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1 | AN ACT in relation to gambling.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
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
Section 30 as follows:
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6 | (230 ILCS 5/30) (from Ch. 8, par. 37-30)
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7 | Sec. 30. (a) The General Assembly declares that it is the | |||||||||||||||||||
8 | policy of
this State to encourage the breeding of thoroughbred | |||||||||||||||||||
9 | horses in this
State and the ownership of such horses by | |||||||||||||||||||
10 | residents of this State in
order to provide for: sufficient | |||||||||||||||||||
11 | numbers of high quality thoroughbred
horses to participate in | |||||||||||||||||||
12 | thoroughbred racing meetings in this State,
and to establish | |||||||||||||||||||
13 | and preserve the agricultural and commercial benefits
of such | |||||||||||||||||||
14 | breeding and racing industries to the State of Illinois. It is
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15 | the intent of the General Assembly to further this policy by | |||||||||||||||||||
16 | the
provisions of this Act.
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17 | (b) Each organization licensee conducting a thoroughbred
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18 | racing meeting
pursuant to this Act shall provide at least two | |||||||||||||||||||
19 | races each day limited
to Illinois conceived and foaled horses | |||||||||||||||||||
20 | or Illinois foaled horses or
both. A minimum of 6 races shall | |||||||||||||||||||
21 | be conducted each week limited to
Illinois conceived and foaled | |||||||||||||||||||
22 | or Illinois foaled horses or both. No
horses shall be permitted | |||||||||||||||||||
23 | to start in such races unless duly registered
under the rules | |||||||||||||||||||
24 | of the Department of Agriculture.
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25 | (c) Conditions of races under subsection (b) shall be
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26 | commensurate
with past performance, quality, and class of | |||||||||||||||||||
27 | Illinois conceived and foaled
and Illinois foaled horses
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28 | available. If, however, sufficient competition cannot be had | |||||||||||||||||||
29 | among
horses of that class on any day, the races may, with | |||||||||||||||||||
30 | consent of the
Board, be eliminated for that day and substitute | |||||||||||||||||||
31 | races provided.
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32 | (d) There is hereby created a special fund of the State |
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1 | Treasury to
be known as the Illinois Thoroughbred Breeders | ||||||
2 | Fund.
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3 | Except as provided in subsection (g) of Section 27 of this | ||||||
4 | Act, 8.5% of all
the monies received by the State as
privilege | ||||||
5 | taxes on Thoroughbred racing meetings shall be paid into the | ||||||
6 | Illinois
Thoroughbred Breeders Fund.
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7 | (e) The Illinois Thoroughbred Breeders Fund shall be | ||||||
8 | administered by
the Department of Agriculture
with the advice | ||||||
9 | and assistance of the
Advisory Board created in subsection (f) | ||||||
10 | of this Section.
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11 | (f) The Illinois Thoroughbred Breeders Fund Advisory Board | ||||||
12 | shall
consist of the Director of the Department of Agriculture, | ||||||
13 | who shall
serve as Chairman; a member of the Illinois Racing | ||||||
14 | Board, designated by
it; 2 representatives of the organization | ||||||
15 | licensees
conducting thoroughbred
racing meetings, recommended | ||||||
16 | by them; 2 representatives of the Illinois
Thoroughbred | ||||||
17 | Breeders and Owners Foundation, recommended by it; and 2
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18 | representatives of the Horsemen's Benevolent Protective | ||||||
19 | Association or any
successor organization established in | ||||||
20 | Illinois comprised of the largest number
of owners and | ||||||
21 | trainers,
recommended
by it, with one representative of the | ||||||
22 | Horsemen's Benevolent and Protective
Association to come from | ||||||
23 | its Illinois Division, and one from its Chicago
Division. | ||||||
24 | Advisory Board members shall serve for 2 years commencing | ||||||
25 | January 1
of
each odd numbered year. If representatives of the | ||||||
26 | organization licensees
conducting thoroughbred racing | ||||||
27 | meetings, the Illinois Thoroughbred Breeders and
Owners | ||||||
28 | Foundation, and the Horsemen's Benevolent Protection | ||||||
29 | Association have
not been recommended by January 1, of each odd | ||||||
30 | numbered year, the Director of
the Department of Agriculture | ||||||
31 | shall make an appointment for the organization
failing to so | ||||||
32 | recommend a member of the Advisory Board. Advisory Board | ||||||
33 | members
shall receive no compensation for their services as | ||||||
34 | members but shall be
reimbursed for all actual and necessary | ||||||
35 | expenses and disbursements incurred in
the execution of their | ||||||
36 | official duties.
