100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5459

 

Introduced , by Rep. Norine K. Hammond

 

SYNOPSIS AS INTRODUCED:
 
230 ILCS 5/3.31 new
230 ILCS 5/31  from Ch. 8, par. 37-31
230 ILCS 5/33.1  from Ch. 8, par. 37-33.1

    Amends the Illinois Horse Racing Act of 1975. The following changes are effective until January 1, 2022: Provides that "Illinois conceived and foaled", as the term applies to a standardbred, includes a standardbred horse whose sire is a qualified Illinois stallion. Provides that semen from a stallion qualified for the Illinois Standardbred Breeders Fund may be transported outside the State. Removes the requirement that for a horse to qualify for an Illinois conceived and foaled race the mare must be in the State at least 30 days before foaling or remain the State at least 30 days at the time of foaling. Removes the requirement that for a horse to qualify for an Illinois conceived and foaled race the mare must be inseminated within the State and the foal must be dropped in the State. Provides that the Director of Agriculture or his or her authorized agent shall not publish notice announcing disqualification of a stallion or his foals on the basis that the stallion owner, manager, or person associated has knowingly participated in the arrangements for transporting semen from a standardbred stallion registered under the Act out of State. Effective immediately.


LRB100 20006 SMS 35287 b

 

 

A BILL FOR

 

HB5459LRB100 20006 SMS 35287 b

1    AN ACT concerning gaming.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Horse Racing Act of 1975 is amended
5by changing Sections 31 and 33.1 and by adding Section 3.31 as
6follows:
 
7    (230 ILCS 5/3.31 new)
8    Sec. 3.31. Illinois conceived and foaled. Notwithstanding
9any provision of this Act to the contrary, from the effective
10date of this amendatory Act of the 100th General Assembly until
11January 1, 2022, "Illinois conceived and foaled", as the term
12applies to a standardbred, includes a standardbred horse whose
13sire is a qualified Illinois stallion.
 
14    (230 ILCS 5/31)  (from Ch. 8, par. 37-31)
15    Sec. 31. (a) The General Assembly declares that it is the
16policy of this State to encourage the breeding of standardbred
17horses in this State and the ownership of such horses by
18residents of this State in order to provide for: sufficient
19numbers of high quality standardbred horses to participate in
20harness racing meetings in this State, and to establish and
21preserve the agricultural and commercial benefits of such
22breeding and racing industries to the State of Illinois. It is

 

 

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1the intent of the General Assembly to further this policy by
2the provisions of this Section of this Act.
3    (b) Each organization licensee conducting a harness racing
4meeting pursuant to this Act shall provide for at least two
5races each race program limited to Illinois conceived and
6foaled horses. A minimum of 6 races shall be conducted each
7week limited to Illinois conceived and foaled horses. No horses
8shall be permitted to start in such races unless duly
9registered under the rules of the Department of Agriculture.
10    (c) Conditions of races under subsection (b) shall be
11commensurate with past performance, quality and class of
12Illinois conceived and foaled horses available. If, however,
13sufficient competition cannot be had among horses of that class
14on any day, the races may, with consent of the Board, be
15eliminated for that day and substitute races provided.
16    (d) There is hereby created a special fund of the State
17Treasury to be known as the Illinois Standardbred Breeders
18Fund.
19    During the calendar year 1981, and each year thereafter,
20except as provided in subsection (g) of Section 27 of this Act,
21eight and one-half per cent of all the monies received by the
22State as privilege taxes on harness racing meetings shall be
23paid into the Illinois Standardbred Breeders Fund.
24    (e) The Illinois Standardbred Breeders Fund shall be
25administered by the Department of Agriculture with the
26assistance and advice of the Advisory Board created in

 

 

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1subsection (f) of this Section.
2    (f) The Illinois Standardbred Breeders Fund Advisory Board
3is hereby created. The Advisory Board shall consist of the
4Director of the Department of Agriculture, who shall serve as
5Chairman; the Superintendent of the Illinois State Fair; a
6member of the Illinois Racing Board, designated by it; a
7representative of the largest association of Illinois
8standardbred owners and breeders, recommended by it; a
9representative of a statewide association representing
10agricultural fairs in Illinois, recommended by it, such
11representative to be from a fair at which Illinois conceived
12and foaled racing is conducted; a representative of the
13organization licensees conducting harness racing meetings,
14recommended by them; a representative of the Breeder's
15Committee of the association representing the largest number of
16standardbred owners, breeders, trainers, caretakers, and
17drivers, recommended by it; and a representative of the
18association representing the largest number of standardbred
19owners, breeders, trainers, caretakers, and drivers,
20recommended by it. Advisory Board members shall serve for 2
21years commencing January 1 of each odd numbered year. If
22representatives of the largest association of Illinois
23standardbred owners and breeders, a statewide association of
24agricultural fairs in Illinois, the association representing
25the largest number of standardbred owners, breeders, trainers,
26caretakers, and drivers, a member of the Breeder's Committee of

