Full Text of SB0935 94th General Assembly
SB0935 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB0935
Introduced 2/18/2005, by Sen. Ira I. Silverstein - Emil Jones, Jr. SYNOPSIS AS INTRODUCED: |
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230 ILCS 5/30 |
from Ch. 8, par. 37-30 |
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Amends the Illinois Horse Racing Act of 1975. Makes a technical change in a
Section concerning thoroughbred horses.
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A BILL FOR
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SB0935 |
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LRB094 04572 AMC 34601 b |
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| AN ACT concerning gaming.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Horse Racing Act of 1975 is amended | 5 |
| by changing Section 30 as follows:
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| (230 ILCS 5/30) (from Ch. 8, par. 37-30)
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| Sec. 30. (a) The
The General Assembly declares that it is | 8 |
| the policy of
this State to encourage the breeding of | 9 |
| thoroughbred horses in this
State and the ownership of such | 10 |
| horses by residents of this State in
order to provide for: | 11 |
| sufficient numbers of high quality thoroughbred
horses to | 12 |
| participate in thoroughbred racing meetings in this State,
and | 13 |
| to establish and preserve the agricultural and commercial | 14 |
| benefits
of such breeding and racing industries to the State of | 15 |
| Illinois. It is
the intent of the General Assembly to further | 16 |
| this policy by the
provisions of this Act. | 17 |
| (b) Each organization licensee conducting a thoroughbred
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| racing meeting
pursuant to this Act shall provide at least two | 19 |
| races each day limited
to Illinois conceived and foaled horses | 20 |
| or Illinois foaled horses or
both. A minimum of 6 races shall | 21 |
| be conducted each week limited to
Illinois conceived and foaled | 22 |
| or Illinois foaled horses or both. No
horses shall be permitted | 23 |
| to start in such races unless duly registered
under the rules | 24 |
| of the Department of Agriculture.
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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 | 27 |
| Illinois conceived and foaled
and Illinois foaled horses
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| available. If, however, sufficient competition cannot be had | 29 |
| among
horses of that class on any day, the races may, with | 30 |
| consent of the
Board, be eliminated for that day and substitute | 31 |
| 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 Thoroughbred Breeders | 2 |
| Fund.
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| Except as provided in subsection (g) of Section 27 of this | 4 |
| Act, 8.5% of all
the monies received by the State as
privilege | 5 |
| taxes on Thoroughbred racing meetings shall be paid into the | 6 |
| Illinois
Thoroughbred Breeders Fund.
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| (e) The Illinois Thoroughbred Breeders Fund shall be | 8 |
| administered by
the Department of Agriculture
with the advice | 9 |
| and assistance of the
Advisory Board created in subsection (f) | 10 |
| of this Section.
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| (f) The Illinois Thoroughbred Breeders Fund Advisory Board | 12 |
| shall
consist of the Director of the Department of Agriculture, | 13 |
| who shall
serve as Chairman; a member of the Illinois Racing | 14 |
| Board, designated by
it; 2 representatives of the organization | 15 |
| licensees
conducting thoroughbred
racing meetings, recommended | 16 |
| by them; 2 representatives of the Illinois
Thoroughbred | 17 |
| Breeders and Owners Foundation, recommended by it; and 2
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| representatives of the Horsemen's Benevolent Protective | 19 |
| Association or any
successor organization established in | 20 |
| Illinois comprised of the largest number
of owners and | 21 |
| trainers,
recommended
by it, with one representative of the | 22 |
| Horsemen's Benevolent and Protective
Association to come from | 23 |
| its Illinois Division, and one from its Chicago
Division. | 24 |
| Advisory Board members shall serve for 2 years commencing | 25 |
| January 1
of
each odd numbered year. If representatives of the | 26 |
| organization licensees
conducting thoroughbred racing | 27 |
| meetings, the Illinois Thoroughbred Breeders and
Owners | 28 |
| Foundation, and the Horsemen's Benevolent Protection | 29 |
| Association have
not been recommended by January 1, of each odd | 30 |
| numbered year, the Director of
the Department of Agriculture | 31 |
| shall make an appointment for the organization
failing to so | 32 |
| recommend a member of the Advisory Board. Advisory Board | 33 |
| members
shall receive no compensation for their services as | 34 |
| members but shall be
reimbursed for all actual and necessary | 35 |
| expenses and disbursements incurred in
the execution of their | 36 |
| official duties.
