Bill Text: IL SB0909 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Illinois Horse Racing Act of 1975. Makes a technical change in a Section concerning thoroughbred horses.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-04-23 - Rule 3-9(a) / Re-referred to Assignments [SB0909 Detail]

Download: Illinois-2021-SB0909-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB0909 Introduced 2/25/2021, by Sen. Don Harmon SYNOPSIS AS INTRODUCED:
230 ILCS 5/30 from Ch. 8, par. 37-30
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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AN ACT concerning gaming.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Horse Racing Act of 1975 is
amended by changing Section 30 as follows:
(230 ILCS 5/30) (from Ch. 8, par. 37-30)
Sec. 30. (a) The The General Assembly declares that it is
the policy of this State to encourage the breeding of
thoroughbred horses in this State and the ownership of such
horses by residents of this State in order to provide for:
sufficient numbers of high quality thoroughbred horses to
participate in thoroughbred racing meetings in this State, and
to establish and preserve the agricultural and commercial
benefits of such breeding and racing industries to the State
of Illinois. It is the intent of the General Assembly to
further this policy by the provisions of this Act.
(b) Each organization licensee conducting a thoroughbred
racing meeting pursuant to this Act shall provide at least two
races each day limited to Illinois conceived and foaled horses
or Illinois foaled horses or both. A minimum of 6 races shall
be conducted each week limited to Illinois conceived and
foaled or Illinois foaled horses or both. No horses shall be
permitted to start in such races unless duly registered under

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the rules of the Department of Agriculture.
(c) Conditions of races under subsection (b) shall be
commensurate with past performance, quality, and class of
Illinois conceived and foaled and Illinois foaled horses
available. If, however, sufficient competition cannot be had
among horses of that class on any day, the races may, with
consent of the Board, be eliminated for that day and
substitute races provided.
(d) There is hereby created a special fund of the State
Treasury to be known as the Illinois Thoroughbred Breeders
Fund.
Beginning on the effective date of this amendatory Act of
the 101st General Assembly, the Illinois Thoroughbred Breeders
Fund shall become a non-appropriated trust fund held separate
from State moneys. Expenditures from this Fund shall no longer
be subject to appropriation.
Except as provided in subsection (g) of Section 27 of this
Act, 8.5% of all the monies received by the State as privilege
taxes on Thoroughbred racing meetings shall be paid into the
Illinois Thoroughbred Breeders Fund.
Notwithstanding any provision of law to the contrary,
amounts deposited into the Illinois Thoroughbred Breeders Fund
from revenues generated by gaming pursuant to an organization
gaming license issued under the Illinois Gambling Act after
the effective date of this amendatory Act of the 101st General
Assembly shall be in addition to tax and fee amounts paid under

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this Section for calendar year 2019 and thereafter.
(e) The Illinois Thoroughbred Breeders Fund shall be
administered by the Department of Agriculture with the advice
and assistance of the Advisory Board created in subsection (f)
of this Section.
(f) The Illinois Thoroughbred Breeders Fund Advisory Board
shall consist of the Director of the Department of
Agriculture, who shall serve as Chairman; a member of the
Illinois Racing Board, designated by it; 2 representatives of
the organization licensees conducting thoroughbred racing
meetings, recommended by them; 2 representatives of the
Illinois Thoroughbred Breeders and Owners Foundation,
recommended by it; one representative of the Horsemen's
Benevolent Protective Association; and one representative from
the Illinois Thoroughbred Horsemen's Association. Advisory
Board members shall serve for 2 years commencing January 1 of
each odd numbered year. If representatives of the organization
licensees conducting thoroughbred racing meetings, the
Illinois Thoroughbred Breeders and Owners Foundation, the
Horsemen's Benevolent Protection Association, and the Illinois
Thoroughbred Horsemen's Association have not been recommended
by January 1, of each odd numbered year, the Director of the
Department of Agriculture shall make an appointment for the
organization failing to so recommend a member of the Advisory
Board. Advisory Board members shall receive no compensation
for their services as members but shall be reimbursed for all

