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1 | AN ACT concerning gaming.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Horse Racing Act of 1975 is amended | ||||||
5 | by changing Sections 31 and 33.1 and by adding Section 3.31 as | ||||||
6 | follows: | ||||||
7 | (230 ILCS 5/3.31 new) | ||||||
8 | Sec. 3.31. Illinois conceived and foaled. Notwithstanding | ||||||
9 | any provision of this Act to the contrary, from January 1, 2018 | ||||||
10 | until January 1, 2022, "Illinois conceived and foaled", as the | ||||||
11 | term applies to a standardbred, includes a standardbred horse | ||||||
12 | whose sire is a qualified Illinois stallion.
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13 | (230 ILCS 5/31) (from Ch. 8, par. 37-31)
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14 | Sec. 31.
(a) The General Assembly declares that it is the | ||||||
15 | policy of
this State to encourage the breeding of standardbred | ||||||
16 | horses in this
State and the ownership of such horses by | ||||||
17 | residents of this State in
order to provide for: sufficient | ||||||
18 | numbers of high quality standardbred
horses to participate in | ||||||
19 | harness racing meetings in this State, and to
establish and | ||||||
20 | preserve the agricultural and commercial benefits of such
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21 | breeding and racing industries to the State of Illinois. It is | ||||||
22 | the
intent of the General Assembly to further this policy by |
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1 | the provisions
of this Section of this Act.
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2 | (b) Each organization licensee conducting a harness
racing | ||||||
3 | meeting pursuant to this Act shall provide for at least two | ||||||
4 | races each
race program limited to
Illinois conceived and | ||||||
5 | foaled horses. A minimum of 6 races shall be
conducted each | ||||||
6 | week limited to Illinois conceived and foaled horses. No
horses | ||||||
7 | shall be permitted to start in such races unless duly | ||||||
8 | registered
under the rules of the Department of Agriculture.
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9 | (c) Conditions of races under subsection (b) shall be | ||||||
10 | commensurate
with past performance, quality and class of | ||||||
11 | Illinois conceived and
foaled horses available. If, however, | ||||||
12 | sufficient competition cannot be
had among horses of that class | ||||||
13 | on any day, the races may, with consent
of the Board, be | ||||||
14 | eliminated for that day and substitute races provided.
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15 | (d) There is hereby created a special fund of the State | ||||||
16 | Treasury to
be known as the Illinois Standardbred Breeders | ||||||
17 | Fund.
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18 | During the calendar year 1981, and each year thereafter, | ||||||
19 | except as provided
in subsection (g) of Section 27 of this Act, | ||||||
20 | eight and one-half
per cent of all the monies received by the | ||||||
21 | State as privilege taxes on
harness racing meetings shall be | ||||||
22 | paid into the Illinois Standardbred
Breeders Fund.
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23 | (e) The Illinois Standardbred Breeders Fund shall be | ||||||
24 | administered by
the Department of Agriculture with the | ||||||
25 | assistance and advice of the
Advisory Board created in | ||||||
26 | subsection (f) of this Section.
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1 | (f) The Illinois Standardbred Breeders Fund Advisory Board | ||||||
2 | is hereby
created. The Advisory Board shall consist of the | ||||||
3 | Director of the
Department of Agriculture, who shall serve as | ||||||
4 | Chairman; the
Superintendent of the Illinois State Fair; a | ||||||
5 | member of the Illinois
Racing Board, designated by it; a | ||||||
6 | representative of the largest association of Illinois | ||||||
7 | standardbred owners and breeders, recommended by it; a
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8 | representative of a statewide association representing | ||||||
9 | agricultural fairs in Illinois,
recommended by it, such | ||||||
10 | representative to be from a fair at which
Illinois conceived | ||||||
11 | and foaled racing is conducted; a representative of
the | ||||||
12 | organization licensees conducting harness racing
meetings, | ||||||
13 | recommended by them; a representative of the Breeder's | ||||||
14 | Committee of the association representing the largest number of | ||||||
15 | standardbred owners, breeders, trainers, caretakers, and | ||||||
16 | drivers, recommended by it;
and a representative of the | ||||||
17 | association representing the largest number of standardbred | ||||||
18 | owners, breeders, trainers, caretakers, and drivers,
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19 | recommended by it. Advisory Board members shall serve for 2 | ||||||
20 | years
commencing January 1 of each odd numbered year. If | ||||||
21 | representatives of
the largest association of Illinois | ||||||
22 | standardbred owners and breeders, a statewide association of | ||||||
23 | agricultural fairs in Illinois, the association representing | ||||||
24 | the largest number of standardbred owners, breeders, trainers, | ||||||
25 | caretakers, and drivers, a member of the Breeder's Committee of | ||||||
26 | the association representing the largest number of |
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1 | standardbred owners, breeders, trainers, caretakers, and | ||||||
2 | drivers, and the organization licensees conducting
harness | ||||||
3 | racing meetings
have not been recommended by January 1 of each | ||||||
4 | odd numbered year, the
Director of the Department of | ||||||
5 | Agriculture shall make an appointment for
the organization | ||||||
6 | failing to so recommend a member of the Advisory Board.
