Full Text of HB5903 98th General Assembly
HB5903ham001 98TH GENERAL ASSEMBLY | Rep. Dennis M. Reboletti Filed: 3/14/2014
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| 1 | | AMENDMENT TO HOUSE BILL 5903
| 2 | | AMENDMENT NO. ______. Amend House Bill 5903 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Horse Racing Act of 1975 is | 5 | | amended by changing Section 30 as follows:
| 6 | | (230 ILCS 5/30) (from Ch. 8, par. 37-30)
| 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
| 15 | | the intent of the General Assembly to further this policy by | 16 | | the
provisions of this Act.
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| 1 | | (b) Each organization licensee conducting a thoroughbred
| 2 | | racing meeting
pursuant to this Act shall provide at least two | 3 | | races each day limited
to Illinois conceived and foaled horses | 4 | | or Illinois foaled horses or
both. A minimum of 6 races shall | 5 | | be conducted each week limited to
Illinois conceived and foaled | 6 | | or Illinois foaled horses or both. No
horses shall be permitted | 7 | | to start in such races unless duly registered
under the rules | 8 | | of the Department of Agriculture.
| 9 | | (c) Conditions of races under subsection (b) shall be
| 10 | | commensurate
with past performance, quality, and class of | 11 | | Illinois conceived and foaled
and Illinois foaled horses
| 12 | | available. If, however, sufficient competition cannot be had | 13 | | among
horses of that class on any day, the races may, with | 14 | | consent of the
Board, be eliminated for that day and substitute | 15 | | races provided.
| 16 | | (d) There is hereby created a special fund of the State | 17 | | Treasury to
be known as the Illinois Thoroughbred Breeders | 18 | | Fund.
| 19 | | Except as provided in subsection (g) of Section 27 of this | 20 | | Act, 8.5% of all
the monies received by the State as
privilege | 21 | | taxes on Thoroughbred racing meetings shall be paid into the | 22 | | Illinois
Thoroughbred Breeders Fund.
| 23 | | (e) The Illinois Thoroughbred Breeders Fund shall be | 24 | | administered by
the Department of Agriculture
with the advice | 25 | | and assistance of the
Advisory Board created in subsection (f) | 26 | | of this Section.
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| 1 | | (f) The Illinois Thoroughbred Breeders Fund Advisory Board | 2 | | shall
consist of the Director of the Department of Agriculture, | 3 | | who shall
serve as Chairman; a member of the Illinois Racing | 4 | | Board, designated by
it; 3 2 representatives of the | 5 | | organization licensees
conducting thoroughbred
racing | 6 | | meetings, recommended by them; 2 representatives of the | 7 | | Illinois
Thoroughbred Breeders and Owners Foundation, | 8 | | recommended by it; one representative and 2
representatives of | 9 | | the Illinois Horsemen's Benevolent and Protective Association , | 10 | | recommended by it; and one representative of the Illinois | 11 | | Horsemen's Association or any
successor organization | 12 | | established in Illinois comprised of the largest number
of | 13 | | owners and trainers ,
recommended
by it , with one representative | 14 | | of the Horsemen's Benevolent and Protective
Association to come | 15 | | from its Illinois Division, and one from its Chicago
Division . | 16 | | Advisory Board members shall serve for 2 years commencing | 17 | | January 1
of
each odd numbered year. If representatives of the | 18 | | organization licensees
conducting thoroughbred racing | 19 | | meetings, the Illinois Thoroughbred Breeders and
Owners | 20 | | Foundation, and the Horsemen's Benevolent Protection | 21 | | Association have
not been recommended by January 1, of each odd | 22 | | numbered year, the Director of
the Department of Agriculture | 23 | | shall make an appointment for the organization
failing to so | 24 | | recommend a member of the Advisory Board. Advisory Board | 25 | | members
shall receive no compensation for their services as | 26 | | members but shall be
reimbursed for all actual and necessary |
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| 1 | | expenses and disbursements incurred in
the execution of their | 2 | | official duties.