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| (g) No monies shall be expended from the Illinois | 2 |
| Thoroughbred
Breeders Fund except as appropriated by the | 3 |
| General Assembly. Monies
appropriated from the Illinois | 4 |
| Thoroughbred Breeders Fund shall be
expended by the Department | 5 |
| of Agriculture,
with the advice and
assistance of the Illinois | 6 |
| Thoroughbred Breeders Fund Advisory Board,
for the following | 7 |
| purposes only:
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| (1) To provide purse supplements to owners of horses | 9 |
| participating
in races limited to Illinois conceived and | 10 |
| foaled and Illinois foaled
horses. Any such purse | 11 |
| supplements shall not be included in and shall
be paid in | 12 |
| addition to any purses, stakes, or breeders' awards offered
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| by each organization licensee as determined by agreement | 14 |
| between such
organization licensee and an organization | 15 |
| representing the horsemen. No
monies from the Illinois | 16 |
| Thoroughbred Breeders Fund shall be used to provide
purse | 17 |
| supplements for claiming races in which the minimum | 18 |
| claiming price is
less than $7,500.
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| (2) To provide stakes and awards to be paid to the | 20 |
| owners of the
winning horses in certain races limited to | 21 |
| Illinois conceived and foaled
and Illinois foaled horses | 22 |
| designated as stakes races.
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| (2.5) To provide an award to the owner or owners of an | 24 |
| Illinois
conceived and foaled or Illinois foaled horse that | 25 |
| wins a
maiden special weight, an allowance, overnight | 26 |
| handicap race, or
claiming race with claiming price of | 27 |
| $10,000 or more providing the race
is not restricted
to | 28 |
| Illinois conceived and foaled or Illinois foaled horses.
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| Awards shall
also be provided to the owner or owners of | 30 |
| Illinois conceived and foaled and
Illinois foaled horses | 31 |
| that place second or third in those races. To the
extent
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| that additional moneys are required to pay the minimum | 33 |
| additional awards of 40%
of the purse the horse earns for | 34 |
| placing first, second or third in those races
for Illinois | 35 |
| foaled horses and of 60% of the purse the horse earns for | 36 |
| placing
first, second or third in those races for Illinois
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| conceived and foaled horses, those moneys shall be provided | 2 |
| from the purse
account at the track where earned.
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| (3) To provide stallion awards to the owner or owners | 4 |
| of any
stallion that is duly registered with the Illinois | 5 |
| Thoroughbred Breeders
Fund Program prior to the effective | 6 |
| date of this amendatory Act of 1995 whose
duly registered | 7 |
| Illinois conceived and foaled offspring wins a race | 8 |
| conducted
at an Illinois
thoroughbred racing meeting other | 9 |
| than a claiming race. Such
award
shall not be paid to the | 10 |
| owner or owners of an Illinois stallion that served
outside | 11 |
| this State at any time during the calendar year in which | 12 |
| such race was
conducted.
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| (4) To provide $75,000 annually for purses to be
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| distributed to
county fairs that provide for the running of | 15 |
| races during each county
fair exclusively for the | 16 |
| thoroughbreds conceived and foaled in
Illinois. The | 17 |
| conditions of the races shall be developed by the county
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| fair association and reviewed by the Department with the | 19 |
| advice and
assistance of
the Illinois Thoroughbred | 20 |
| Breeders Fund Advisory Board. There shall be no
wagering of | 21 |
| any kind on the running
of
Illinois conceived and foaled | 22 |
| races at county fairs.
