Illinois General Assembly - Full Text of SB1608
Illinois General Assembly

Previous General Assemblies

Full Text of SB1608  98th General Assembly




SB1608 EngrossedLRB098 07413 AMC 37480 b

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 amended
5by 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 horses
22shall be permitted to start in such races unless duly
23registered under the rules of the Department of Agriculture.



SB1608 Engrossed- 2 -LRB098 07413 AMC 37480 b

1    (c) Conditions of races under subsection (b) shall be
2commensurate with past performance, quality and class of
3Illinois conceived and foaled horses available. If, however,
4sufficient competition, defined for the purposes of this
5subsection (c) as competition between 5 or more horses, cannot
6be had among horses of that class on any day, the races may,
7with consent of the Board, be eliminated for that day and
8substitute races provided.
9    (d) There is hereby created a special fund of the State
10Treasury to be known as the Illinois Standardbred Breeders
12    During the calendar year 1981, and each year thereafter,
13except as provided in subsection (g) of Section 27 of this Act,
14eight and one-half per cent of all the monies received by the
15State as privilege taxes on harness racing meetings shall be
16paid into the Illinois Standardbred Breeders Fund.
17    (e) The Illinois Standardbred Breeders Fund shall be
18administered by the Department of Agriculture with the
19assistance and advice of the Advisory Board created in
20subsection (f) of this Section.
21    (f) The Illinois Standardbred Breeders Fund Advisory Board
22is hereby created. The Advisory Board shall consist of the
23Director of the Department of Agriculture, who shall serve as
24Chairman; the Superintendent of the Illinois State Fair; a
25member of the Illinois Racing Board, designated by it; a
26representative of the Illinois Standardbred Owners and



SB1608 Engrossed- 3 -LRB098 07413 AMC 37480 b

1Breeders Association, recommended by it; a representative of
2the Illinois Association of Agricultural Fairs, recommended by
3it, such representative to be from a fair at which Illinois
4conceived and foaled racing is conducted; a representative of
5the organization licensees conducting harness racing meetings,
6recommended by them and a representative of the Illinois
7Harness Horsemen's Association, recommended by it. Advisory
8Board members shall serve for 2 years commencing January 1, of
9each odd numbered year. If representatives of the Illinois
10Standardbred Owners and Breeders Associations, the Illinois
11Association of Agricultural Fairs, the Illinois Harness
12Horsemen's Association, and the organization licensees
13conducting harness racing meetings have not been recommended by
14January 1, of each odd numbered year, the Director of the
15Department of Agriculture shall make an appointment for the
16organization failing to so recommend a member of the Advisory
17Board. Advisory Board members shall receive no compensation for
18their services as members but shall be reimbursed for all
19actual and necessary expenses and disbursements incurred in the
20execution of their official duties.
21    (g) No monies shall be expended from the Illinois
22Standardbred Breeders Fund except as appropriated by the
23General Assembly. Monies appropriated from the Illinois
24Standardbred Breeders Fund shall be expended by the Department
25of Agriculture, with the assistance and advice of the Illinois
26Standardbred Breeders Fund Advisory Board for the following



SB1608 Engrossed- 4 -LRB098 07413 AMC 37480 b

1purposes only:
2        1. To provide purses for races limited to Illinois
3    conceived and foaled horses at the State Fair.
4        2. To provide purses for races limited to Illinois
5    conceived and foaled horses at county fairs.
6        3. To provide purse supplements for races limited to
7    Illinois conceived and foaled horses conducted by
8    associations conducting harness racing meetings.
9        4. No less than 75% of all monies in the Illinois
10    Standardbred Breeders Fund shall be expended for purses in
11    1, 2 and 3 as shown above.
12        5. In the discretion of the Department of Agriculture
13    to provide awards to harness breeders of Illinois conceived
14    and foaled horses which win races conducted by organization
15    licensees conducting harness racing meetings. A breeder is
16    the owner of a mare at the time of conception. No more than
17    10% of all monies appropriated from the Illinois
18    Standardbred Breeders Fund shall be expended for such
19    harness breeders awards. No more than 25% of the amount
20    expended for harness breeders awards shall be expended for
21    expenses incurred in the administration of such harness
22    breeders awards.
23        6. To pay for the improvement of racing facilities
24    located at the State Fair and County fairs.
25        7. To pay the expenses incurred in the administration
26    of the Illinois Standardbred Breeders Fund.