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1 | (g) No monies shall be expended from the Illinois | ||||||
2 | Thoroughbred
Breeders Fund except as appropriated by the | ||||||
3 | General Assembly. Monies
appropriated from the Illinois | ||||||
4 | Thoroughbred Breeders Fund shall be
expended by the Department | ||||||
5 | of Agriculture,
with the advice and
assistance of the Illinois | ||||||
6 | Thoroughbred Breeders Fund Advisory Board,
for the following | ||||||
7 | purposes only:
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8 | (1) To provide purse supplements to owners of horses | ||||||
9 | participating
in races limited to Illinois conceived and | ||||||
10 | foaled and Illinois foaled
horses. Any such purse | ||||||
11 | supplements shall not be included in and shall
be paid in | ||||||
12 | addition to any purses, stakes, or breeders' awards offered
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13 | by each organization licensee as determined by agreement | ||||||
14 | between such
organization licensee and an organization | ||||||
15 | representing the horsemen. No
monies from the Illinois | ||||||
16 | Thoroughbred Breeders Fund shall be used to provide
purse | ||||||
17 | supplements for claiming races in which the minimum | ||||||
18 | claiming price is
less than $7,500.
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19 | (2) To provide stakes and awards to be paid to the | ||||||
20 | owners of the
winning horses in certain races limited to | ||||||
21 | Illinois conceived and foaled
and Illinois foaled horses | ||||||
22 | designated as stakes races.
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23 | (2.5) To provide an award to the owner or owners of an | ||||||
24 | Illinois
conceived and foaled or Illinois foaled horse that | ||||||
25 | wins a
maiden special weight, an allowance, overnight | ||||||
26 | handicap race, or
claiming race with claiming price of | ||||||
27 | $10,000 or more providing the race
is not restricted
to | ||||||
28 | Illinois conceived and foaled or Illinois foaled horses.
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29 | Awards shall
also be provided to the owner or owners of | ||||||
30 | Illinois conceived and foaled and
Illinois foaled horses | ||||||
31 | that place second or third in those races. To the
extent
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32 | that additional moneys are required to pay the minimum | ||||||
33 | additional awards of 40%
of the purse the horse earns for | ||||||
34 | placing first, second or third in those races
for Illinois | ||||||
35 | foaled horses and of 60% of the purse the horse earns for | ||||||
36 | placing
first, second or third in those races for Illinois
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1 | conceived and foaled horses, those moneys shall be provided | ||||||
2 | from the purse
account at the track where earned.
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3 | (3) To provide stallion awards to the owner or owners | ||||||
4 | of any
stallion that is duly registered with the Illinois | ||||||
5 | Thoroughbred Breeders
Fund Program prior to the effective | ||||||
6 | date of this amendatory Act of 1995 whose
duly registered | ||||||
7 | Illinois conceived and foaled offspring wins a race | ||||||
8 | conducted
at an Illinois
thoroughbred racing meeting other | ||||||
9 | than a claiming race. Such
award
shall not be paid to the | ||||||
10 | owner or owners of an Illinois stallion that served
outside | ||||||
11 | this State at any time during the calendar year in which | ||||||
12 | such race was
conducted.
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13 | (4) To provide $75,000 annually for purses to be
| ||||||
14 | distributed to
county fairs that provide for the running of | ||||||
15 | races during each county
fair exclusively for the | ||||||
16 | thoroughbreds conceived and foaled in
Illinois. The | ||||||
17 | conditions of the races shall be developed by the county
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18 | fair association and reviewed by the Department with the | ||||||
19 | advice and
assistance of
the Illinois Thoroughbred | ||||||
20 | Breeders Fund Advisory Board. There shall be no
wagering of | ||||||
21 | any kind on the running
of
Illinois conceived and foaled | ||||||
22 | races at county fairs.
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23 | (4.1) To provide purse money for an Illinois stallion | ||||||
24 | stakes program.
