Bill Text: IL SB2643 | 2015-2016 | 99th 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 the Illinois Standardbred Breeders Fund.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-04-07 - Re-referred to Assignments [SB2643 Detail]

Download: Illinois-2015-SB2643-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB2643 Introduced 2/16/2016, by Sen. Christine Radogno 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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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 31 as follows:
(230 ILCS 5/31) (from Ch. 8, par. 37-31)
Sec. 31. (a) The The General Assembly declares that it is
the policy of this State to encourage the breeding of
standardbred 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 standardbred horses to
participate in harness 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 Section of this Act.
(b) Each organization licensee conducting a harness racing
meeting pursuant to this Act shall provide for at least two
races each race program limited to Illinois conceived and
foaled horses. A minimum of 6 races shall be conducted each
week limited to Illinois conceived and foaled horses. No horses
shall be permitted to start in such races unless duly
registered under the rules of the Department of Agriculture.

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(c) Conditions of races under subsection (b) shall be
commensurate with past performance, quality and class of
Illinois conceived and 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 Standardbred Breeders
Fund.
During the calendar year 1981, and each year thereafter,
except as provided in subsection (g) of Section 27 of this Act,
eight and one-half per cent of all the monies received by the
State as privilege taxes on harness racing meetings shall be
paid into the Illinois Standardbred Breeders Fund.
(e) The Illinois Standardbred Breeders Fund shall be
administered by the Department of Agriculture with the
assistance and advice of the Advisory Board created in
subsection (f) of this Section.
(f) The Illinois Standardbred Breeders Fund Advisory Board
is hereby created. The Advisory Board shall consist of the
Director of the Department of Agriculture, who shall serve as
Chairman; the Superintendent of the Illinois State Fair; a
member of the Illinois Racing Board, designated by it; a
representative of the Illinois Standardbred Owners and
Breeders Association, recommended by it; a representative of
the Illinois Association of Agricultural Fairs, recommended by

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it, such representative to be from a fair at which Illinois
conceived and foaled racing is conducted; a representative of
the organization licensees conducting harness racing meetings,
recommended by them and a representative of the Illinois
Harness Horsemen's Association, recommended by it. Advisory
Board members shall serve for 2 years commencing January 1, of
each odd numbered year. If representatives of the Illinois
Standardbred Owners and Breeders Associations, the Illinois
Association of Agricultural Fairs, the Illinois Harness
Horsemen's Association, and the organization licensees
conducting harness racing meetings 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
actual and necessary expenses and disbursements incurred in the
execution of their official duties.
(g) No monies shall be expended from the Illinois
Standardbred Breeders Fund except as appropriated by the
General Assembly. Monies appropriated from the Illinois
Standardbred Breeders Fund shall be expended by the Department
of Agriculture, with the assistance and advice of the Illinois
Standardbred Breeders Fund Advisory Board for the following
purposes only:
1. To provide purses for races limited to Illinois

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conceived and foaled horses at the State Fair.
2. To provide purses for races limited to Illinois
conceived and foaled horses at county fairs.
3. To provide purse supplements for races limited to
Illinois conceived and foaled horses conducted by
associations conducting harness racing meetings.
4. No less than 75% of all monies in the Illinois
Standardbred Breeders Fund shall be expended for purses in
1, 2 and 3 as shown above.
5. In the discretion of the Department of Agriculture
to provide awards to harness breeders of Illinois conceived
and foaled horses which win races conducted by organization
licensees conducting harness racing meetings. A breeder is
the owner of a mare at the time of conception. No more than
10% of all monies appropriated from the Illinois
Standardbred Breeders Fund shall be expended for such
harness breeders awards. No more than 25% of the amount
expended for harness breeders awards shall be expended for
expenses incurred in the administration of such harness
breeders awards.
6. To pay for the improvement of racing facilities
located at the State Fair and County fairs.
7. To pay the expenses incurred in the administration
of the Illinois Standardbred Breeders Fund.
8. To promote the sport of harness racing.
(h) Whenever the Governor finds that the amount in the