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7 | Advisory Board members shall receive no compensation for their | ||||||
8 | services
as members but shall be reimbursed for all actual and | ||||||
9 | necessary expenses
and disbursements incurred in the execution | ||||||
10 | of their official duties.
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11 | (g) No monies shall be expended from the Illinois | ||||||
12 | Standardbred
Breeders Fund except as appropriated by the | ||||||
13 | General Assembly. Monies
appropriated from the Illinois | ||||||
14 | Standardbred Breeders Fund shall be
expended by the Department | ||||||
15 | of Agriculture, with the assistance and
advice of the Illinois | ||||||
16 | Standardbred Breeders Fund Advisory Board for the
following | ||||||
17 | purposes only:
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18 | 1. To provide purses for races limited to Illinois | ||||||
19 | conceived and
foaled horses at the State Fair.
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20 | 2. To provide purses for races limited to Illinois | ||||||
21 | conceived and
foaled horses at county fairs.
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22 | 3. To provide purse supplements for races limited to | ||||||
23 | Illinois
conceived and foaled horses conducted by | ||||||
24 | associations conducting harness
racing meetings.
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25 | 4. No less than 75% of all monies in the Illinois | ||||||
26 | Standardbred
Breeders Fund shall be expended for purses in |
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1 | 1, 2 and 3 as shown above.
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2 | 5. In the discretion of the Department of Agriculture | ||||||
3 | to provide
awards to harness breeders of Illinois conceived | ||||||
4 | and foaled horses which
win races conducted by organization | ||||||
5 | licensees
conducting harness racing meetings.
A breeder is | ||||||
6 | the owner of a mare at the time of conception. No more
than | ||||||
7 | 10% of all monies appropriated from the Illinois
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8 | Standardbred Breeders Fund shall
be expended for such | ||||||
9 | harness breeders awards. No more than 25% of the
amount | ||||||
10 | expended for harness breeders awards shall be expended for
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11 | expenses incurred in the administration of such harness | ||||||
12 | breeders awards.
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13 | 6. To pay for the improvement of racing facilities | ||||||
14 | located at the
State Fair and County fairs.
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15 | 7. To pay the expenses incurred in the administration | ||||||
16 | of the
Illinois Standardbred Breeders Fund.
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17 | 8. To promote the sport of harness racing.
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18 | (h) Whenever the Governor finds that the amount in the | ||||||
19 | Illinois
Standardbred Breeders Fund is more than the total of | ||||||
20 | the outstanding
appropriations from such fund, the Governor | ||||||
21 | shall notify the State
Comptroller and the State Treasurer of | ||||||
22 | such fact. The Comptroller and
the State Treasurer, upon | ||||||
23 | receipt of such notification, shall transfer
such excess amount | ||||||
24 | from the Illinois Standardbred Breeders Fund to the
General | ||||||
25 | Revenue Fund.
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26 | (i) A sum equal to 12 1/2% of the first prize money of |
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1 | every purse
won by an Illinois conceived and foaled horse shall | ||||||
2 | be paid by the
organization licensee conducting the horse race | ||||||
3 | meeting to the breeder
of such winning horse from the | ||||||
4 | organization licensee's share of the
money wagered.