 

 

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1the association representing the largest number of
2standardbred owners, breeders, trainers, caretakers, and
3drivers, and the organization licensees conducting harness
4racing meetings have not been recommended by January 1 of each
5odd numbered year, the Director of the Department of
6Agriculture shall make an appointment for the organization
7failing to so recommend a member of the Advisory Board.
8Advisory Board members shall receive no compensation for their
9services as members but shall be reimbursed for all actual and
10necessary expenses and disbursements incurred in the execution
11of their official duties.
12    (g) No monies shall be expended from the Illinois
13Standardbred Breeders Fund except as appropriated by the
14General Assembly. Monies appropriated from the Illinois
15Standardbred Breeders Fund shall be expended by the Department
16of Agriculture, with the assistance and advice of the Illinois
17Standardbred Breeders Fund Advisory Board for the following
18purposes only:
19        1. To provide purses for races limited to Illinois
20    conceived and foaled horses at the State Fair.
21        2. To provide purses for races limited to Illinois
22    conceived and foaled horses at county fairs.
23        3. To provide purse supplements for races limited to
24    Illinois conceived and foaled horses conducted by
25    associations conducting harness racing meetings.
26        4. No less than 75% of all monies in the Illinois

 

 

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1    Standardbred Breeders Fund shall be expended for purses in
2    1, 2 and 3 as shown above.
3        5. In the discretion of the Department of Agriculture
4    to provide awards to harness breeders of Illinois conceived
5    and foaled horses which win races conducted by organization
6    licensees conducting harness racing meetings. A breeder is
7    the owner of a mare at the time of conception. No more than
8    10% of all monies appropriated from the Illinois
9    Standardbred Breeders Fund shall be expended for such
10    harness breeders awards. No more than 25% of the amount
11    expended for harness breeders awards shall be expended for
12    expenses incurred in the administration of such harness
13    breeders awards.
14        6. To pay for the improvement of racing facilities
15    located at the State Fair and County fairs.
16        7. To pay the expenses incurred in the administration
17    of the Illinois Standardbred Breeders Fund.
18        8. To promote the sport of harness racing.
19    (h) Whenever the Governor finds that the amount in the
20Illinois Standardbred Breeders Fund is more than the total of
21the outstanding appropriations from such fund, the Governor
22shall notify the State Comptroller and the State Treasurer of
23such fact. The Comptroller and the State Treasurer, upon
24receipt of such notification, shall transfer such excess amount
25from the Illinois Standardbred Breeders Fund to the General
26Revenue Fund.

 

 

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1    (i) A sum equal to 12 1/2% of the first prize money of
2every purse won by an Illinois conceived and foaled horse shall
3be paid by the organization licensee conducting the horse race
4meeting to the breeder of such winning horse from the
5organization licensee's share of the money wagered. Such
6payment shall not reduce any award to the owner of the horse or
7reduce the taxes payable under this Act. Such payment shall be
8delivered by the organization licensee at the end of each race
9meeting.
10    (j) The Department of Agriculture shall, by rule, with the
11assistance and advice of the Illinois Standardbred Breeders
12Fund Advisory Board:
13        1. Qualify stallions for Illinois Standardbred
14    Breeders Fund breeding; such stallion shall be owned by a
15    resident of the State of Illinois or by an Illinois
16    corporation all of whose shareholders, directors, officers
17    and incorporators are residents of the State of Illinois.
18    Such stallion shall stand for service at and within the
19    State of Illinois at the time of a foal's conception, and
20    such stallion must not stand for service at any place, nor
21    may semen from such stallion be transported, outside the
22    State of Illinois during that calendar year in which the
23    foal is conceived and that the owner of the stallion was
24    for the 12 months prior, a resident of Illinois. However,
25    upon the effective date of this amendatory Act of the 100th
26    General Assembly until January 1, 2022, semen from an