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25 | (5) No less than 80% of all monies appropriated from | ||||||
26 | the Illinois
Thoroughbred Breeders Fund shall be expended | ||||||
27 | for the purposes in (1), (2),
(2.5), (3), (4), (4.1), and | ||||||
28 | (5) as shown above.
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29 | (6) To provide for educational programs regarding the | ||||||
30 | thoroughbred
breeding industry.
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31 | (7) To provide for research programs concerning the | ||||||
32 | health,
development and care of the thoroughbred horse.
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33 | (8) To provide for a scholarship and training program | ||||||
34 | for students
of equine veterinary medicine.
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35 | (9) To provide for dissemination of public information | ||||||
36 | designed to
promote the breeding of thoroughbred horses in |
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1 | Illinois.
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2 | (10) To provide for all expenses incurred in the | ||||||
3 | administration of
the Illinois Thoroughbred Breeders Fund.
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4 | (h) Whenever the Governor finds that the amount in the | ||||||
5 | Illinois
Thoroughbred Breeders Fund is more than the total of | ||||||
6 | the outstanding
appropriations from such fund, the Governor | ||||||
7 | shall notify the State
Comptroller and the State Treasurer of | ||||||
8 | such fact. The Comptroller and
the State Treasurer, upon | ||||||
9 | receipt of such notification, shall transfer
such excess amount | ||||||
10 | from the Illinois Thoroughbred Breeders Fund to the
General | ||||||
11 | Revenue Fund.
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12 | (i) A sum equal to 12 1/2% of the first prize money of | ||||||
13 | every purse
won by an Illinois foaled or an Illinois conceived | ||||||
14 | and foaled horse in
races not limited to Illinois foaled horses | ||||||
15 | or Illinois conceived and
foaled horses, or both, shall be paid | ||||||
16 | by the organization licensee
conducting the horse race meeting. | ||||||
17 | Such sum shall be paid from the organization
licensee's share | ||||||
18 | of the money wagered as follows: 11 1/2% to the breeder of
the | ||||||
19 | winning horse and 1% to the organization representing | ||||||
20 | thoroughbred breeders
and owners whose representative serves | ||||||
21 | on the Illinois Thoroughbred Breeders
Fund Advisory Board for | ||||||
22 | verifying the amounts of breeders' awards earned,
assuring | ||||||
23 | their distribution in accordance with this Act, and servicing | ||||||
24 | and
promoting the Illinois thoroughbred horse racing industry. | ||||||
25 | The
organization representing thoroughbred breeders and owners | ||||||
26 | shall cause all
expenditures of monies received under this | ||||||
27 | subsection (i) to be audited
at least annually by a registered | ||||||
28 | public accountant. The organization
shall file copies of each | ||||||
29 | annual audit with the Racing Board, the Clerk of
the House of | ||||||
30 | Representatives and the Secretary of the Senate, and shall
make | ||||||
31 | copies of each annual audit available to the public upon | ||||||
32 | request
and upon payment of the reasonable cost of photocopying | ||||||
33 | the requested
number of copies. Such payments shall not reduce | ||||||
34 | any award to the owner of the
horse or reduce the taxes payable | ||||||
35 | under this Act. Upon completion of its
racing meet, each | ||||||
36 | organization licensee shall deliver to the organization
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1 | representing thoroughbred breeders and owners whose | ||||||
2 | representative serves on
the Illinois Thoroughbred Breeders | ||||||
3 | Fund Advisory Board a listing of all the
Illinois foaled and | ||||||
4 | the Illinois conceived and foaled horses which won
breeders' | ||||||
5 | awards and the amount of such breeders' awards under this | ||||||
6 | subsection
to verify accuracy of payments and assure proper | ||||||
7 | distribution of breeders'
awards in accordance with the | ||||||
8 | provisions of this Act. Such payments shall be
delivered by the | ||||||
9 | organization licensee within 30 days of the end of each race
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10 | meeting.