| 3 | | (g) No monies shall be expended from the Illinois | 4 | | Thoroughbred
Breeders Fund except as appropriated by the | 5 | | General Assembly. Monies
appropriated from the Illinois | 6 | | Thoroughbred Breeders Fund shall be
expended by the Department | 7 | | of Agriculture,
with the advice and
assistance of the Illinois | 8 | | Thoroughbred Breeders Fund Advisory Board,
for the following | 9 | | purposes only:
| 10 | | (1) To provide purse supplements to owners of horses | 11 | | participating
in races limited to Illinois conceived and | 12 | | foaled and Illinois foaled
horses. Any such purse | 13 | | supplements shall not be included in and shall
be paid in | 14 | | addition to any purses, stakes, or breeders' awards offered
| 15 | | by each organization licensee as determined by agreement | 16 | | between such
organization licensee and an organization | 17 | | representing the horsemen. No
monies from the Illinois | 18 | | Thoroughbred Breeders Fund shall be used to provide
purse | 19 | | supplements for claiming races in which the minimum | 20 | | claiming price is
less than $7,500.
| 21 | | (2) To provide stakes and awards to be paid to the | 22 | | owners of the
winning horses in certain races limited to | 23 | | Illinois conceived and foaled
and Illinois foaled horses | 24 | | designated as stakes races.
| 25 | | (2.5) To provide an award to the owner or owners of an | 26 | | Illinois
conceived and foaled or Illinois foaled horse that |
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| 1 | | wins a
maiden special weight, an allowance, overnight | 2 | | handicap race, or
claiming race with claiming price of | 3 | | $10,000 or more providing the race
is not restricted
to | 4 | | Illinois conceived and foaled or Illinois foaled horses.
| 5 | | Awards shall
also be provided to the owner or owners of | 6 | | Illinois conceived and foaled and
Illinois foaled horses | 7 | | that place second or third in those races. To the
extent
| 8 | | that additional moneys are required to pay the minimum | 9 | | additional awards of 40%
of the purse the horse earns for | 10 | | placing first, second or third in those races
for Illinois | 11 | | foaled horses and of 60% of the purse the horse earns for | 12 | | placing
first, second or third in those races for Illinois
| 13 | | conceived and foaled horses, those moneys shall be provided | 14 | | from the purse
account at the track where earned.
| 15 | | (3) To provide stallion awards to the owner or owners | 16 | | of any
stallion that is duly registered with the Illinois | 17 | | Thoroughbred Breeders
Fund Program prior to the effective | 18 | | date of this amendatory Act of 1995 whose
duly registered | 19 | | Illinois conceived and foaled offspring wins a race | 20 | | conducted
at an Illinois
thoroughbred racing meeting other | 21 | | than a claiming race. Such
award
shall not be paid to the | 22 | | owner or owners of an Illinois stallion that served
outside | 23 | | this State at any time during the calendar year in which | 24 | | such race was
conducted.
| 25 | | (4) To provide $75,000 annually for purses to be
| 26 | | distributed to
county fairs that provide for the running of |
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| 1 | | races during each county
fair exclusively for the | 2 | | thoroughbreds conceived and foaled in
Illinois. The | 3 | | conditions of the races shall be developed by the county
| 4 | | fair association and reviewed by the Department with the | 5 | | advice and
assistance of
the Illinois Thoroughbred | 6 | | Breeders Fund Advisory Board. There shall be no
wagering of | 7 | | any kind on the running
of
Illinois conceived and foaled | 8 | | races at county fairs.
| 9 | | (4.1) To provide purse money for an Illinois stallion | 10 | | stakes program.
| 11 | | (5) No less than 80% of all monies appropriated from | 12 | | the Illinois
Thoroughbred Breeders Fund shall be expended | 13 | | for the purposes in (1), (2),
(2.5), (3), (4), (4.1), and | 14 | | (5) as shown above.
