[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
|[ Introduced ]|
92_HB0776eng HB0776 Engrossed LRB9206610LDpr 1 AN ACT in relation to gambling. 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 5 amended by changing Section 30 as follows: 6 (230 ILCS 5/30) (from Ch. 8, par. 37-30) 7 Sec. 30. (a) 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, 13 and to establish and preserve the agricultural and commercial 14 benefits of such breeding and racing industries to the State 15 of Illinois. It is the intent of the General Assembly to 16 further this policy by the provisions of this Act. 17 (b) Each organization licensee conducting a thoroughbred 18 racing meeting pursuant to this Act shall provide at least 19 two races each day limited to Illinois conceived and foaled 20 horses or Illinois foaled horses or both. A minimum of 6 21 races shall be conducted each week limited to Illinois 22 conceived and foaled or Illinois foaled horses or both. No 23 horses shall be permitted to start in such races unless duly 24 registered under the rules of the Department of Agriculture. 25 (c) Conditions of races under subsection (b) shall be 26 commensurate with past performance, quality, and class of 27 Illinois conceived and foaled and Illinois foaled horses 28 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 31 substitute races provided. HB0776 Engrossed -2- LRB9206610LDpr 1 (d) There is hereby created a special fund of the State 2 Treasury to be known as the Illinois Thoroughbred Breeders 3 Fund. 4 Except as provided in subsection (g) of Section 27 of 5 this Act, 8.5% of all the monies received by the State as 6 privilege taxes on Thoroughbred racing meetings shall be paid 7 into the Illinois Thoroughbred Breeders Fund. 8 (e) The Illinois Thoroughbred Breeders Fund shall be 9 administered by the Department of Agriculture with the advice 10 and assistance of the Advisory Board created in subsection 11 (f) of this Section. 12 (f) The Illinois Thoroughbred Breeders Fund Advisory 13 Board shall consist of the Director of the Department of 14 Agriculture, who shall serve as Chairman; a member of the 15 Illinois Racing Board, designated by it; 2 representatives of 16 the organization licensees conducting thoroughbred racing 17 meetings, recommended by them; 2 representatives of the 18 Illinois Thoroughbred Breeders and Owners Foundation, 19 recommended by it; and 2 representatives of the Horsemen's 20 Benevolent Protective Association or any successor 21 organization established in Illinois comprised of the largest 22 number of owners and trainers, recommended by it, with one 23 representative of the Horsemen's Benevolent and Protective 24 Association to come from its Illinois Division, and one from 25 its Chicago Division. Advisory Board members shall serve for 26 2 years commencing January 1 of each odd numbered year. If 27 representatives of the organization licensees conducting 28 thoroughbred racing meetings, the Illinois Thoroughbred 29 Breeders and Owners Foundation, and the Horsemen's Benevolent 30 Protection Association have not been recommended by January 31 1, of each odd numbered year, the Director of the Department 32 of Agriculture shall make an appointment for the organization 33 failing to so recommend a member of the Advisory Board. 34 Advisory Board members shall receive no compensation for HB0776 Engrossed -3- LRB9206610LDpr 1 their services as members but shall be reimbursed for all 2 actual and necessary expenses and disbursements incurred in 3 the execution of their official duties. 4 (g) No monies shall be expended from the Illinois 5 Thoroughbred Breeders Fund except as appropriated by the 6 General Assembly. Monies appropriated from the Illinois 7 Thoroughbred Breeders Fund shall be expended by the 8 Department of Agriculture, with the advice and assistance of 9 the Illinois Thoroughbred Breeders Fund Advisory Board, for 10 the following purposes only: 11 (1) To provide purse supplements to owners of 12 horses participating in races limited to Illinois 13 conceived and foaled and Illinois foaled horses. Any 14 such purse supplements shall not be included in and shall 15 be paid in addition to any purses, stakes, or breeders' 16 awards offered by each organization licensee as 17 determined by agreement between such organization 18 licensee and an organization representing the horsemen. 19 No monies from the Illinois Thoroughbred Breeders Fund 20 shall be used to provide purse supplements for claiming 21 races in which the minimum claiming price is less than 22 $7,500. 