Full Text of HB3667 101st General Assembly
HB3667enr 101ST GENERAL ASSEMBLY |
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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 cannot be
had among horses of that class | 5 | | on any day, the races may, with consent
of the Board, be | 6 | | eliminated for that day and substitute races provided.
| 7 | | (d) There is hereby created a special fund of the State | 8 | | Treasury to
be known as the Illinois Standardbred Breeders | 9 | | Fund.
| 10 | | During the calendar year 1981, and each year thereafter, | 11 | | except as provided
in subsection (g) of Section 27 of this Act, | 12 | | eight and one-half
per cent of all the monies received by the | 13 | | State as privilege taxes on
harness racing meetings shall be | 14 | | paid into the Illinois Standardbred
Breeders Fund.
| 15 | | (e) The Illinois Standardbred Breeders Fund shall be | 16 | | administered by
the Department of Agriculture with the | 17 | | assistance and advice of the
Advisory Board created in | 18 | | 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,
| 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.
| 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.
| 3 | | (g) No monies shall be expended from the Illinois | 4 | | Standardbred
Breeders Fund except as appropriated by the | 5 | | General Assembly. Monies
appropriated from the Illinois | 6 | | Standardbred Breeders Fund shall be
expended by the Department | 7 | | of Agriculture, with the assistance and
advice of the Illinois | 8 | | Standardbred Breeders Fund Advisory Board for the
following | 9 | | purposes only:
| 10 | | 1. To provide purses for races limited to Illinois | 11 | | conceived and
foaled horses at the 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 conceived | 22 | | and foaled horses which
win races conducted by organization | 23 | | licensees
conducting harness racing meetings.
A breeder is | 24 | | the owner of a mare at the time of conception. No more
than | 25 | | 10% of all monies appropriated from the Illinois
| 26 | | Standardbred Breeders Fund shall
be expended for such |
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| 1 | | harness breeders awards. No more than 25% of the
amount | 2 | | expended for harness breeders awards shall be expended for
| 3 | | expenses incurred in the administration of such harness | 4 | | 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.
| 10 | | (h) Whenever the Governor finds that the amount in the | 11 | | Illinois
Standardbred Breeders Fund is more than the total of | 12 | | the outstanding
appropriations from such fund, the Governor | 13 | | shall notify the State
Comptroller and the State Treasurer of | 14 | | such fact. The Comptroller and
the State Treasurer, upon | 15 | | receipt of such notification, shall transfer
such excess amount | 16 | | from the Illinois Standardbred Breeders Fund to the
General | 17 | | Revenue Fund.
| 18 | | (i) A sum equal to 12 1/2% of the first prize money of | 19 | | every purse
won by an Illinois conceived and foaled horse shall | 20 | | be paid by the
organization licensee conducting the horse race | 21 | | meeting to the breeder
of such winning horse from the | 22 | | organization licensee's share of the
money wagered.
Such | 23 | | payment
shall not reduce any award to the owner of
the horse or | 24 | | reduce the taxes payable under this Act. Such payment
shall be | 25 | | delivered by the organization licensee at the end of each race
| 26 | | meeting.
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| 1 | | (j) The Department of Agriculture shall, by rule, with the
| 2 | | assistance and advice of the Illinois Standardbred Breeders | 3 | | Fund
Advisory Board:
| 4 | | 1. Qualify stallions for Illinois Standardbred | 5 | | Breeders Fund breeding; such stallion
shall be owned by a | 6 | | resident of the State of Illinois or by an Illinois
| 7 | | corporation all of whose shareholders, directors, officers | 8 | | and
incorporators are residents of the State of Illinois. | 9 | | Such stallion shall
stand for
service at and within the | 10 | | State of Illinois at the time of a foal's
conception, and | 11 | | such stallion must not stand for service at any place, nor
| 12 | | may semen from such stallion be transported,
outside the | 13 | | State of Illinois during that calendar year in which the
| 14 | | foal is conceived and that the owner of the stallion was | 15 | | for the
12
months prior, a resident of Illinois. However, | 16 | | from January 1, 2018 until January 1, 2022, semen from an | 17 | | Illinois stallion may be transported outside the State of | 18 | | Illinois.
The articles of agreement of any partnership, | 19 | | joint venture, limited
partnership, syndicate, association | 20 | | or corporation and any bylaws and stock
certificates must | 21 | | contain a restriction that provides that the ownership or
| 22 | | transfer of interest by any one of the persons a party to | 23 | | the agreement can
only be made to a person who qualifies as | 24 | | an Illinois resident.
| 25 | | 2. Provide for the registration of Illinois conceived | 26 | | and foaled
horses and no such horse shall compete in the |
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| 1 | | races limited to Illinois
conceived and foaled horses | 2 | | unless registered with the Department of
Agriculture. The | 3 | | Department of Agriculture may prescribe such forms as
may | 4 | | be necessary to determine the eligibility of such horses. | 5 | | No person
shall knowingly prepare or cause preparation of | 6 | | an application for
registration of such foals containing | 7 | | false information.