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| (4.1) To provide purse money for an Illinois stallion | 24 |
| stakes program.
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| (5) No less than 80% of all monies appropriated from | 26 |
| the Illinois
Thoroughbred Breeders Fund shall be expended | 27 |
| for the purposes in (1), (2),
(2.5), (3), (4), (4.1), and | 28 |
| (5) as shown above.
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| (6) To provide for educational programs regarding the | 30 |
| thoroughbred
breeding industry.
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| (7) To provide for research programs concerning the | 32 |
| health,
development and care of the thoroughbred horse.
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| (8) To provide for a scholarship and training program | 34 |
| for students
of equine veterinary medicine.
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| (9) To provide for dissemination of public information | 36 |
| designed to
promote the breeding of thoroughbred horses in |
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| Illinois.
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| (10) To provide for all expenses incurred in the | 3 |
| administration of
the Illinois Thoroughbred Breeders Fund.
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| (h) Whenever the Governor finds that the amount in the | 5 |
| Illinois
Thoroughbred Breeders Fund is more than the total of | 6 |
| the outstanding
appropriations from such fund, the Governor | 7 |
| shall notify the State
Comptroller and the State Treasurer of | 8 |
| such fact. The Comptroller and
the State Treasurer, upon | 9 |
| receipt of such notification, shall transfer
such excess amount | 10 |
| from the Illinois Thoroughbred Breeders Fund to the
General | 11 |
| Revenue Fund.
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| (i) A sum equal to 12 1/2% of the first prize money of | 13 |
| every purse
won by an Illinois foaled or an Illinois conceived | 14 |
| and foaled horse in
races not limited to Illinois foaled horses | 15 |
| or Illinois conceived and
foaled horses, or both, shall be paid | 16 |
| by the organization licensee
conducting the horse race meeting. | 17 |
| Such sum shall be paid from the organization
licensee's share | 18 |
| of the money wagered as follows: 11 1/2% to the breeder of
the | 19 |
| winning horse and 1% to the organization representing | 20 |
| thoroughbred breeders
and owners whose representative serves | 21 |
| on the Illinois Thoroughbred Breeders
Fund Advisory Board for | 22 |
| verifying the amounts of breeders' awards earned,
assuring | 23 |
| their distribution in accordance with this Act, and servicing | 24 |
| and
promoting the Illinois thoroughbred horse racing industry. | 25 |
| The
organization representing thoroughbred breeders and owners | 26 |
| shall cause all
expenditures of monies received under this | 27 |
| subsection (i) to be audited
at least annually by a registered | 28 |
| public accountant. The organization
shall file copies of each | 29 |
| annual audit with the Racing Board, the Clerk of
the House of | 30 |
| Representatives and the Secretary of the Senate, and shall
make | 31 |
| copies of each annual audit available to the public upon | 32 |
| request
and upon payment of the reasonable cost of photocopying | 33 |
| the requested
number of copies. Such payments shall not reduce | 34 |
| any award to the owner of the
horse or reduce the taxes payable | 35 |
| under this Act. Upon completion of its
racing meet, each | 36 |
| organization licensee shall deliver to the organization
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| representing thoroughbred breeders and owners whose | 2 |
| representative serves on
the Illinois Thoroughbred Breeders | 3 |
| Fund Advisory Board a listing of all the
Illinois foaled and | 4 |
| the Illinois conceived and foaled horses which won
breeders' | 5 |
| awards and the amount of such breeders' awards under this | 6 |
| subsection
to verify accuracy of payments and assure proper | 7 |
| distribution of breeders'
awards in accordance with the | 8 |
| provisions of this Act. Such payments shall be
delivered by the | 9 |
| organization licensee within 30 days of the end of each race
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| meeting.