| 15 | | (6) To provide for educational programs regarding the | 16 | | thoroughbred
breeding industry.
| 17 | | (7) To provide for research programs concerning the | 18 | | health,
development and care of the thoroughbred horse.
| 19 | | (8) To provide for a scholarship and training program | 20 | | for students
of equine veterinary medicine.
| 21 | | (9) To provide for dissemination of public information | 22 | | designed to
promote the breeding of thoroughbred horses in | 23 | | Illinois.
| 24 | | (10) To provide for all expenses incurred in the | 25 | | administration of
the Illinois Thoroughbred Breeders Fund.
| 26 | | (h) Whenever the Governor finds that the amount in the |
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| 1 | | Illinois
Thoroughbred Breeders Fund is more than the total of | 2 | | the outstanding
appropriations from such fund, the Governor | 3 | | shall notify the State
Comptroller and the State Treasurer of | 4 | | such fact. The Comptroller and
the State Treasurer, upon | 5 | | receipt of such notification, shall transfer
such excess amount | 6 | | from the Illinois Thoroughbred Breeders Fund to the
General | 7 | | Revenue Fund.
| 8 | | (i) A sum equal to 12 1/2% of the first prize money of | 9 | | every purse
won by an Illinois foaled or an Illinois conceived | 10 | | and foaled horse in
races not limited to Illinois foaled horses | 11 | | or Illinois conceived and
foaled horses, or both, shall be paid | 12 | | by the organization licensee
conducting the horse race meeting. | 13 | | Such sum shall be paid from the organization
licensee's share | 14 | | of the money wagered as follows: 11 1/2% to the breeder of
the | 15 | | winning horse and 1% to the organization representing | 16 | | thoroughbred breeders
and owners whose representative serves | 17 | | on the Illinois Thoroughbred Breeders
Fund Advisory Board for | 18 | | verifying the amounts of breeders' awards earned,
assuring | 19 | | their distribution in accordance with this Act, and servicing | 20 | | and
promoting the Illinois thoroughbred horse racing industry. | 21 | | The
organization representing thoroughbred breeders and owners | 22 | | shall cause all
expenditures of monies received under this | 23 | | subsection (i) to be audited
at least annually by a registered | 24 | | public accountant. The organization
shall file copies of each | 25 | | annual audit with the Racing Board, the Clerk of
the House of | 26 | | Representatives and the Secretary of the Senate, and shall
make |
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| 1 | | copies of each annual audit available to the public upon | 2 | | request
and upon payment of the reasonable cost of photocopying | 3 | | the requested
number of copies. Such payments shall not reduce | 4 | | any award to the owner of the
horse or reduce the taxes payable | 5 | | under this Act. Upon completion of its
racing meet, each | 6 | | organization licensee shall deliver to the organization
| 7 | | representing thoroughbred breeders and owners whose | 8 | | representative serves on
the Illinois Thoroughbred Breeders | 9 | | Fund Advisory Board a listing of all the
Illinois foaled and | 10 | | the Illinois conceived and foaled horses which won
breeders' | 11 | | awards and the amount of such breeders' awards under this | 12 | | subsection
to verify accuracy of payments and assure proper | 13 | | distribution of breeders'
awards in accordance with the | 14 | | provisions of this Act. Such payments shall be
delivered by the | 15 | | organization licensee within 30 days of the end of each race
| 16 | | meeting.