Such | ||||||
5 | payment
shall not reduce any award to the owner of
the horse or | ||||||
6 | reduce the taxes payable under this Act. Such payment
shall be | ||||||
7 | delivered by the organization licensee at the end of each race
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8 | meeting.
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9 | (j) The Department of Agriculture shall, by rule, with the
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10 | assistance and advice of the Illinois Standardbred Breeders | ||||||
11 | Fund
Advisory Board:
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12 | 1. Qualify stallions for Illinois Standardbred | ||||||
13 | Breeders Fund breeding; such stallion
shall be owned by a | ||||||
14 | resident of the State of Illinois or by an Illinois
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15 | corporation all of whose shareholders, directors, officers | ||||||
16 | and
incorporators are residents of the State of Illinois. | ||||||
17 | Such stallion shall
stand for
service at and within the | ||||||
18 | State of Illinois at the time of a foal's
conception, and | ||||||
19 | such stallion must not stand for service at any place, nor
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20 | may semen from such stallion be transported,
outside the | ||||||
21 | State of Illinois during that calendar year in which the
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22 | foal is conceived and that the owner of the stallion was | ||||||
23 | for the
12
months prior, a resident of Illinois. However, | ||||||
24 | from January 1, 2018 until January 1, 2022, semen from an | ||||||
25 | Illinois stallion may be transported outside the State of | ||||||
26 | Illinois.
The articles of agreement of any partnership, |
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1 | joint venture, limited
partnership, syndicate, association | ||||||
2 | or corporation and any bylaws and stock
certificates must | ||||||
3 | contain a restriction that provides that the ownership or
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4 | transfer of interest by any one of the persons a party to | ||||||
5 | the agreement can
only be made to a person who qualifies as | ||||||
6 | an Illinois resident.
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7 | 2. Provide for the registration of Illinois conceived | ||||||
8 | and foaled
horses and no such horse shall compete in the | ||||||
9 | races limited to Illinois
conceived and foaled horses | ||||||
10 | unless registered with the Department of
Agriculture. The | ||||||
11 | Department of Agriculture may prescribe such forms as
may | ||||||
12 | be necessary to determine the eligibility of such horses. | ||||||
13 | No person
shall knowingly prepare or cause preparation of | ||||||
14 | an application for
registration of such foals containing | ||||||
15 | false information.
A mare (dam) must be in the State state | ||||||
16 | at least 30 days prior to foaling or
remain in the State at | ||||||
17 | least 30 days at the time of foaling. However, the | ||||||
18 | requirement that a mare (dam) must be in the State at least | ||||||
19 | 30 days before foaling or remain in the State at least 30 | ||||||
20 | days at the time of foaling shall not be in effect from | ||||||
21 | January 1, 2018 until January 1, 2022.
Beginning with the | ||||||
22 | 1996 breeding season and for foals of 1997 and thereafter,
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23 | a foal conceived by transported fresh semen may be eligible | ||||||
24 | for Illinois
conceived and foaled registration provided | ||||||
25 | all breeding and foaling
requirements are met. The stallion | ||||||
26 | must be qualified for Illinois Standardbred
Breeders Fund |
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1 | breeding at the time of conception and the mare must be
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2 | inseminated within the State of Illinois. The foal must be | ||||||
3 | dropped in Illinois
and properly registered with the | ||||||
4 | Department of Agriculture in accordance with
this Act. | ||||||
5 | However, from January 1, 2018 until January 1, 2022, the | ||||||
6 | requirement for a mare to be inseminated within the State | ||||||
7 | of Illinois and the requirement for a foal to be dropped in | ||||||
8 | Illinois are inapplicable.
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9 | 3. Provide that at least a 5 day racing program shall | ||||||
10 | be conducted
at the State Fair each year, which program | ||||||
11 | shall include at least the
following races limited to | ||||||
12 | Illinois conceived and foaled horses: (a) a
two year old | ||||||
13 | Trot and Pace, and Filly Division of each; (b) a three
year | ||||||
14 | old Trot and Pace, and Filly Division of each; (c) an aged | ||||||
15 | Trot and Pace,
and Mare Division of each.