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11 | (j) A sum equal to 12 1/2% of the first prize money won in | ||||||
12 | each race
limited to Illinois foaled horses or Illinois | ||||||
13 | conceived and foaled
horses, or both, shall be paid in the | ||||||
14 | following manner by the
organization licensee conducting the | ||||||
15 | horse race meeting, from the
organization licensee's share of | ||||||
16 | the money wagered: 11 1/2% to the breeders of
the horses in | ||||||
17 | each such race which are the official first, second, third
and | ||||||
18 | fourth finishers and 1% to the organization representing | ||||||
19 | thoroughbred
breeders and owners whose representative serves | ||||||
20 | on the Illinois Thoroughbred
Breeders Fund Advisory Board for | ||||||
21 | verifying the amounts of breeders' awards
earned, assuring | ||||||
22 | their proper distribution in accordance with this Act, and
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23 | servicing and promoting the Illinois thoroughbred horse racing | ||||||
24 | industry. The
organization representing thoroughbred breeders | ||||||
25 | and owners shall cause all
expenditures of monies received | ||||||
26 | under this subsection (j) to be audited
at least annually by a | ||||||
27 | registered public accountant. The organization
shall file | ||||||
28 | copies of each annual audit with the Racing Board, the Clerk of
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29 | the House of Representatives and the Secretary of the Senate, | ||||||
30 | and shall
make copies of each annual audit available to the | ||||||
31 | public upon request
and upon payment of the reasonable cost of | ||||||
32 | photocopying the requested
number of copies.
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33 | The 11 1/2% paid to the breeders in accordance with this | ||||||
34 | subsection
shall be distributed as follows:
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35 | (1) 60% of such sum shall be paid to the breeder of the | ||||||
36 | horse which
finishes in the official first position;
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1 | (2) 20% of such sum shall be paid to the breeder of the | ||||||
2 | horse which
finishes in the official second position;
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3 | (3) 15% of such sum shall be paid to the breeder of the | ||||||
4 | horse which
finishes in the official third position; and
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5 | (4) 5% of such sum shall be paid to the breeder of the | ||||||
6 | horse which
finishes in the official fourth position.
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7 | Such payments shall not reduce any award to the owners of a | ||||||
8 | horse or
reduce the taxes payable under this Act. Upon | ||||||
9 | completion of its racing meet,
each organization licensee shall | ||||||
10 | deliver to the organization representing
thoroughbred breeders | ||||||
11 | and owners whose representative serves on the Illinois
| ||||||
12 | Thoroughbred Breeders Fund Advisory Board a listing of all the | ||||||
13 | Illinois foaled
and the Illinois conceived and foaled horses | ||||||
14 | which won breeders' awards and the
amount of such breeders' | ||||||
15 | awards in accordance with the provisions of this Act.
Such | ||||||
16 | payments shall be delivered by the organization licensee within | ||||||
17 | 30 days of
the end of each race meeting.
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18 | (k) The term "breeder", as used herein, means the owner of | ||||||
19 | the mare at
the time the foal is dropped. An "Illinois foaled | ||||||
20 | horse" is a foal
dropped by a mare which enters this State on | ||||||
21 | or before December 1, in the
year in which the horse is bred,
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22 | provided the mare remains continuously in this State until its | ||||||
23 | foal is born. An
"Illinois
foaled
horse" also means a foal born | ||||||
24 | of a mare in the same year
as the
mare enters this State on or | ||||||
25 | before March 1,
and remains in this State at
least 30
days | ||||||
26 | after foaling, is bred back during the season of the foaling to
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27 | an
Illinois Registered Stallion (unless a veterinarian | ||||||
28 | certifies that the mare
should not be bred for health reasons), | ||||||
29 | and is not bred to a stallion
standing in any other state | ||||||
30 | during the season of foaling. An "Illinois
foaled horse" also | ||||||
31 | means a foal born in Illinois of a mare purchased at public
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32 | auction
subsequent to the mare entering this State prior to | ||||||
33 | February 1 of the foaling
year providing the mare is owned | ||||||
34 | solely by one or more Illinois residents or an
Illinois
entity | ||||||
35 | that is entirely owned by one or more Illinois residents.
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36 | (l) The Department of Agriculture shall, by rule, with the |
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1 | advice
and assistance of the Illinois Thoroughbred Breeders | ||||||
2 | Fund Advisory
Board:
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3 | (1) Qualify stallions for Illinois breeding; such | ||||||
4 | stallions to stand for
service within the State of Illinois | ||||||
5 | at the time of a foal's conception. Such
stallion must not | ||||||
6 | stand for service at any place outside the State of | ||||||
7 | Illinois
during the calendar year in which the foal is | ||||||
8 | conceived.
