Section 290.10  Purpose and Definitions

a)         Purpose

The purpose of this Part is to establish the standards the Department of Agriculture will use in determining that a foal qualifies as an Illinois conceived and foaled standardbred, thoroughbred or quarter horse or Illinois foaled thoroughbred for the purpose of eligibility for races with purses supplemented through Standardbred, Thoroughbred and Racing Quarter Horse Breeders Fund Programs.

b)         Definitions

"Act" means the Illinois Horse Racing Act of 1975 [230 ILCS 5].

"Administrator" means an employee of the Department responsible for the administration of the Illinois Standardbred Breeders Program, Illinois Thoroughbred Breeders Program and Illinois Quarter Horse Breeders Program.

"Breeder" – In the Standardbred Breeders Program and the Quarter Horse Breeders Program, "breeder" means the owners of the mare (dam) at the time of conception.  In the Thoroughbred Breeders Program, "breeder" means the owners of the mare (dam) at the time of foaling.

"Conceived" – A horse is conceived at the place where the mare (dam) is bred.

"Department" or "Department of Agriculture" means the Illinois Department of Agriculture.

"Director" means the Director of the Illinois Department of Agriculture.

"Foaled" – A horse is foaled at its place of birth.

"Illinois Resident" means:

An individual who is physically present in the State of Illinois with the intention to remain and is considered to be a resident by the Illinois Department of Revenue or Illinois Secretary of State.

A partnership, joint venture, limited partnership, limited liability company or other syndicate or association shall qualify as an Illinois resident provided all of the individual members and/or beneficiaries qualify individually as residents of the State of Illinois.  The Articles of Agreement of any one of these types of entities must contain a restriction that the ownership or transfer of interest by any one of the persons party to the agreement can only be made to a person who qualifies as an Illinois resident.

A corporation shall be considered an Illinois resident if:

it is incorporated in Illinois;

all incorporators, directors, officers, and stockholders qualify individually as residents of the State of Illinois; and

the bylaws and stock certificates of the corporation contain a restrictive stock transfer agreement that provides for ownership or transfer of the stock only to persons who qualify as Illinois residents.

"Investigator" means an employee of the Department who is authorized to conduct investigations for the Department relative to those Sections of the Horse Racing Act of 1975 that are under the jurisdiction of the Department of Agriculture and such other duties as assigned by the Director.

"Lessee", for the purposes of Subpart B, means a resident of the State of Illinois who contracts with an Illinois resident who owns a certified stallion (see Sections 290.55 and 290.60) to stand that stallion within the State of Illinois.  For purposes of Subparts C and D, a lessee and owner are not required to be Illinois residents.

"Standardbred Horse" means a horse registered or eligible to be registered by the United States Trotting Association.

"Thoroughbred Horse" means a horse registered or eligible to be registered by the Jockey Club.

"Timely Filed" means all official documents, reports or similar forms are considered to be timely filed if they are delivered to the Department on or before the date due or postmarked on or before the date due.

"Quarter Horse" means a horse registered or eligible to be registered by the American Quarter Horse Association.

(Source:  Amended at 43 Ill. Reg. 7408, effective June 21, 2019)