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16 | 4. Provide for the payment of nominating, sustaining | ||||||
17 | and starting
fees for races promoting the sport of harness | ||||||
18 | racing and for the races
to be conducted at the State Fair | ||||||
19 | as provided in
subsection (j) 3 of this Section provided | ||||||
20 | that the nominating,
sustaining and starting payment | ||||||
21 | required from an entrant shall not
exceed 2% of the purse | ||||||
22 | of such race. All nominating, sustaining and
starting | ||||||
23 | payments shall be held for the benefit of entrants and | ||||||
24 | shall be
paid out as part of the respective purses for such | ||||||
25 | races.
Nominating, sustaining and starting fees shall be | ||||||
26 | held in trust accounts
for the purposes as set forth in |
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1 | this Act and in accordance with Section
205-15 of the | ||||||
2 | Department of Agriculture Law (20 ILCS
205/205-15).
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3 | 5. Provide for the registration with the Department of | ||||||
4 | Agriculture
of Colt Associations or county fairs desiring | ||||||
5 | to sponsor races at county
fairs.
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6 | (k) The Department of Agriculture, with the advice and | ||||||
7 | assistance of the
Illinois
Standardbred Breeders Fund Advisory | ||||||
8 | Board, may allocate monies for purse
supplements for such | ||||||
9 | races. In determining whether to allocate money and
the amount, | ||||||
10 | the Department
of Agriculture shall consider factors, | ||||||
11 | including but not limited to, the
amount of money appropriated | ||||||
12 | for the Illinois Standardbred Breeders Fund
program, the number | ||||||
13 | of races that may occur, and an organizational
licensee's purse | ||||||
14 | structure. The organizational licensee shall notify the
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15 | Department of Agriculture of the conditions and minimum purses | ||||||
16 | for races
limited to Illinois conceived and foaled horses to be | ||||||
17 | conducted by each
organizational licensee conducting a harness | ||||||
18 | racing meeting for which purse
supplements have been | ||||||
19 | negotiated.
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20 | (l) All races held at county fairs and the State Fair which | ||||||
21 | receive funds
from the Illinois Standardbred Breeders Fund | ||||||
22 | shall be conducted in
accordance with the rules of the United | ||||||
23 | States Trotting Association unless
otherwise modified by the | ||||||
24 | Department of Agriculture.
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25 | (m) At all standardbred race meetings held or conducted | ||||||
26 | under authority of a
license granted by the Board, and at all |
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1 | standardbred races held at county
fairs which are approved by | ||||||
2 | the Department of Agriculture or at the
Illinois or DuQuoin | ||||||
3 | State Fairs, no one shall jog, train, warm up or drive
a | ||||||
4 | standardbred horse unless he or she is wearing a protective | ||||||
5 | safety helmet,
with the
chin strap fastened and in place, which | ||||||
6 | meets the standards and
requirements as set forth in the 1984 | ||||||
7 | Standard for Protective Headgear for
Use in Harness Racing and | ||||||
8 | Other Equestrian Sports published by the Snell
Memorial | ||||||
9 | Foundation, or any standards and requirements for headgear the
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10 | Illinois Racing Board may approve. Any other standards and | ||||||
11 | requirements so
approved by the Board shall equal or exceed | ||||||
12 | those published by the Snell
Memorial Foundation. Any | ||||||
13 | equestrian helmet bearing the Snell label shall
be deemed to | ||||||
14 | have met those standards and requirements.
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15 | (Source: P.A. 99-756, eff. 8-12-16.)
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16 | (230 ILCS 5/33.1) (from Ch. 8, par. 37-33.1)
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17 | Sec. 33.1.
(a) The Department of Agriculture shall be | ||||||
18 | responsible for
investigating and determining the eligibility | ||||||
19 | of mares and Illinois conceived
and foaled horses and Illinois | ||||||
20 | foaled horses to participate in
Illinois conceived and foaled | ||||||
21 | and Illinois foaled races. The Department
of Agriculture shall | ||||||
22 | also qualify stallions to participate in the Illinois
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23 | Standardbred and Thoroughbred programs.