The Department of Agriculture may assess and | ||||||
9 | collect application fees for the
registration of | ||||||
10 | Illinois-eligible stallions. All fees collected are to be | ||||||
11 | paid
into the Illinois Thoroughbred Breeders Fund.
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12 | (2) Provide for the registration of Illinois conceived | ||||||
13 | and foaled
horses and Illinois foaled horses. No such horse | ||||||
14 | shall compete in
the races limited to Illinois conceived | ||||||
15 | and foaled horses or Illinois
foaled horses or both unless | ||||||
16 | registered with the Department of
Agriculture. The | ||||||
17 | Department of Agriculture may prescribe such forms as
are | ||||||
18 | necessary to determine the eligibility of such horses. The | ||||||
19 | Department of
Agriculture may assess and collect | ||||||
20 | application fees for the registration of
Illinois-eligible | ||||||
21 | foals. All fees collected are to be paid into the Illinois
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22 | Thoroughbred Breeders Fund. No person
shall knowingly | ||||||
23 | prepare or cause preparation of an application for
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24 | registration of such foals containing false information.
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25 | (m) The Department of Agriculture, with the advice and | ||||||
26 | assistance of
the Illinois Thoroughbred Breeders Fund Advisory | ||||||
27 | Board, shall provide that certain races
limited to Illinois | ||||||
28 | conceived and foaled and Illinois foaled horses be
stakes races | ||||||
29 | and determine the total amount of stakes and awards to be paid
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30 | to the owners of the winning horses in such races.
| ||||||
31 | In determining the stakes races and the amount of awards | ||||||
32 | for such races,
the Department of Agriculture shall consider | ||||||
33 | factors, including but not
limited to, the amount of money | ||||||
34 | appropriated for the Illinois Thoroughbred
Breeders Fund | ||||||
35 | program, organization licensees' contributions,
availability | ||||||
36 | of stakes caliber horses as demonstrated by past performances,
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1 | whether the race can be coordinated into the proposed racing | ||||||
2 | dates within
organization licensees' racing dates, opportunity | ||||||
3 | for
colts and fillies
and various age groups to race, public | ||||||
4 | wagering on such races, and the
previous racing schedule.
| ||||||
5 | (n) The Board and the organizational licensee shall
notify | ||||||
6 | the Department of the conditions and minimum purses for races
| ||||||
7 | limited to Illinois conceived and foaled and Illinois foaled | ||||||
8 | horses
conducted for each organizational licensee conducting a | ||||||
9 | thoroughbred racing
meeting. The Department of Agriculture | ||||||
10 | with the advice and assistance of
the Illinois Thoroughbred | ||||||
11 | Breeders Fund Advisory Board may allocate monies
for purse | ||||||
12 | supplements for such races. In determining whether to allocate
| ||||||
13 | money and the amount, the Department of Agriculture shall | ||||||
14 | consider factors,
including but not limited to, the amount of | ||||||
15 | money appropriated for the
Illinois Thoroughbred Breeders Fund | ||||||
16 | program, the number of races that may
occur, and the | ||||||
17 | organizational licensee's purse structure.
| ||||||
18 | (o) In order to improve the breeding quality of | ||||||
19 | thoroughbred horses in the
State, the General Assembly | ||||||
20 | recognizes that existing provisions of this Section
to | ||||||
21 | encourage such quality breeding need to be revised and | ||||||
22 | strengthened. As
such, a Thoroughbred Breeder's Program Task | ||||||
23 | Force is to be appointed by the
Governor by September 1, 1999 | ||||||
24 | to make recommendations to the General Assembly
by
no later | ||||||
25 | than March 1, 2000.
This task force is to be composed of 2 | ||||||
26 | representatives from the Illinois
Thoroughbred Breeders and | ||||||
27 | Owners Foundation, 2 from the Illinois Thoroughbred
Horsemen's | ||||||
28 | Association, 3 from Illinois race tracks operating | ||||||
29 | thoroughbred
race meets for an average of at least 30 days in | ||||||
30 | the past 3 years, the Director
of Agriculture, the Executive | ||||||
31 | Director of the Racing Board, who shall serve as
Chairman.
| ||||||
32 | (Source: P.A. 91-40, eff. 6-25-99.)
|