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| (j) A sum equal to 12 1/2% of the first prize money won in | 12 |
| each race
limited to Illinois foaled horses or Illinois | 13 |
| conceived and foaled
horses, or both, shall be paid in the | 14 |
| following manner by the
organization licensee conducting the | 15 |
| horse race meeting, from the
organization licensee's share of | 16 |
| the money wagered: 11 1/2% to the breeders of
the horses in | 17 |
| each such race which are the official first, second, third
and | 18 |
| fourth finishers and 1% to the organization representing | 19 |
| thoroughbred
breeders and owners whose representative serves | 20 |
| on the Illinois Thoroughbred
Breeders Fund Advisory Board for | 21 |
| verifying the amounts of breeders' awards
earned, assuring | 22 |
| their proper distribution in accordance with this Act, and
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| servicing and promoting the Illinois thoroughbred horse racing | 24 |
| industry. The
organization representing thoroughbred breeders | 25 |
| and owners shall cause all
expenditures of monies received | 26 |
| under this subsection (j) to be audited
at least annually by a | 27 |
| registered public accountant. The organization
shall file | 28 |
| copies of each annual audit with the Racing Board, the Clerk of
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| the House of Representatives and the Secretary of the Senate, | 30 |
| and shall
make copies of each annual audit available to the | 31 |
| public upon request
and upon payment of the reasonable cost of | 32 |
| photocopying the requested
number of copies.
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| The 11 1/2% paid to the breeders in accordance with this | 34 |
| subsection
shall be distributed as follows:
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| (1) 60% of such sum shall be paid to the breeder of the | 36 |
| horse which
finishes in the official first position;
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| (2) 20% of such sum shall be paid to the breeder of the | 2 |
| horse which
finishes in the official second position;
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| (3) 15% of such sum shall be paid to the breeder of the | 4 |
| horse which
finishes in the official third position; and
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| (4) 5% of such sum shall be paid to the breeder of the | 6 |
| horse which
finishes in the official fourth position.
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| Such payments shall not reduce any award to the owners of a | 8 |
| horse or
reduce the taxes payable under this Act. Upon | 9 |
| completion of its racing meet,
each organization licensee shall | 10 |
| deliver to the organization representing
thoroughbred breeders | 11 |
| and owners whose representative serves on the Illinois
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| Thoroughbred Breeders Fund Advisory Board a listing of all the | 13 |
| Illinois foaled
and the Illinois conceived and foaled horses | 14 |
| which won breeders' awards and the
amount of such breeders' | 15 |
| awards in accordance with the provisions of this Act.
Such | 16 |
| payments shall be delivered by the organization licensee within | 17 |
| 30 days of
the end of each race meeting.
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| (k) The term "breeder", as used herein, means the owner of | 19 |
| the mare at
the time the foal is dropped. An "Illinois foaled | 20 |
| horse" is a foal
dropped by a mare which enters this State on | 21 |
| or before December 1, in the
year in which the horse is bred,
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| provided the mare remains continuously in this State until its | 23 |
| foal is born. An
"Illinois
foaled
horse" also means a foal born | 24 |
| of a mare in the same year
as the
mare enters this State on or | 25 |
| before March 1,
and remains in this State at
least 30
days | 26 |
| after foaling, is bred back during the season of the foaling to
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| an
Illinois Registered Stallion (unless a veterinarian | 28 |
| certifies that the mare
should not be bred for health reasons), | 29 |
| and is not bred to a stallion
standing in any other state | 30 |
| during the season of foaling. An "Illinois
foaled horse" also | 31 |
| means a foal born in Illinois of a mare purchased at public
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| auction
subsequent to the mare entering this State prior to | 33 |
| February 1 of the foaling
year providing the mare is owned | 34 |
| solely by one or more Illinois residents or an
Illinois
entity | 35 |
| that is entirely owned by one or more Illinois residents.
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| (l) The Department of Agriculture shall, by rule, with the |
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| advice
and assistance of the Illinois Thoroughbred Breeders | 2 |
| Fund Advisory
Board:
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| (1) Qualify stallions for Illinois breeding; such | 4 |
| stallions to stand for
service within the State of Illinois | 5 |
| at the time of a foal's conception. Such
stallion must not | 6 |
| stand for service at any place outside the State of | 7 |
| Illinois
during the calendar year in which the foal is | 8 |
| conceived.