23 (2) To provide stakes and awards to be paid to the 24 owners of the winning horses in certain races limited to 25 Illinois conceived and foaled and Illinois foaled horses 26 designated as stakes races. 27 (2.5) To provide an award to the owner or owners of 28 an Illinois conceived and foaled or Illinois foaled horse 29 that wins a maiden special weight, an allowance, 30 overnight handicap race, or claiming race with claiming 31 price of $10,000 or more providing the race is not 32 restricted to Illinois conceived and foaled or Illinois 33 foaled horses. Awards shall also be provided to the 34 owner or owners of Illinois conceived and foaled and HB0776 Engrossed -4- LRB9206610LDpr 1 Illinois foaled horses that place second or third in 2 those races. To the extent that additional moneys are 3 required to pay the minimum additional awards of 40% of 4 the purse the horse earns for placing first, second or 5 third in those races for Illinois foaled horses and of 6 60% of the purse the horse earns for placing first, 7 second or third in those races for Illinois conceived and 8 foaled horses, those moneys shall be provided from the 9 purse account at the track where earned. 10 (3) To provide stallion awards to the owner or 11 owners of any stallion that is duly registered with the 12 Illinois Thoroughbred Breeders Fund Program prior to the 13 effective date of this amendatory Act of 1995 whose duly 14 registered Illinois conceived and foaled offspring wins a 15 race conducted at an Illinois thoroughbred racing meeting 16 other than a claiming race. Such award shall not be paid 17 to the owner or owners of an Illinois stallion that 18 served outside this State at any time during the calendar 19 year in which such race was conducted. 20 (4) To provide $75,000 annually for purses to be 21 distributed to county fairs that provide for the running 22 of races during each county fair exclusively for the 23 thoroughbreds conceived and foaled in Illinois. The 24 conditions of the races shall be developed by the county 25 fair association and reviewed by the Department with the 26 advice and assistance of the Illinois Thoroughbred 27 Breeders Fund Advisory Board. There shall be no wagering 28 of any kind on the running of Illinois conceived and 29 foaled races at county fairs. 30 (4.1) To provide purse money for an Illinois 31 stallion stakes program. 32 (5) No less than 80% of all monies appropriated 33 from the Illinois Thoroughbred Breeders Fund shall be 34 expended for the purposes in (1), (2), (2.5), (3), (4), HB0776 Engrossed -5- LRB9206610LDpr 1 (4.1), and (5) as shown above. 2 (6) To provide for educational programs regarding 3 the thoroughbred breeding industry. 4 (7) To provide for research programs concerning the 5 health, development and care of the thoroughbred horse. 6 (8) To provide for a scholarship and training 7 program for students of equine veterinary medicine. 8 (9) To provide for dissemination of public 9 information designed to promote the breeding of 10 thoroughbred horses in Illinois. 11 (10) To provide for all expenses incurred in the 12 administration of the Illinois Thoroughbred Breeders 13 Fund. 14 (h) Whenever the Governor finds that the amount in the 15 Illinois Thoroughbred Breeders Fund is more than the total of 16 the outstanding appropriations from such fund, the Governor 17 shall notify the State Comptroller and the State Treasurer of 18 such fact. The Comptroller and the State Treasurer, upon 19 receipt of such notification, shall transfer such excess 20 amount from the Illinois Thoroughbred Breeders Fund to the 21 General Revenue Fund. 22 (i) A sum equal to 12 1/2% of the first prize money of 23 every purse won by an Illinois foaled or an Illinois 24 conceived and foaled horse in races not limited to Illinois 25 foaled horses or Illinois conceived and foaled horses, or 26 both, shall be paid by the organization licensee conducting 27 the horse race meeting. Such sum shall be paid from the 28 organization licensee's share of the money wagered as 29 follows: 11 1/2% to the breeder of the winning horse and 1% 30 to the organization representing thoroughbred breeders and 31 owners whose representative serves on the Illinois 32 Thoroughbred Breeders Fund Advisory Board for verifying the 33 amounts of breeders' awards earned, assuring their 34 distribution in accordance with this Act, and servicing and HB0776 Engrossed -6- LRB9206610LDpr 1 promoting the Illinois thoroughbred horse racing industry. 