A mare (dam) must be in the State at | 8 | | least 30 days prior to foaling or
remain in the State at | 9 | | least 30 days at the time of foaling. However, the | 10 | | requirement that a mare (dam) must be in the State at least | 11 | | 30 days before foaling or remain in the State at least 30 | 12 | | days at the time of foaling shall not be in effect from | 13 | | January 1, 2018 until January 1, 2022.
Beginning with the | 14 | | 1996 breeding season and for foals of 1997 and thereafter,
| 15 | | a foal conceived by transported semen may be eligible for | 16 | | Illinois
conceived and foaled registration provided all | 17 | | breeding and foaling
requirements are met. The stallion | 18 | | must be qualified for Illinois Standardbred
Breeders Fund | 19 | | breeding at the time of conception and the mare must be
| 20 | | inseminated within the State of Illinois. The foal must be | 21 | | dropped in Illinois
and properly registered with the | 22 | | Department of Agriculture in accordance with
this Act. | 23 | | However, from January 1, 2018 until January 1, 2022, the | 24 | | requirement for a mare to be inseminated within the State | 25 | | of Illinois and the requirement for a foal to be dropped in | 26 | | Illinois are inapplicable.
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| 1 | | 3. Provide that at least a 5-day 5 day racing program | 2 | | shall be conducted
at the State Fair each year , unless an | 3 | | alternate racing program is requested by the Illinois | 4 | | Standardbred Breeders Fund Advisory Board , which program | 5 | | shall include at least the
following races limited to | 6 | | Illinois conceived and foaled horses: (a) a
two year old | 7 | | Trot and Pace, and Filly Division of each; (b) a three
year | 8 | | old Trot and Pace, and Filly Division of each; (c) an aged | 9 | | Trot and Pace,
and Mare Division of each.
| 10 | | 4. Provide for the payment of nominating, sustaining | 11 | | and starting
fees for races promoting the sport of harness | 12 | | racing and for the races
to be conducted at the State Fair | 13 | | as provided in
subsection (j) 3 of this Section provided | 14 | | that the nominating,
sustaining and starting payment | 15 | | required from an entrant shall not
exceed 2% of the purse | 16 | | of such race. All nominating, sustaining and
starting | 17 | | payments shall be held for the benefit of entrants and | 18 | | shall be
paid out as part of the respective purses for such | 19 | | races.
Nominating, sustaining and starting fees shall be | 20 | | held in trust accounts
for the purposes as set forth in | 21 | | this Act and in accordance with Section
205-15 of the | 22 | | Department of Agriculture Law (20 ILCS
205/205-15).
| 23 | | 5. Provide for the registration with the Department of | 24 | | Agriculture
of Colt Associations or county fairs desiring | 25 | | to sponsor races at county
fairs.
| 26 | | (k) The Department of Agriculture, with the advice and |
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| 1 | | assistance of the
Illinois
Standardbred Breeders Fund Advisory | 2 | | Board, may allocate monies for purse
supplements for such | 3 | | races. In determining whether to allocate money and
the amount, | 4 | | the Department
of Agriculture shall consider factors, | 5 | | including but not limited to, the
amount of money appropriated | 6 | | for the Illinois Standardbred Breeders Fund
program, the number | 7 | | of races that may occur, and an organizational
licensee's purse | 8 | | structure. The organizational licensee shall notify the
| 9 | | Department of Agriculture of the conditions and minimum purses | 10 | | for races
limited to Illinois conceived and foaled horses to be | 11 | | conducted by each
organizational licensee conducting a harness | 12 | | racing meeting for which purse
supplements have been | 13 | | negotiated.
| 14 | | (l) All races held at county fairs and the State Fair which | 15 | | receive funds
from the Illinois Standardbred Breeders Fund | 16 | | shall be conducted in
accordance with the rules of the United | 17 | | States Trotting Association unless
otherwise modified by the | 18 | | Department of Agriculture.
| 19 | | (m) At all standardbred race meetings held or conducted | 20 | | under authority of a
license granted by the Board, and at all | 21 | | standardbred races held at county
fairs which are approved by | 22 | | the Department of Agriculture or at the
Illinois or DuQuoin | 23 | | State Fairs, no one shall jog, train, warm up or drive
a | 24 | | standardbred horse unless he or she is wearing a protective | 25 | | safety helmet,
with the
chin strap fastened and in place, which | 26 | | meets the standards and
requirements as set forth in the 1984 |
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| 1 | | Standard for Protective Headgear for
Use in Harness Racing and | 2 | | Other Equestrian Sports published by the Snell
Memorial | 3 | | Foundation, or any standards and requirements for headgear the
| 4 | | Illinois Racing Board may approve. Any other standards and | 5 | | requirements so
approved by the Board shall equal or exceed | 6 | | those published by the Snell
Memorial Foundation. Any | 7 | | equestrian helmet bearing the Snell label shall
be deemed to | 8 | | have met those standards and requirements.
| 9 | | (Source: P.A. 99-756, eff. 8-12-16; 100-777, eff. 8-10-18.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.
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