Bill Text: IL SB2159 | 2023-2024 | 103rd General Assembly | Engrossed

---

Bill Title: Amends the Illinois Horse Racing Act of 1975. Removes a provision providing that if the determination is made that a standardbred stallion is not owned by a resident of the State of Illinois or that a transfer of ownership is a subterfuge to qualify a standardbred stallion under the Act, or that a standardbred stallion owner, manager, or person associated with him or her has knowingly participated in the arrangements for transporting semen from a standardbred stallion registered under the Act out-of-state, the Director of the Department of Agriculture or his authorized agent shall immediately publish notice of such fact in publications devoted to news concerning standardbred horses.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Engrossed) 2023-04-28 - Rule 19(a) / Re-referred to Rules Committee [SB2159 Detail]

Download: Illinois-2023-SB2159-Engrossed.html

---

SB2159 Engrossed LRB103 30575 AMQ 57011 b
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 33.1 as follows:
(230 ILCS 5/33.1) (from Ch. 8, par. 37-33.1)
Sec. 33.1. (a) The Department of Agriculture shall be
responsible for investigating and determining the eligibility
of mares and Illinois conceived and foaled horses and Illinois
foaled horses to participate in Illinois conceived and foaled
and Illinois foaled races. The Department of Agriculture shall
also qualify stallions to participate in the Illinois
Standardbred and Thoroughbred programs.
(b) The Director of the Department of Agriculture or his
authorized agent is authorized to conduct hearings, administer
oaths, and issue subpoenas to carry out his responsibilities
concerning the Illinois Standardbred and Thoroughbred programs
as set forth in Sections 30 and 31.
(c) The Director of the Department of Agriculture or his
authorized agent shall, after a hearing, affirm or deny the
qualification of a stallion for the Illinois Standardbred or
Thoroughbred program. The decision of the Director of the
Department of Agriculture or his authorized agent shall be

SB2159 Engrossed - 2 - LRB103 30575 AMQ 57011 b
subject to judicial review under the Administrative Review
Law. The term "administrative decision" shall have the meaning
ascribed to it in Section 3-101 of the Administrative Review
Law.
(d) If the determination is made that a standardbred
stallion is not owned by a resident of the State of Illinois or
that a transfer of ownership is a subterfuge to qualify a
standardbred stallion under the Act, or that a standardbred
stallion owner, manager, or person associated with him or her
has knowingly participated in the arrangements for
transporting semen from a standardbred stallion registered
under this Act out-of-state, the Director of the Department of
Agriculture or his authorized agent shall immediately publish
notice of such fact in publications devoted to news concerning
standardbred horses, announcing the disqualification of such
stallion or his foals. From January 1, 2018 until January 1,
2022, the Director of Agriculture or his or her authorized
agent shall not publish notice announcing the disqualification
of such stallion or his foals on the basis that a stallion
owner, manager, or person associated with him or her has
knowingly participated in the arrangements for transporting
semen from a standardbred stallion registered under this Act
out of State. If any person owning any stallion, mare, or foal
is found by the Director of the Department of Agriculture or
his authorized agent to have willfully violated any provision
of this Act or to have made any false statements concerning

SB2159 Engrossed - 3 - LRB103 30575 AMQ 57011 b
such person's stallion, mare, or foal, then no animal owned by
such person is eligible to participate in any events conducted
pursuant to Sections 30 and 31.
(e) Any person who is served with a subpoena, issued by the
Director of the Department of Agriculture or his authorized
agent, to appear and testify or to produce documents and who
refuses or neglects to testify or produce documents relevant
to the investigation, as directed in the subpoenas, may be
punished as provided in this Section.
(f) Any circuit court of this State, upon petition by the
Director of the Department of Agriculture or his authorized
agent, may compel the attendance of witnesses, the production
of documents and giving the testimony required by this Section
in the same manner as the production of evidence may be
compelled in any other judicial proceeding before such court.
Any person who willfully swears or affirms falsely in any
proceeding conducted pursuant to this Section is guilty of
perjury.
(g) The fees of witnesses for attendance and travel in the
course of any investigation shall be the same as the fees of
witnesses before the circuit courts of this State.
(h) The Department shall have authority to promulgate
rules and regulations for the enforcement of Sections 30, 31
and 33.1 of this Act. Conditions and purses shall not be
subject to Section 5-40 of the Illinois Administrative
Procedure Act but shall be set and published from time to time.

SB2159 Engrossed - 4 - LRB103 30575 AMQ 57011 b
(Source: P.A. 100-777, eff. 8-10-18.)