Bill Text: IL HB3534 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Illinois Horse Racing Act of 1975. Makes a technical change in a Section concerning the Illinois Standardbred Breeders Fund.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB3534 Detail]

Download: Illinois-2017-HB3534-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3534

Introduced , by Rep. Robert Rita

SYNOPSIS AS INTRODUCED:
230 ILCS 5/31 from Ch. 8, par. 37-31

Amends the Illinois Horse Racing Act of 1975. Makes a technical change in a Section concerning the Illinois Standardbred Breeders Fund.
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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,
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 The General Assembly declares that it is
8the policy of this State to encourage the breeding of
9standardbred horses in this State and the ownership of such
10horses by residents of this State in order to provide for:
11sufficient numbers of high quality standardbred horses to
12participate in harness racing meetings in this State, and to
13establish and preserve the agricultural and commercial
14benefits of such breeding and racing industries to the State of
15Illinois. It is the intent of the General Assembly to further
16this policy by the 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.

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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 cannot be had among horses of that class
5on any day, the races may, with consent of the Board, be
6eliminated for that day and substitute races provided.
7 (d) There is hereby created a special fund of the State
8Treasury to be known as the Illinois Standardbred Breeders
9Fund.
10 During the calendar year 1981, and each year thereafter,
11except as provided in subsection (g) of Section 27 of this Act,
12eight and one-half per cent of all the monies received by the
13State as privilege taxes on harness racing meetings shall be
14paid into the Illinois Standardbred Breeders Fund.
15 (e) The Illinois Standardbred Breeders Fund shall be
16administered by the Department of Agriculture with the
17assistance and advice of the Advisory Board created in
18subsection (f) of this Section.
19 (f) The Illinois Standardbred Breeders Fund Advisory Board
20is hereby created. The Advisory Board shall consist of the
21Director of the Department of Agriculture, who shall serve as
22Chairman; the Superintendent of the Illinois State Fair; a
23member of the Illinois Racing Board, designated by it; a
24representative of the largest association of Illinois
25standardbred owners and breeders, recommended by it; a
26representative of a statewide association representing

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1agricultural fairs in Illinois, recommended by it, such
2representative to be from a fair at which Illinois conceived
3and foaled racing is conducted; a representative of the
4organization licensees conducting harness racing meetings,
5recommended by them; a representative of the Breeder's
6Committee of the association representing the largest number of
7standardbred owners, breeders, trainers, caretakers, and
8drivers, recommended by it; and a representative of the
9association representing the largest number of standardbred
10owners, breeders, trainers, caretakers, and drivers,
11recommended by it. Advisory Board members shall serve for 2
12years commencing January 1 of each odd numbered year. If
13representatives of the largest association of Illinois
14standardbred owners and breeders, a statewide association of
15agricultural fairs in Illinois, the association representing
16the largest number of standardbred owners, breeders, trainers,
17caretakers, and drivers, a member of the Breeder's Committee of
18the association representing the largest number of
19standardbred owners, breeders, trainers, caretakers, and
20drivers, and the organization licensees conducting harness
21racing meetings have not been recommended by January 1 of each
22odd numbered year, the Director of the Department of
23Agriculture shall make an appointment for the organization
24failing to so recommend a member of the Advisory Board.
25Advisory Board members shall receive no compensation for their
26services as members but shall be reimbursed for all actual and

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1necessary expenses and disbursements incurred in the execution
2of their official duties.
3 (g) No monies shall be expended from the Illinois
4Standardbred Breeders Fund except as appropriated by the
5General Assembly. Monies appropriated from the Illinois
6Standardbred Breeders Fund shall be expended by the Department
7of Agriculture, with the assistance and advice of the Illinois
8Standardbred Breeders Fund Advisory Board for the following
9purposes 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
11Illinois Standardbred Breeders Fund is more than the total of
12the outstanding appropriations from such fund, the Governor
13shall notify the State Comptroller and the State Treasurer of
14such fact. The Comptroller and the State Treasurer, upon
15receipt of such notification, shall transfer such excess amount
16from the Illinois Standardbred Breeders Fund to the General
17Revenue Fund.
18 (i) A sum equal to 12 1/2% of the first prize money of
19every purse won by an Illinois conceived and foaled horse shall
20be paid by the organization licensee conducting the horse race
21meeting to the breeder of such winning horse from the
22organization licensee's share of the money wagered. Such
23payment shall not reduce any award to the owner of the horse or
24reduce the taxes payable under this Act. Such payment shall be
25delivered by the organization licensee at the end of each race
26meeting.