 

 

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1    Illinois stallion may be transported outside the State of
2    Illinois. The articles of agreement of any partnership,
3    joint venture, limited partnership, syndicate, association
4    or corporation and any bylaws and stock certificates must
5    contain a restriction that provides that the ownership or
6    transfer of interest by any one of the persons a party to
7    the agreement can only be made to a person who qualifies as
8    an Illinois resident.
9        2. Provide for the registration of Illinois conceived
10    and foaled horses and no such horse shall compete in the
11    races limited to Illinois conceived and foaled horses
12    unless registered with the Department of Agriculture. The
13    Department of Agriculture may prescribe such forms as may
14    be necessary to determine the eligibility of such horses.
15    No person shall knowingly prepare or cause preparation of
16    an application for registration of such foals containing
17    false information. A mare (dam) must be in the State state
18    at least 30 days prior to foaling or remain in the State at
19    least 30 days at the time of foaling. However, the
20    requirement that a mare (dam) must be in the State at least
21    30 days before foaling or remain in the State at least 30
22    days at the time of foaling shall not be in effect from the
23    effective date of this amendatory Act of the 100th General
24    Assembly until January 1, 2022. Beginning with the 1996
25    breeding season and for foals of 1997 and thereafter, a
26    foal conceived by transported fresh semen may be eligible

 

 

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1    for Illinois conceived and foaled registration provided
2    all breeding and foaling requirements are met. The stallion
3    must be qualified for Illinois Standardbred Breeders Fund
4    breeding at the time of conception and the mare must be
5    inseminated within the State of Illinois. The foal must be
6    dropped in Illinois and properly registered with the
7    Department of Agriculture in accordance with this Act.
8    However, from the effective date of this amendatory Act of
9    the 100th General Assembly until January 1, 2022, the
10    requirement for a mare to be inseminated within the State
11    of Illinois and the requirement for a foal to be dropped in
12    Illinois are inapplicable.
13        3. Provide that at least a 5 day racing program shall
14    be conducted at the State Fair each year, which program
15    shall include at least the following races limited to
16    Illinois conceived and foaled horses: (a) a two year old
17    Trot and Pace, and Filly Division of each; (b) a three year
18    old Trot and Pace, and Filly Division of each; (c) an aged
19    Trot and Pace, and Mare Division of each.
20        4. Provide for the payment of nominating, sustaining
21    and starting fees for races promoting the sport of harness
22    racing and for the races to be conducted at the State Fair
23    as provided in subsection (j) 3 of this Section provided
24    that the nominating, sustaining and starting payment
25    required from an entrant shall not exceed 2% of the purse
26    of such race. All nominating, sustaining and starting

 

 

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1    payments shall be held for the benefit of entrants and
2    shall be paid out as part of the respective purses for such
3    races. Nominating, sustaining and starting fees shall be
4    held in trust accounts for the purposes as set forth in
5    this Act and in accordance with Section 205-15 of the
6    Department of Agriculture Law (20 ILCS 205/205-15).
7        5. Provide for the registration with the Department of
8    Agriculture of Colt Associations or county fairs desiring
9    to sponsor races at county fairs.
10    (k) The Department of Agriculture, with the advice and
11assistance of the Illinois Standardbred Breeders Fund Advisory
12Board, may allocate monies for purse supplements for such
13races. In determining whether to allocate money and the amount,
14the Department of Agriculture shall consider factors,
15including but not limited to, the amount of money appropriated
16for the Illinois Standardbred Breeders Fund program, the number
17of races that may occur, and an organizational licensee's purse
18structure. The organizational licensee shall notify the
19Department of Agriculture of the conditions and minimum purses
20for races limited to Illinois conceived and foaled horses to be
21conducted by each organizational licensee conducting a harness
22racing meeting for which purse supplements have been
23negotiated.
24    (l) All races held at county fairs and the State Fair which
25receive funds from the Illinois Standardbred Breeders Fund
26shall be conducted in accordance with the rules of the United

 

 