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Illinois Standardbred Breeders Fund is more than the total of
the outstanding appropriations from such fund, the Governor
shall notify the State Comptroller and the State Treasurer of
such fact. The Comptroller and the State Treasurer, upon
receipt of such notification, shall transfer such excess amount
from the Illinois Standardbred Breeders Fund to the General
Revenue Fund.
(i) A sum equal to 12 1/2% of the first prize money of
every purse won by an Illinois conceived and foaled horse shall
be paid by the organization licensee conducting the horse race
meeting to the breeder of such winning horse from the
organization licensee's share of the money wagered. Such
payment shall not reduce any award to the owner of the horse or
reduce the taxes payable under this Act. Such payment shall be
delivered by the organization licensee at the end of each race
meeting.
(j) The Department of Agriculture shall, by rule, with the
assistance and advice of the Illinois Standardbred Breeders
Fund Advisory Board:
1. Qualify stallions for Illinois Standardbred Breeders
Fund breeding; such stallion shall be owned by a resident of
the State of Illinois or by an Illinois corporation all of
whose shareholders, directors, officers and incorporators are
residents of the State of Illinois. Such stallion shall stand
for service at and within the State of Illinois at the time of
a foal's conception, and such stallion must not stand for

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service at any place, nor may semen from such stallion be
transported, outside the State of Illinois during that calendar
year in which the foal is conceived and that the owner of the
stallion was for the 12 months prior, a resident of Illinois.
The articles of agreement of any partnership, joint venture,
limited partnership, syndicate, association or corporation and
any bylaws and stock certificates must contain a restriction
that provides that the ownership or transfer of interest by any
one of the persons a party to the agreement can only be made to
a person who qualifies as an Illinois resident.
2. Provide for the registration of Illinois conceived and
foaled horses and no such horse shall compete in the races
limited to Illinois conceived and foaled horses unless
registered with the Department of Agriculture. The Department
of Agriculture may prescribe such forms as may be necessary to
determine the eligibility of such horses. No person shall
knowingly prepare or cause preparation of an application for
registration of such foals containing false information. A mare
(dam) must be in the state at least 30 days prior to foaling or
remain in the State at least 30 days at the time of foaling.
Beginning with the 1996 breeding season and for foals of 1997
and thereafter, a foal conceived by transported fresh semen may
be eligible for Illinois conceived and foaled registration
provided all breeding and foaling requirements are met. The
stallion must be qualified for Illinois Standardbred Breeders
Fund breeding at the time of conception and the mare must be

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inseminated within the State of Illinois. The foal must be
dropped in Illinois and properly registered with the Department
of Agriculture in accordance with this Act.
3. Provide that at least a 5 day racing program shall be
conducted at the State Fair each year, which program shall
include at least the following races limited to Illinois
conceived and foaled horses: (a) a two year old Trot and Pace,
and Filly Division of each; (b) a three year old Trot and Pace,
and Filly Division of each; (c) an aged Trot and Pace, and Mare
Division of each.
4. Provide for the payment of nominating, sustaining and
starting fees for races promoting the sport of harness racing
and for the races to be conducted at the State Fair as provided
in subsection (j) 3 of this Section provided that the
nominating, sustaining and starting payment required from an
entrant shall not exceed 2% of the purse of such race. All
nominating, sustaining and starting payments shall be held for
the benefit of entrants and shall be paid out as part of the
respective purses for such races. Nominating, sustaining and
starting fees shall be held in trust accounts for the purposes
as set forth in this Act and in accordance with Section 205-15
of the Department of Agriculture Law (20 ILCS 205/205-15).
5. Provide for the registration with the Department of
Agriculture of Colt Associations or county fairs desiring to
sponsor races at county fairs.
(k) The Department of Agriculture, with the advice and

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assistance of the Illinois Standardbred 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 Standardbred Breeders Fund program, the number
of races that may occur, and an organizational licensee's purse
structure. The organizational licensee shall notify the
Department of Agriculture of the conditions and minimum purses
for races limited to Illinois conceived and foaled horses to be
conducted by each organizational licensee conducting a harness
racing meeting for which purse supplements have been
negotiated.
(l) All races held at county fairs and the State Fair which
receive funds from the Illinois Standardbred Breeders Fund
shall be conducted in accordance with the rules of the United
States Trotting Association unless otherwise modified by the
Department of Agriculture.
(m) At all standardbred race meetings held or conducted
under authority of a license granted by the Board, and at all
standardbred races held at county fairs which are approved by
the Department of Agriculture or at the Illinois or DuQuoin
State Fairs, no one shall jog, train, warm up or drive a
standardbred horse unless he or she is wearing a protective
safety helmet, with the chin strap fastened and in place, which
meets the standards and requirements as set forth in the 1984

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Standard for Protective Headgear for Use in Harness Racing and
Other Equestrian Sports published by the Snell Memorial
Foundation, or any standards and requirements for headgear the
Illinois Racing Board may approve. Any other standards and
requirements so approved by the Board shall equal or exceed
those published by the Snell Memorial Foundation. Any
equestrian helmet bearing the Snell label shall be deemed to
have met those standards and requirements.
(Source: P.A. 91-239, eff. 1-1-00.)