The Department of Agriculture may assess and | 9 |
| collect application fees for the
registration of | 10 |
| Illinois-eligible stallions. All fees collected are to be | 11 |
| paid
into the Illinois Thoroughbred Breeders Fund.
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| (2) Provide for the registration of Illinois conceived | 13 |
| and foaled
horses and Illinois foaled horses. No such horse | 14 |
| shall compete in
the races limited to Illinois conceived | 15 |
| and foaled horses or Illinois
foaled horses or both unless | 16 |
| registered with the Department of
Agriculture. The | 17 |
| Department of Agriculture may prescribe such forms as
are | 18 |
| necessary to determine the eligibility of such horses. The | 19 |
| Department of
Agriculture may assess and collect | 20 |
| application fees for the registration of
Illinois-eligible | 21 |
| foals. All fees collected are to be paid into the Illinois
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| Thoroughbred Breeders Fund. No person
shall knowingly | 23 |
| prepare or cause preparation of an application for
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| registration of such foals containing false information.
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| (m) The Department of Agriculture, with the advice and | 26 |
| assistance of
the Illinois Thoroughbred Breeders Fund Advisory | 27 |
| Board, shall provide that certain races
limited to Illinois | 28 |
| conceived and foaled and Illinois foaled horses be
stakes races | 29 |
| and determine the total amount of stakes and awards to be paid
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| to the owners of the winning horses in such races.
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| In determining the stakes races and the amount of awards | 32 |
| for such races,
the Department of Agriculture shall consider | 33 |
| factors, including but not
limited to, the amount of money | 34 |
| appropriated for the Illinois Thoroughbred
Breeders Fund | 35 |
| program, organization licensees' contributions,
availability | 36 |
| of stakes caliber horses as demonstrated by past performances,
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| whether the race can be coordinated into the proposed racing | 2 |
| dates within
organization licensees' racing dates, opportunity | 3 |
| for
colts and fillies
and various age groups to race, public | 4 |
| wagering on such races, and the
previous racing schedule.
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| (n) The Board and the organizational licensee shall
notify | 6 |
| the Department of the conditions and minimum purses for races
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| limited to Illinois conceived and foaled and Illinois foaled | 8 |
| horses
conducted for each organizational licensee conducting a | 9 |
| thoroughbred racing
meeting. The Department of Agriculture | 10 |
| with the advice and assistance of
the Illinois Thoroughbred | 11 |
| Breeders Fund Advisory Board may allocate monies
for purse | 12 |
| supplements for such races. In determining whether to allocate
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| money and the amount, the Department of Agriculture shall | 14 |
| consider factors,
including but not limited to, the amount of | 15 |
| money appropriated for the
Illinois Thoroughbred Breeders Fund | 16 |
| program, the number of races that may
occur, and the | 17 |
| organizational licensee's purse structure.
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| (o) In order to improve the breeding quality of | 19 |
| thoroughbred horses in the
State, the General Assembly | 20 |
| recognizes that existing provisions of this Section
to | 21 |
| encourage such quality breeding need to be revised and | 22 |
| strengthened. As
such, a Thoroughbred Breeder's Program Task | 23 |
| Force is to be appointed by the
Governor by September 1, 1999 | 24 |
| to make recommendations to the General Assembly
by
no later | 25 |
| than March 1, 2000.
This task force is to be composed of 2 | 26 |
| representatives from the Illinois
Thoroughbred Breeders and | 27 |
| Owners Foundation, 2 from the Illinois Thoroughbred
Horsemen's | 28 |
| Association, 3 from Illinois race tracks operating | 29 |
| thoroughbred
race meets for an average of at least 30 days in | 30 |
| the past 3 years, the Director
of Agriculture, the Executive | 31 |
| Director of the Racing Board, who shall serve as
Chairman.
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| (Source: P.A. 91-40, eff. 6-25-99.)
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