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1States Trotting Association unless otherwise modified by the
2Department of Agriculture.
3    (m) At all standardbred race meetings held or conducted
4under authority of a license granted by the Board, and at all
5standardbred races held at county fairs which are approved by
6the Department of Agriculture or at the Illinois or DuQuoin
7State Fairs, no one shall jog, train, warm up or drive a
8standardbred horse unless he or she is wearing a protective
9safety helmet, with the chin strap fastened and in place, which
10meets the standards and requirements as set forth in the 1984
11Standard for Protective Headgear for Use in Harness Racing and
12Other Equestrian Sports published by the Snell Memorial
13Foundation, or any standards and requirements for headgear the
14Illinois Racing Board may approve. Any other standards and
15requirements so approved by the Board shall equal or exceed
16those published by the Snell Memorial Foundation. Any
17equestrian helmet bearing the Snell label shall be deemed to
18have met those standards and requirements.
19(Source: P.A. 99-756, eff. 8-12-16.)
 
20    (230 ILCS 5/33.1)  (from Ch. 8, par. 37-33.1)
21    Sec. 33.1. (a) The Department of Agriculture shall be
22responsible for investigating and determining the eligibility
23of mares and Illinois conceived and foaled horses and Illinois
24foaled horses to participate in Illinois conceived and foaled
25and Illinois foaled races. The Department of Agriculture shall

 

 

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1also qualify stallions to participate in the Illinois
2Standardbred and Thoroughbred programs.
3    (b) The Director of the Department of Agriculture or his
4authorized agent is authorized to conduct hearings, administer
5oaths, and issue subpoenas to carry out his responsibilities
6concerning the Illinois Standardbred and Thoroughbred programs
7as set forth in Sections 30 and 31.
8    (c) The Director of the Department of Agriculture or his
9authorized agent shall, after a hearing, affirm or deny the
10qualification of a stallion for the Illinois Standardbred or
11Thoroughbred program. The decision of the Director of the
12Department of Agriculture or his authorized agent shall be
13subject to judicial review under the Administrative Review Law.
14The term "administrative decision" shall have the meaning
15ascribed to it in Section 3-101 of the Administrative Review
16Law.
17    (d) If the determination is made that a standardbred
18stallion is not owned by a resident of the State of Illinois or
19that a transfer of ownership is a subterfuge to qualify a
20standardbred stallion under the Act, or that a standardbred
21stallion owner, manager, or person associated with him or her
22has knowingly participated in the arrangements for
23transporting semen from a standardbred stallion registered
24under this Act out-of-state, the Director of the Department of
25Agriculture or his authorized agent shall immediately publish
26notice of such fact in publications devoted to news concerning

 

 

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1standardbred horses, announcing the disqualification of such
2stallion or his foals. Beginning on the effective date of this
3amendatory Act of the 100th General Assembly until January 1,
42022, the Director of Agriculture or his or her authorized
5agent shall not publish notice announcing the disqualification
6of such stallion or his foals on the basis that a stallion
7owner, manager, or person associated with him or her has
8knowingly participated in the arrangements for transporting
9semen from a standardbred stallion registered under this Act
10out of State. If any person owning any stallion, mare or foal
11is found by the Director of the Department of Agriculture or
12his authorized agent to have willfully violated any provision
13of this Act or to have made any false statements concerning
14such person's stallion, mare or foal, then no animal owned by
15such person is eligible to participate in any events conducted
16pursuant to Sections 30 and 31.
17    (e) Any person who is served with a subpoena, issued by the
18Director of the Department of Agriculture or his authorized
19agent, to appear and testify or to produce documents and who
20refuses or neglects to testify or produce documents relevant to
21the investigation, as directed in the subpoenas, may be
22punished as provided in this Section.
23    (f) Any circuit court of this State, upon petition by the
24Director of the Department of Agriculture or his authorized
25agent, may compel the attendance of witnesses, the production
26of documents and giving the testimony required by this Section

 

 

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1in the same manner as the production of evidence may be
2compelled in any other judicial proceeding before such court.
3Any person who willfully swears or affirms falsely in any
4proceeding conducted pursuant to this Section is guilty of
5perjury.
6    (g) The fees of witnesses for attendance and travel in the
7course of any investigation shall be the same as the fees of
8witnesses before the circuit courts of this State.
9    (h) The Department shall have authority to promulgate rules
10and regulations for the enforcement of Sections 30, 31 and 33.1
11of this Act. Conditions and purses shall not be subject to
12Section 5-40 of the Illinois Administrative Procedure Act but
13shall be set and published from time to time.
14(Source: P.A. 88-45; 89-16, eff. 5-30-95.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.