2 The organization representing thoroughbred breeders and 3 owners shall cause all expenditures of monies received under 4 this subsection (i) to be audited at least annually by a 5 registered public accountant. The organization shall file 6 copies of each annual audit with the Racing Board, the Clerk 7 of the House of Representatives and the Secretary of the 8 Senate, and shall make copies of each annual audit available 9 to the public upon request and upon payment of the reasonable 10 cost of photocopying the requested number of copies. Such 11 payments shall not reduce any award to the owner of the horse 12 or reduce the taxes payable under this Act. Upon completion 13 of its racing meet, each organization licensee shall deliver 14 to the organization representing thoroughbred breeders and 15 owners whose representative serves on the Illinois 16 Thoroughbred Breeders Fund Advisory Board a listing of all 17 the Illinois foaled and the Illinois conceived and foaled 18 horses which won breeders' awards and the amount of such 19 breeders' awards under this subsection to verify accuracy of 20 payments and assure proper distribution of breeders' awards 21 in accordance with the provisions of this Act. Such payments 22 shall be delivered by the organization licensee within 30 23 days of the end of each race meeting. 24 (j) A sum equal to 12 1/2% of the first prize money won 25 in each race limited to Illinois foaled horses or Illinois 26 conceived and foaled horses, or both, shall be paid in the 27 following manner by the organization licensee conducting the 28 horse race meeting, from the organization licensee's share of 29 the money wagered: 11 1/2% to the breeders of the horses in 30 each such race which are the official first, second, third 31 and fourth finishers and 1% to the organization representing 32 thoroughbred breeders and owners whose representative serves 33 on the Illinois Thoroughbred Breeders Fund Advisory Board for 34 verifying the amounts of breeders' awards earned, assuring HB0776 Engrossed -7- LRB9206610LDpr 1 their proper distribution in accordance with this Act, and 2 servicing and promoting the Illinois thoroughbred horse 3 racing industry. The organization representing thoroughbred 4 breeders and owners shall cause all expenditures of monies 5 received under this subsection (j) to be audited at least 6 annually by a registered public accountant. The organization 7 shall file copies of each annual audit with the Racing Board, 8 the Clerk of the House of Representatives and the Secretary 9 of the Senate, and shall make copies of each annual audit 10 available to the public upon request and upon payment of the 11 reasonable cost of photocopying the requested number of 12 copies. 13 The 11 1/2% paid to the breeders in accordance with this 14 subsection shall be distributed as follows: 15 (1) 60% of such sum shall be paid to the breeder of 16 the horse which finishes in the official first position; 17 (2) 20% of such sum shall be paid to the breeder of 18 the horse which finishes in the official second position; 19 (3) 15% of such sum shall be paid to the breeder of 20 the horse which finishes in the official third position; 21 and 22 (4) 5% of such sum shall be paid to the breeder of 23 the horse which finishes in the official fourth position. 24 Such payments shall not reduce any award to the owners of 25 a horse or reduce the taxes payable under this Act. Upon 26 completion of its racing meet, each organization licensee 27 shall deliver to the organization representing thoroughbred 28 breeders and owners whose representative serves on the 29 Illinois Thoroughbred Breeders Fund Advisory Board a listing 30 of all the Illinois foaled and the Illinois conceived and 31 foaled horses which won breeders' awards and the amount of 32 such breeders' awards in accordance with the provisions of 33 this Act. Such payments shall be delivered by the 34 organization licensee within 30 days of the end of each race HB0776 Engrossed -8- LRB9206610LDpr 1 meeting. 2 (k) The term "breeder", as used herein, means the owner 3 of the mare at the time the foal is dropped. An "Illinois 4 foaled horse" is a foal dropped by a mare which enters this 5 State on or before December 1, in the year in which the horse 6 is bred, provided the mare remains continuously in this State 7 until its foal is born. An "Illinois foaled horse" also means 8 a foal born of a mare in the same year as the mare enters 9 this State on or before March 1, and remains in this State at 10 least 30 days after foaling, is bred back during the season 11 of the foaling to an Illinois Registered Stallion (unless a 12 veterinarian certifies that the mare should not be bred for 13 health reasons), and is not bred to a stallion standing in 14 any other state during the season of foaling. An "Illinois 15 foaled horse" also means a foal born in Illinois of a mare 16 purchased at public auction subsequent to the mare entering 17 this State prior to February 1 of the foaling year providing 18 the mare is owned solely by one or more Illinois residents or 19 an Illinois entity that is entirely owned by one or more 20 Illinois residents. 