SB1608 Engrossed- 5 -LRB098 07413 AMC 37480 b

1        8. To promote the sport of harness racing.
2    (h) Whenever the Governor finds that the amount in the
3Illinois Standardbred Breeders Fund is more than the total of
4the outstanding appropriations from such fund, the Governor
5shall notify the State Comptroller and the State Treasurer of
6such fact. The Comptroller and the State Treasurer, upon
7receipt of such notification, shall transfer such excess amount
8from the Illinois Standardbred Breeders Fund to the General
9Revenue Fund.
10    (i) A sum equal to 12 1/2% of the first prize money of
11every purse won by an Illinois conceived and foaled horse shall
12be paid by the organization licensee conducting the horse race
13meeting to the breeder of such winning horse from the
14organization licensee's share of the money wagered. Such
15payment shall not reduce any award to the owner of the horse or
16reduce the taxes payable under this Act. Such payment shall be
17delivered by the organization licensee at the end of each race
19    (j) The Department of Agriculture shall, by rule, with the
20assistance and advice of the Illinois Standardbred Breeders
21Fund Advisory Board:
22    1. Qualify stallions for Illinois Standardbred Breeders
23Fund breeding; such stallion shall be owned by a resident of
24the State of Illinois or by an Illinois corporation all of
25whose shareholders, directors, officers and incorporators are
26residents of the State of Illinois. Such stallion shall stand



SB1608 Engrossed- 6 -LRB098 07413 AMC 37480 b

1for service at and within the State of Illinois at the time of
2a foal's conception, and such stallion must not stand for
3service at any place, nor may semen from such stallion be
4transported, outside the State of Illinois during that calendar
5year in which the foal is conceived and that the owner of the
6stallion was for the 12 months prior, a resident of Illinois.
7The articles of agreement of any partnership, joint venture,
8limited partnership, syndicate, association or corporation and
9any bylaws and stock certificates must contain a restriction
10that provides that the ownership or transfer of interest by any
11one of the persons a party to the agreement can only be made to
12a person who qualifies as an Illinois resident.
13    2. Provide for the registration of Illinois conceived and
14foaled horses and no such horse shall compete in the races
15limited to Illinois conceived and foaled horses unless
16registered with the Department of Agriculture. The Department
17of Agriculture may prescribe such forms as may be necessary to
18determine the eligibility of such horses. No person shall
19knowingly prepare or cause preparation of an application for
20registration of such foals containing false information. A mare
21(dam) must be in the state at least 30 days prior to foaling or
22remain in the State at least 30 days at the time of foaling.
23Beginning with the 1996 breeding season and for foals of 1997
24and thereafter, a foal conceived by transported fresh semen may
25be eligible for Illinois conceived and foaled registration
26provided all breeding and foaling requirements are met. The



SB1608 Engrossed- 7 -LRB098 07413 AMC 37480 b

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



SB1608 Engrossed- 8 -LRB098 07413 AMC 37480 b

1sponsor races at county fairs.
2    (k) The Department of Agriculture, with the advice and
3assistance of the Illinois Standardbred Breeders Fund Advisory
4Board, may allocate monies for purse supplements for such
5races. In determining whether to allocate money and the amount,
6the Department of Agriculture shall consider factors,
7including but not limited to, the amount of money appropriated
8for the Illinois Standardbred Breeders Fund program, the number
9of races that may occur, and an organizational licensee's purse
10structure. The organizational licensee shall notify the
11Department of Agriculture of the conditions and minimum purses
12for races limited to Illinois conceived and foaled horses to be
13conducted by each organizational licensee conducting a harness
14racing meeting for which purse supplements have been
16    (l) All races held at county fairs and the State Fair which
17receive funds from the Illinois Standardbred Breeders Fund
18shall be conducted in accordance with the rules of the United
19States Trotting Association unless otherwise modified by the
20Department of Agriculture.
21    (m) At all standardbred race meetings held or conducted
22under authority of a license granted by the Board, and at all
23standardbred races held at county fairs which are approved by
24the Department of Agriculture or at the Illinois or DuQuoin
25State Fairs, no one shall jog, train, warm up or drive a
26standardbred horse unless he or she is wearing a protective



SB1608 Engrossed- 9 -LRB098 07413 AMC 37480 b

1safety helmet, with the chin strap fastened and in place, which
2meets the standards and requirements as set forth in the 1984
3Standard for Protective Headgear for Use in Harness Racing and
4Other Equestrian Sports published by the Snell Memorial
5Foundation, or any standards and requirements for headgear the
6Illinois Racing Board may approve. Any other standards and
7requirements so approved by the Board shall equal or exceed
8those published by the Snell Memorial Foundation. Any
9equestrian helmet bearing the Snell label shall be deemed to
10have met those standards and requirements.
11(Source: P.A. 91-239, eff. 1-1-00.)
12    Section 99. Effective date. This Act takes effect upon
13becoming law.