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24 | (b) The Director of the Department of Agriculture or his | ||||||
25 | authorized agent
is authorized to conduct hearings, administer |
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1 | oaths, and issue subpoenas
to carry out his responsibilities | ||||||
2 | concerning the Illinois Standardbred and
Thoroughbred programs | ||||||
3 | as set forth in Sections 30 and 31.
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4 | (c) The Director of the Department of Agriculture or his | ||||||
5 | authorized agent
shall, after a hearing, affirm or deny the | ||||||
6 | qualification of a stallion for
the Illinois Standardbred or | ||||||
7 | Thoroughbred program. The decision of the
Director of the | ||||||
8 | Department of Agriculture or his authorized agent shall
be | ||||||
9 | subject to judicial review under the Administrative Review Law. | ||||||
10 | The
term "administrative decision" shall have the meaning | ||||||
11 | ascribed to it in
Section 3-101 of the Administrative Review | ||||||
12 | Law.
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13 | (d) If the determination is made that a standardbred | ||||||
14 | stallion is not
owned by a resident
of the State of Illinois or | ||||||
15 | that a transfer of ownership is a subterfuge to
qualify a | ||||||
16 | standardbred stallion under the Act,
or that a standardbred | ||||||
17 | stallion owner, manager, or person associated with
him or her | ||||||
18 | has knowingly participated in the arrangements for | ||||||
19 | transporting
semen from a
standardbred stallion registered | ||||||
20 | under this Act out-of-state,
the Director of the Department of | ||||||
21 | Agriculture
or his authorized agent shall immediately publish | ||||||
22 | notice of such fact in
publications devoted to news concerning | ||||||
23 | standardbred
horses,
announcing the disqualification of such | ||||||
24 | stallion or his foals. From January 1, 2018 until January 1, | ||||||
25 | 2022, the Director of Agriculture or his or her authorized | ||||||
26 | agent shall not publish notice announcing the disqualification |
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1 | of such stallion or his foals on the basis that a stallion | ||||||
2 | owner, manager, or person associated with him or her has | ||||||
3 | knowingly participated in the arrangements for transporting | ||||||
4 | semen from a standardbred stallion registered under this Act | ||||||
5 | out of State. If any
person owning any stallion, mare or foal | ||||||
6 | is found by the Director of the
Department of Agriculture or | ||||||
7 | his authorized agent to have willfully violated
any provision | ||||||
8 | of this Act or to have made any false statements concerning
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9 | such person's stallion, mare or foal, then no animal owned by | ||||||
10 | such person is
eligible to participate in any events conducted | ||||||
11 | pursuant to Sections 30 and 31.
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12 | (e) Any person who is served with a subpoena, issued by the | ||||||
13 | Director of
the Department of Agriculture or his authorized | ||||||
14 | agent, to appear and testify
or to produce documents and who | ||||||
15 | refuses or neglects to testify or produce
documents relevant to | ||||||
16 | the investigation, as directed in the subpoenas, may
be | ||||||
17 | punished as provided in this Section.
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18 | (f) Any circuit court of this State, upon petition by the | ||||||
19 | Director of the
Department of Agriculture or his authorized | ||||||
20 | agent, may compel the attendance
of witnesses, the production | ||||||
21 | of documents and giving the testimony required
by this Section | ||||||
22 | in the same manner as the production of evidence may be
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23 | compelled in any other judicial proceeding before such court. | ||||||
24 | Any person
who willfully swears or affirms falsely in any | ||||||
25 | proceeding conducted pursuant
to this Section is guilty of | ||||||
26 | perjury.
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1 | (g) The fees of witnesses for attendance and travel in the | ||||||
2 | course of any
investigation shall be the same as the fees of | ||||||
3 | witnesses before the circuit
courts of this State.
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4 | (h) The Department shall have authority to promulgate rules | ||||||
5 | and regulations
for the enforcement of Sections 30, 31 and 33.1 | ||||||
6 | of this Act. Conditions
and purses shall not be subject to | ||||||
7 | Section 5-40 of the Illinois Administrative
Procedure Act but | ||||||
8 | shall be set and published from time to time.
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9 | (Source: P.A. 88-45; 89-16, eff. 5-30-95.)
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10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.
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