21 (l) The Department of Agriculture shall, by rule, with 22 the advice and assistance of the Illinois Thoroughbred 23 Breeders Fund Advisory Board: 24 (1) Qualify stallions for Illinois breeding; such 25 stallions to stand for service within the State of 26 Illinois at the time of a foal's conception. Such 27 stallion must not stand for service at any place outside 28 the State of Illinois during the calendar year in which 29 the foal is conceived. The Department of Agriculture may 30 assess and collect application fees for the registration 31 of Illinois-eligible stallions. All fees collected are 32 to be paid into the Illinois Thoroughbred Breeders Fund. 33 (2) Provide for the registration of Illinois 34 conceived and foaled horses and Illinois foaled horses. HB0776 Engrossed -9- LRB9206610LDpr 1 No such horse shall compete in the races limited to 2 Illinois conceived and foaled horses or Illinois foaled 3 horses or both unless registered with the Department of 4 Agriculture. The Department of Agriculture may prescribe 5 such forms as are necessary to determine the eligibility 6 of such horses. The Department of Agriculture may assess 7 and collect application fees for the registration of 8 Illinois-eligible foals. All fees collected are to be 9 paid into the Illinois Thoroughbred Breeders Fund. No 10 person shall knowingly prepare or cause preparation of an 11 application for registration of such foals containing 12 false information. 13 (m) The Department of Agriculture, with the advice and 14 assistance of the Illinois Thoroughbred Breeders Fund 15 Advisory Board, shall provide that certain races limited to 16 Illinois conceived and foaled and Illinois foaled horses be 17 stakes races and determine the total amount of stakes and 18 awards to be paid to the owners of the winning horses in such 19 races. 20 In determining the stakes races and the amount of awards 21 for such races, the Department of Agriculture shall consider 22 factors, including but not limited to, the amount of money 23 appropriated for the Illinois Thoroughbred Breeders Fund 24 program, organization licensees' contributions, availability 25 of stakes caliber horses as demonstrated by past 26 performances, whether the race can be coordinated into the 27 proposed racing dates within organization licensees' racing 28 dates, opportunity for colts and fillies and various age 29 groups to race, public wagering on such races, and the 30 previous racing schedule. 31 (n) The Board and the organizational licensee shall 32 notify the Department of the conditions and minimum purses 33 for races limited to Illinois conceived and foaled and 34 Illinois foaled horses conducted for each organizational HB0776 Engrossed -10- LRB9206610LDpr 1 licensee conducting a thoroughbred racing meeting. The 2 Department of Agriculture with the advice and assistance of 3 the Illinois Thoroughbred Breeders Fund Advisory Board may 4 allocate monies for purse supplements for such races. In 5 determining whether to allocate money and the amount, the 6 Department of Agriculture shall consider factors, including 7 but not limited to, the amount of money appropriated for the 8 Illinois Thoroughbred Breeders Fund program, the number of 9 races that may occur, and the organizational licensee's purse 10 structure. 11 (o) In order to improve the breeding quality of 12 thoroughbred horses in the State, the General Assembly 13 recognizes that existing provisions of this Section to 14 encourage such quality breeding need to be revised and 15 strengthened. As such, a Thoroughbred Breeder's Program Task 16 Force is to be appointed by the Governor by September 1, 1999 17 to make recommendations to the General Assembly by no later 18 than May 1, 2001
March 1, 2000. This task force is to be 19 composed of 2 representatives from the Illinois Thoroughbred 20 Breeders and Owners Foundation, 2 from the Illinois 21 Thoroughbred Horsemen's Association, 3 from Illinois race 22 tracks operating thoroughbred race meets for an average of at 23 least 30 days in the past 3 years, the Director of 24 Agriculture, the Executive Director of the Racing Board, who 25 shall serve as Chairman. 26 (Source: P.A. 91-40, eff. 6-25-99.) 27 Section 99. Effective date. This Act takes effect upon 28 becoming law.
[ Top ]