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actual and necessary expenses and disbursements incurred in
the execution of their official duties.
(g) Monies expended from the Illinois Thoroughbred
Breeders Fund shall be expended by the Department of
Agriculture, with the advice and assistance of the Illinois
Thoroughbred Breeders Fund Advisory Board, for the following
purposes only:
(1) To provide purse supplements to owners of horses
participating in races limited to Illinois conceived and
foaled and Illinois foaled horses. Any such purse
supplements shall not be included in and shall be paid in
addition to any purses, stakes, or breeders' awards
offered by each organization licensee as determined by
agreement between such organization licensee and an
organization representing the horsemen. No monies from the
Illinois Thoroughbred Breeders Fund shall be used to
provide purse supplements for claiming races in which the
minimum claiming price is less than $7,500.
(2) To provide stakes and awards to be paid to the
owners of the winning horses in certain races limited to
Illinois conceived and foaled and Illinois foaled horses
designated as stakes races.
(2.5) To provide an award to the owner or owners of an
Illinois conceived and foaled or Illinois foaled horse
that wins a maiden special weight, an allowance, overnight
handicap race, or claiming race with claiming price of

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$10,000 or more providing the race is not restricted to
Illinois conceived and foaled or Illinois foaled horses.
Awards shall also be provided to the owner or owners of
Illinois conceived and foaled and Illinois foaled horses
that place second or third in those races. To the extent
that additional moneys are required to pay the minimum
additional awards of 40% of the purse the horse earns for
placing first, second or third in those races for Illinois
foaled horses and of 60% of the purse the horse earns for
placing first, second or third in those races for Illinois
conceived and foaled horses, those moneys shall be
provided from the purse account at the track where earned.
(3) To provide stallion awards to the owner or owners
of any stallion that is duly registered with the Illinois
Thoroughbred Breeders Fund Program whose duly registered
Illinois conceived and foaled offspring wins a race
conducted at an Illinois thoroughbred racing meeting other
than a claiming race, provided that the stallion stood
service within Illinois at the time the offspring was
conceived and that the stallion did not stand for service
outside of Illinois at any time during the year in which
the offspring was conceived.
(4) To provide $75,000 annually for purses to be
distributed to county fairs that provide for the running
of races during each county fair exclusively for the
thoroughbreds conceived and foaled in Illinois. The

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conditions of the races shall be developed by the county
fair association and reviewed by the Department with the
advice and assistance of the Illinois Thoroughbred
Breeders Fund Advisory Board. There shall be no wagering
of any kind on the running of Illinois conceived and
foaled races at county fairs.
(4.1) To provide purse money for an Illinois stallion
stakes program.
(5) No less than 90% of all monies expended from the
Illinois Thoroughbred Breeders Fund shall be expended for
the purposes in (1), (2), (2.5), (3), (4), (4.1), and (5)
as shown above.
(6) To provide for educational programs regarding the
thoroughbred breeding industry.
(7) To provide for research programs concerning the
health, development and care of the thoroughbred horse.
(8) To provide for a scholarship and training program
for students of equine veterinary medicine.
(9) To provide for dissemination of public information
designed to promote the breeding of thoroughbred horses in
Illinois.
(10) To provide for all expenses incurred in the
administration of the Illinois Thoroughbred Breeders Fund.
(h) The Illinois Thoroughbred Breeders Fund is not subject
to administrative charges or chargebacks, including, but not
limited to, those authorized under Section 8h of the State

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Finance Act.
(i) A sum equal to 13% of the first prize money of every
purse won by an Illinois foaled or Illinois conceived and
foaled horse in races not limited to Illinois foaled horses or
Illinois conceived and foaled horses, or both, shall be paid
by the organization licensee conducting the horse race
meeting. Such sum shall be paid 50% from the organization
licensee's share of the money wagered and 50% from the purse
account as follows: 11 1/2% to the breeder of the winning horse
and 1 1/2% to the organization representing thoroughbred
breeders and owners who representative serves on the Illinois
Thoroughbred Breeders Fund Advisory Board for verifying the
amounts of breeders' awards earned, ensuring their
distribution in accordance with this Act, and servicing and
promoting the Illinois thoroughbred horse racing industry.
Beginning in the calendar year in which an organization
licensee that is eligible to receive payments under paragraph
(13) of subsection (g) of Section 26 of this Act begins to
receive funds from gaming pursuant to an organization gaming
license issued under the Illinois Gambling Act, a sum equal to
21 1/2% of the first prize money of every purse won by an
Illinois foaled or an Illinois conceived and foaled horse in
races not limited to an Illinois conceived and foaled horse,
or both, shall be paid 30% from the organization licensee's
account and 70% from the purse account as follows: 20% to the
breeder of the winning horse and 1 1/2% to the organization

