Full Text of SB1608 98th General Assembly
SB1608 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1608 Introduced 2/13/2013, by Sen. John M. Sullivan 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. In provisions concerning racing of standardbred horses, provides that sufficient competition is defined as competition between 5 or more horses. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning gaming.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Horse Racing Act of 1975 is amended | 5 | | 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 | 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
| 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.
| 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 | | (c) Conditions of races under subsection (b) shall be | 2 | | commensurate
with past performance, quality and class of | 3 | | Illinois conceived and
foaled horses available. If, however, | 4 | | sufficient competition , defined for the purposes of this | 5 | | subsection (c) as competition between 5 or more horses, cannot | 6 | | be
had among horses of that class on any day, the races may, | 7 | | with consent
of the Board, be eliminated for that day and | 8 | | substitute races provided.
| 9 | | (d) There is hereby created a special fund of the State | 10 | | Treasury to
be known as the Illinois Standardbred Breeders | 11 | | Fund.
| 12 | | During the calendar year 1981, and each year thereafter, | 13 | | except as provided
in subsection (g) of Section 27 of this Act, | 14 | | eight and one-half
per cent of all the monies received by the | 15 | | State as privilege taxes on
harness racing meetings shall be | 16 | | paid into the Illinois Standardbred
Breeders Fund.
| 17 | | (e) The Illinois Standardbred Breeders Fund shall be | 18 | | administered by
the Department of Agriculture with the | 19 | | assistance and advice of the
Advisory Board created in | 20 | | subsection (f) of this Section.
| 21 | | (f) The Illinois Standardbred Breeders Fund Advisory Board | 22 | | is hereby
created. The Advisory Board shall consist of the | 23 | | Director of the
Department of Agriculture, who shall serve as | 24 | | Chairman; the
Superintendent of the Illinois State Fair; a | 25 | | member of the Illinois
Racing Board, designated by it; a | 26 | | representative of the Illinois
Standardbred Owners and |
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| 1 | | Breeders Association, recommended by it; a
representative of | 2 | | the Illinois Association of Agricultural Fairs,
recommended by | 3 | | it, such representative to be from a fair at which
Illinois | 4 | | conceived and foaled racing is conducted; a representative of
| 5 | | the organization licensees conducting harness racing
meetings, | 6 | | recommended by them
and a representative of the Illinois | 7 | | Harness Horsemen's Association,
recommended by it. Advisory | 8 | | Board members shall serve for 2 years
commencing January 1, of | 9 | | each odd numbered year. If representatives of
the Illinois | 10 | | Standardbred Owners and Breeders Associations, the Illinois
| 11 | | Association of Agricultural Fairs, the Illinois Harness | 12 | | Horsemen's
Association, and the organization licensees | 13 | | conducting
harness racing meetings
have not been recommended by | 14 | | January 1, of each odd numbered year, the
Director of the | 15 | | Department of Agriculture shall make an appointment for
the | 16 | | organization failing to so recommend a member of the Advisory | 17 | | Board.
Advisory Board members shall receive no compensation for | 18 | | their services
as members but shall be reimbursed for all | 19 | | actual and necessary expenses
and disbursements incurred in the | 20 | | execution of their official duties.
| 21 | | (g) No monies shall be expended from the Illinois | 22 | | Standardbred
Breeders Fund except as appropriated by the | 23 | | General Assembly. Monies
appropriated from the Illinois | 24 | | Standardbred Breeders Fund shall be
expended by the Department | 25 | | of Agriculture, with the assistance and
advice of the Illinois | 26 | | Standardbred Breeders Fund Advisory Board for the
following |
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| 1 | | purposes 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.
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| 1 | | 8. To promote the sport of harness racing.
| 2 | | (h) Whenever the Governor finds that the amount in the | 3 | | Illinois
Standardbred Breeders Fund is more than the total of | 4 | | the outstanding
appropriations from such fund, the Governor | 5 | | shall notify the State
Comptroller and the State Treasurer of | 6 | | such fact. The Comptroller and
the State Treasurer, upon | 7 | | receipt of such notification, shall transfer
such excess amount | 8 | | from the Illinois Standardbred Breeders Fund to the
General | 9 | | Revenue Fund.
| 10 | | (i) A sum equal to 12 1/2% of the first prize money of | 11 | | every purse
won by an Illinois conceived and foaled horse shall | 12 | | be paid by the
organization licensee conducting the horse race | 13 | | meeting to the breeder
of such winning horse from the | 14 | | organization licensee's share of the
money wagered.
Such | 15 | | payment
shall not reduce any award to the owner of
the horse or | 16 | | reduce the taxes payable under this Act. Such payment
shall be | 17 | | delivered by the organization licensee at the end of each race
| 18 | | meeting.
| 19 | | (j) The Department of Agriculture shall, by rule, with the
| 20 | | assistance and advice of the Illinois Standardbred Breeders | 21 | | Fund
Advisory Board:
| 22 | | 1. Qualify stallions for Illinois Standardbred Breeders | 23 | | Fund breeding; such stallion
shall be owned by a resident of | 24 | | the State of Illinois or by an Illinois
corporation all of | 25 | | whose shareholders, directors, officers and
incorporators are | 26 | | residents of the State of Illinois. Such stallion shall
stand |
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| 1 | | for
service at and within the State of Illinois at the time of | 2 | | a foal's
conception, and such stallion must not stand for | 3 | | service at any place, nor
may semen from such stallion be | 4 | | transported,
outside the State of Illinois during that calendar | 5 | | year in which the
foal is conceived and that the owner of the | 6 | | stallion was for the
12
months prior, a resident of Illinois.