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1 (j) The Department of Agriculture shall, by rule, with the
2assistance and advice of the Illinois Standardbred Breeders
3Fund 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. The
16 articles of agreement of any partnership, joint venture,
17 limited partnership, syndicate, association or corporation
18 and any bylaws and stock certificates must contain a
19 restriction that provides that the ownership or transfer of
20 interest by any one of the persons a party to the agreement
21 can only be made to a person who qualifies as an Illinois
22 resident.
23 2. Provide for the registration of Illinois conceived
24 and foaled horses and no such horse shall compete in the
25 races limited to Illinois conceived and foaled horses
26 unless registered with the Department of Agriculture. The

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1 Department of Agriculture may prescribe such forms as may
2 be necessary to determine the eligibility of such horses.
3 No person shall knowingly prepare or cause preparation of
4 an application for registration of such foals containing
5 false information. A mare (dam) must be in the state at
6 least 30 days prior to foaling or remain in the State at
7 least 30 days at the time of foaling. Beginning with the
8 1996 breeding season and for foals of 1997 and thereafter,
9 a foal conceived by transported fresh semen may be eligible
10 for Illinois conceived and foaled registration provided
11 all breeding and foaling requirements are met. The stallion
12 must be qualified for Illinois Standardbred Breeders Fund
13 breeding at the time of conception and the mare must be
14 inseminated within the State of Illinois. The foal must be
15 dropped in Illinois and properly registered with the
16 Department of Agriculture in accordance with this Act.
17 3. Provide that at least a 5 day racing program shall
18 be conducted at the State Fair each year, which program
19 shall include at least the following races limited to
20 Illinois conceived and foaled horses: (a) a two year old
21 Trot and Pace, and Filly Division of each; (b) a three year
22 old Trot and Pace, and Filly Division of each; (c) an aged
23 Trot and Pace, and Mare Division of each.
24 4. Provide for the payment of nominating, sustaining
25 and starting fees for races promoting the sport of harness
26 racing and for the races to be conducted at the State Fair

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1 as provided in subsection (j) 3 of this Section provided
2 that the nominating, sustaining and starting payment
3 required from an entrant shall not exceed 2% of the purse
4 of such race. All nominating, sustaining and starting
5 payments shall be held for the benefit of entrants and
6 shall be paid out as part of the respective purses for such
7 races. Nominating, sustaining and starting fees shall be
8 held in trust accounts for the purposes as set forth in
9 this Act and in accordance with Section 205-15 of the
10 Department of Agriculture Law (20 ILCS 205/205-15).
11 5. Provide for the registration with the Department of
12 Agriculture of Colt Associations or county fairs desiring
13 to sponsor races at county fairs.
14 (k) The Department of Agriculture, with the advice and
15assistance of the Illinois Standardbred Breeders Fund Advisory
16Board, may allocate monies for purse supplements for such
17races. In determining whether to allocate money and the amount,
18the Department of Agriculture shall consider factors,
19including but not limited to, the amount of money appropriated
20for the Illinois Standardbred Breeders Fund program, the number
21of races that may occur, and an organizational licensee's purse
22structure. The organizational licensee shall notify the
23Department of Agriculture of the conditions and minimum purses
24for races limited to Illinois conceived and foaled horses to be
25conducted by each organizational licensee conducting a harness
26racing meeting for which purse supplements have been

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1negotiated.
2 (l) All races held at county fairs and the State Fair which
3receive funds from the Illinois Standardbred Breeders Fund
4shall be conducted in accordance with the rules of the United
5States Trotting Association unless otherwise modified by the
6Department of Agriculture.
7 (m) At all standardbred race meetings held or conducted
8under authority of a license granted by the Board, and at all
9standardbred races held at county fairs which are approved by
10the Department of Agriculture or at the Illinois or DuQuoin
11State Fairs, no one shall jog, train, warm up or drive a
12standardbred horse unless he or she is wearing a protective
13safety helmet, with the chin strap fastened and in place, which
14meets the standards and requirements as set forth in the 1984
15Standard for Protective Headgear for Use in Harness Racing and
16Other Equestrian Sports published by the Snell Memorial
17Foundation, or any standards and requirements for headgear the
18Illinois Racing Board may approve. Any other standards and
19requirements so approved by the Board shall equal or exceed
20those published by the Snell Memorial Foundation. Any
21equestrian helmet bearing the Snell label shall be deemed to
22have met those standards and requirements.
23(Source: P.A. 99-756, eff. 8-12-16.)
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