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representing thoroughbred breeders and owners whose
representatives serve on the Illinois Thoroughbred Breeders
Fund Advisory Board for verifying the amounts of breeders'
awards earned, ensuring their distribution in accordance with
this Act, and servicing and promoting the Illinois
Thoroughbred racing industry. The organization representing
thoroughbred breeders and owners shall cause all expenditures
of monies received under this subsection (i) to be audited at
least annually by a registered public accountant. The
organization shall file copies of each annual audit with the
Racing Board, the Clerk of the House of Representatives and
the Secretary of the Senate, and shall make copies of each
annual audit available to the public upon request and upon
payment of the reasonable cost of photocopying the requested
number of copies. Such payments shall not reduce any award to
the owner of the horse or reduce the taxes payable under this
Act. Upon completion of its racing meet, each organization
licensee shall deliver to the organization representing
thoroughbred breeders and owners whose representative serves
on the Illinois Thoroughbred Breeders Fund Advisory Board a
listing of all the Illinois foaled and the Illinois conceived
and foaled horses which won breeders' awards and the amount of
such breeders' awards under this subsection to verify accuracy
of payments and assure proper distribution of breeders' awards
in accordance with the provisions of this Act. Such payments
shall be delivered by the organization licensee within 30 days

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of the end of each race meeting.
(j) A sum equal to 13% of the first prize money won in
every race limited to Illinois foaled horses or Illinois
conceived and foaled horses, or both, shall be paid in the
following manner by the organization licensee conducting the
horse race meeting, 50% from the organization licensee's share
of the money wagered and 50% from the purse account as follows:
11 1/2% to the breeders of the horses in each such race which
are the official first, second, third, and fourth finishers
and 1 1/2% to the organization representing thoroughbred
breeders and owners whose representatives serve on the
Illinois Thoroughbred Breeders Fund Advisory Board for
verifying the amounts of breeders' awards earned, ensuring
their proper distribution in accordance with this Act, and
servicing and promoting the Illinois horse racing industry.
Beginning in the calendar year in which an organization
licensee that is eligible to receive payments under paragraph
(13) of subsection (g) of Section 26 of this Act begins to
receive funds from gaming pursuant to an organization gaming
license issued under the Illinois Gambling Act, a sum of 21
1/2% of every purse in a race limited to Illinois foaled horses
or Illinois conceived and foaled horses, or both, shall be
paid by the organization licensee conducting the horse race
meeting. Such sum shall be paid 30% from the organization
licensee's account and 70% from the purse account as follows:
20% to the breeders of the horses in each such race who are

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official first, second, third and fourth finishers and 1 1/2%
to the organization representing thoroughbred breeders and
owners whose representatives serve on the Illinois
Thoroughbred Breeders Fund Advisory Board for verifying the
amounts of breeders' awards earned, ensuring their proper
distribution in accordance with this Act, and servicing and
promoting the Illinois thoroughbred horse racing industry. The
organization representing thoroughbred breeders and owners
shall cause all expenditures of moneys received under this
subsection (j) to be audited at least annually by a registered
public accountant. The organization shall file copies of each
annual audit with the Racing Board, the Clerk of the House of
Representatives and the Secretary of the Senate, and shall
make copies of each annual audit available to the public upon
request and upon payment of the reasonable cost of
photocopying the requested number of copies. The copies of the
audit to the General Assembly shall be filed with the Clerk of
the House of Representatives and the Secretary of the Senate
in electronic form only, in the manner that the Clerk and the
Secretary shall direct.
The amounts paid to the breeders in accordance with this
subsection shall be distributed as follows:
(1) 60% of such sum shall be paid to the breeder of the
horse which finishes in the official first position;
(2) 20% of such sum shall be paid to the breeder of the
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
horse which finishes in the official third position; and
(4) 5% of such sum shall be paid to the breeder of the
horse which finishes in the official fourth position.
Such payments shall not reduce any award to the owners of a
horse or reduce the taxes payable under this Act. Upon
completion of its racing meet, each organization licensee
shall deliver to the organization representing thoroughbred
breeders and owners whose representative serves on the
Illinois Thoroughbred Breeders Fund Advisory Board a listing
of all the Illinois foaled and the Illinois conceived and
foaled horses which won breeders' awards and the amount of
such breeders' awards in accordance with the provisions of
this Act. Such payments shall be delivered by the organization
licensee within 30 days of the end of each race meeting.
(k) The term "breeder", as used herein, means the owner of
the mare at the time the foal is dropped. An "Illinois foaled
horse" is a foal dropped by a mare which enters this State on
or before December 1, in the year in which the horse is bred,
provided the mare remains continuously in this State until its
foal is born. An "Illinois foaled horse" also means a foal born
of a mare in the same year as the mare enters this State on or
before March 1, and remains in this State at least 30 days
after foaling, is bred back during the season of the foaling to
an Illinois Registered Stallion (unless a veterinarian
certifies that the mare should not be bred for health