| 7 | | The articles of agreement of any partnership, joint venture, | 8 | | limited
partnership, syndicate, association or corporation and | 9 | | any bylaws and stock
certificates must contain a restriction | 10 | | that provides that the ownership or
transfer of interest by any | 11 | | one of the persons a party to the agreement can
only be made to | 12 | | a person who qualifies as an Illinois resident.
| 13 | | 2. Provide for the registration of Illinois conceived and | 14 | | foaled
horses and no such horse shall compete in the races | 15 | | limited to Illinois
conceived and foaled horses unless | 16 | | registered with the Department of
Agriculture. The Department | 17 | | of Agriculture may prescribe such forms as
may be necessary to | 18 | | determine the eligibility of such horses. No person
shall | 19 | | knowingly prepare or cause preparation of an application for
| 20 | | registration of such foals containing false information.
A mare | 21 | | (dam) must be in the state at least 30 days prior to foaling or
| 22 | | remain in the State at least 30 days at the time of foaling.
| 23 | | Beginning with the 1996 breeding season and for foals of 1997 | 24 | | and thereafter,
a foal conceived by transported fresh semen may | 25 | | be eligible for Illinois
conceived and foaled registration | 26 | | provided all breeding and foaling
requirements are met. The |
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| 1 | | stallion must be qualified for Illinois Standardbred
Breeders | 2 | | Fund breeding at the time of conception and the mare must be
| 3 | | inseminated within the State of Illinois. The foal must be | 4 | | dropped in Illinois
and properly registered with the Department | 5 | | of Agriculture in accordance with
this Act.
| 6 | | 3. Provide that at least a 5 day racing program shall be | 7 | | conducted
at the State Fair each year, which program shall | 8 | | include at least the
following races limited to Illinois | 9 | | conceived and foaled horses: (a) a
two year old Trot and Pace, | 10 | | and Filly Division of each; (b) a three
year old Trot and Pace, | 11 | | and Filly Division of each; (c) an aged Trot and Pace,
and Mare | 12 | | Division of each.
| 13 | | 4. Provide for the payment of nominating, sustaining and | 14 | | starting
fees for races promoting the sport of harness racing | 15 | | and for the races
to be conducted at the State Fair as provided | 16 | | in
subsection (j) 3 of this Section provided that the | 17 | | nominating,
sustaining and starting payment required from an | 18 | | entrant shall not
exceed 2% of the purse of such race. All | 19 | | nominating, sustaining and
starting payments shall be held for | 20 | | the benefit of entrants and shall be
paid out as part of the | 21 | | respective purses for such races.
Nominating, sustaining and | 22 | | starting fees shall be held in trust accounts
for the purposes | 23 | | as set forth in this Act and in accordance with Section
205-15 | 24 | | of the Department of Agriculture Law (20 ILCS
205/205-15).
| 25 | | 5. Provide for the registration with the Department of | 26 | | Agriculture
of Colt Associations or county fairs desiring to |
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| 1 | | sponsor races at county
fairs.
| 2 | | (k) The Department of Agriculture, with the advice and | 3 | | assistance of the
Illinois
Standardbred Breeders Fund Advisory | 4 | | Board, may allocate monies for purse
supplements for such | 5 | | races. In determining whether to allocate money and
the amount, | 6 | | the Department
of Agriculture shall consider factors, | 7 | | including but not limited to, the
amount of money appropriated | 8 | | for the Illinois Standardbred Breeders Fund
program, the number | 9 | | of races that may occur, and an organizational
licensee's purse | 10 | | structure. The organizational licensee shall notify the
| 11 | | Department of Agriculture of the conditions and minimum purses | 12 | | for races
limited to Illinois conceived and foaled horses to be | 13 | | conducted by each
organizational licensee conducting a harness | 14 | | racing meeting for which purse
supplements have been | 15 | | negotiated.
| 16 | | (l) All races held at county fairs and the State Fair which | 17 | | receive funds
from the Illinois Standardbred Breeders Fund | 18 | | shall be conducted in
accordance with the rules of the United | 19 | | States Trotting Association unless
otherwise modified by the | 20 | | Department of Agriculture.
| 21 | | (m) At all standardbred race meetings held or conducted | 22 | | under authority of a
license granted by the Board, and at all | 23 | | standardbred races held at county
fairs which are approved by | 24 | | the Department of Agriculture or at the
Illinois or DuQuoin | 25 | | State Fairs, no one shall jog, train, warm up or drive
a | 26 | | standardbred horse unless he or she is wearing a protective |
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| 1 | | safety helmet,
with the
chin strap fastened and in place, which | 2 | | meets the standards and
requirements as set forth in the 1984 | 3 | | Standard for Protective Headgear for
Use in Harness Racing and | 4 | | Other Equestrian Sports published by the Snell
Memorial | 5 | | Foundation, or any standards and requirements for headgear the
| 6 | | Illinois Racing Board may approve. Any other standards and | 7 | | requirements so
approved by the Board shall equal or exceed | 8 | | those published by the Snell
Memorial Foundation. Any | 9 | | equestrian helmet bearing the Snell label shall
be deemed to | 10 | | have 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 | 13 | | becoming law.
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