equal or exceed those published by the Snell Memorial
14Foundation. Any equestrian helmet bearing the Snell label
15shall be deemed to have met those standards and requirements.
16(Source: P.A. 100-777, eff. 8-10-18; 101-31, eff. 6-28-19;
17101-157, eff. 7-26-19; revised 9-27-19.)
18    Section 99. Effective date. This Act takes effect upon
19becoming law.