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reasons), and is not bred to a stallion standing in any other
state during the season of foaling. An "Illinois foaled horse"
also means a foal born in Illinois of a mare purchased at
public auction subsequent to the mare entering this State on
or before March 1 of the foaling year providing the mare is
owned solely by one or more Illinois residents or an Illinois
entity that is entirely owned by one or more Illinois
residents.
(l) The Department of Agriculture shall, by rule, with the
advice and assistance of the Illinois Thoroughbred Breeders
Fund Advisory Board:
(1) Qualify stallions for Illinois breeding; such
stallions to stand for service within the State of
Illinois at the time of a foal's conception. Such stallion
must not stand for service at any place outside the State
of Illinois during the calendar year in which the foal is
conceived. The Department of Agriculture may assess and
collect an application fee of up to $500 for the
registration of Illinois-eligible stallions. All fees
collected are to be held in trust accounts for the
purposes set forth in this Act and in accordance with
Section 205-15 of the Department of Agriculture Law.
(2) Provide for the registration of Illinois conceived
and foaled horses and Illinois foaled horses. No such
horse shall compete in the races limited to Illinois
conceived and foaled horses or Illinois foaled horses or

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both unless registered with the Department of Agriculture.
The Department of Agriculture may prescribe such forms as
are necessary to determine the eligibility of such horses.
The Department of Agriculture may assess and collect
application fees for the registration of Illinois-eligible
foals. All fees collected are to be held in trust accounts
for the purposes set forth in this Act and in accordance
with Section 205-15 of the Department of Agriculture Law.
No person shall knowingly prepare or cause preparation of
an application for registration of such foals containing
false information.
(m) The Department of Agriculture, with the advice and
assistance of the Illinois Thoroughbred Breeders Fund Advisory
Board, shall provide that certain races limited to Illinois
conceived and foaled and Illinois foaled horses be stakes
races and determine the total amount of stakes and awards to be
paid to the owners of the winning horses in such races.
In determining the stakes races and the amount of awards
for such races, the Department of Agriculture shall consider
factors, including but not limited to, the amount of money
appropriated for the Illinois Thoroughbred Breeders Fund
program, organization licensees' contributions, availability
of stakes caliber horses as demonstrated by past performances,
whether the race can be coordinated into the proposed racing
dates within organization licensees' racing dates, opportunity
for colts and fillies and various age groups to race, public

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wagering on such races, and the previous racing schedule.
(n) The Board and the organization licensee shall notify
the Department of the conditions and minimum purses for races
limited to Illinois conceived and foaled and Illinois foaled
horses conducted for each organization licensee conducting a
thoroughbred racing meeting. The Department of Agriculture
with the advice and assistance of the Illinois Thoroughbred
Breeders Fund Advisory Board may allocate monies for purse
supplements for such races. In determining whether to allocate
money and the amount, the Department of Agriculture shall
consider factors, including but not limited to, the amount of
money appropriated for the Illinois Thoroughbred Breeders Fund
program, the number of races that may occur, and the
organization licensee's purse structure.
(o) (Blank).
(Source: P.A. 101-31, eff. 6-28-19.)