| 17 | | (j) A sum equal to 12 1/2% of the first prize money won in | 18 | | each race
limited to Illinois foaled horses or Illinois | 19 | | conceived and foaled
horses, or both, shall be paid in the | 20 | | following manner by the
organization licensee conducting the | 21 | | horse race meeting, from the
organization licensee's share of | 22 | | the money wagered: 11 1/2% to the breeders of
the horses in | 23 | | each such race which are the official first, second, third
and | 24 | | fourth finishers and 1% to the organization representing | 25 | | thoroughbred
breeders and owners whose representative serves | 26 | | on the Illinois Thoroughbred
Breeders Fund Advisory Board for |
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| 1 | | verifying the amounts of breeders' awards
earned, assuring | 2 | | their proper distribution in accordance with this Act, and
| 3 | | servicing and promoting the Illinois thoroughbred horse racing | 4 | | industry. The
organization representing thoroughbred breeders | 5 | | and owners shall cause all
expenditures of monies received | 6 | | under this subsection (j) to be audited
at least annually by a | 7 | | registered public accountant. The organization
shall file | 8 | | copies of each annual audit with the Racing Board, the Clerk of
| 9 | | the House of Representatives and the Secretary of the Senate, | 10 | | and shall
make copies of each annual audit available to the | 11 | | public upon request
and upon payment of the reasonable cost of | 12 | | photocopying the requested
number of copies.
| 13 | | The 11 1/2% paid to the breeders in accordance with this | 14 | | subsection
shall be distributed as follows:
| 15 | | (1) 60% of such sum shall be paid to the breeder of the | 16 | | horse which
finishes in the official first position;
| 17 | | (2) 20% of such sum shall be paid to the breeder of the | 18 | | horse which
finishes in the official second position;
| 19 | | (3) 15% of such sum shall be paid to the breeder of the | 20 | | horse which
finishes in the official third position; and
| 21 | | (4) 5% of such sum shall be paid to the breeder of the | 22 | | horse which
finishes in the official fourth position.
| 23 | | Such payments shall not reduce any award to the owners of a | 24 | | horse or
reduce the taxes payable under this Act. Upon | 25 | | completion of its racing meet,
each organization licensee shall | 26 | | deliver to the organization representing
thoroughbred breeders |
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| 1 | | and owners whose representative serves on the Illinois
| 2 | | Thoroughbred Breeders Fund Advisory Board a listing of all the | 3 | | Illinois foaled
and the Illinois conceived and foaled horses | 4 | | which won breeders' awards and the
amount of such breeders' | 5 | | awards in accordance with the provisions of this Act.
Such | 6 | | payments shall be delivered by the organization licensee within | 7 | | 30 days of
the end of each race meeting.
| 8 | | (k) The term "breeder", as used herein, means the owner of | 9 | | the mare at
the time the foal is dropped. An "Illinois foaled | 10 | | horse" is a foal
dropped by a mare which enters this State on | 11 | | or before December 1, in the
year in which the horse is bred,
| 12 | | provided the mare remains continuously in this State until its | 13 | | foal is born. An
"Illinois
foaled
horse" also means a foal born | 14 | | of a mare in the same year
as the
mare enters this State on or | 15 | | before March 1,
and remains in this State at
least 30
days | 16 | | after foaling, is bred back during the season of the foaling to
| 17 | | an
Illinois Registered Stallion (unless a veterinarian | 18 | | certifies that the mare
should not be bred for health reasons), | 19 | | and is not bred to a stallion
standing in any other state | 20 | | during the season of foaling. An "Illinois
foaled horse" also | 21 | | means a foal born in Illinois of a mare purchased at public
| 22 | | auction
subsequent to the mare entering this State prior to | 23 | | February 1 of the foaling
year providing the mare is owned | 24 | | solely by one or more Illinois residents or an
Illinois
entity | 25 | | that is entirely owned by one or more Illinois residents.
| 26 | | (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:
| 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.
| 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
| 22 | | Thoroughbred Breeders Fund. No person
shall knowingly | 23 | | prepare or cause preparation of an application for
| 24 | | registration of such foals containing false information.
| 25 | | (m) The Department of Agriculture, with the advice and | 26 | | assistance of
the Illinois Thoroughbred Breeders Fund Advisory |
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| 1 | | Board, shall provide that certain races
limited to Illinois | 2 | | conceived and foaled and Illinois foaled horses be
stakes races | 3 | | and determine the total amount of stakes and awards to be paid
| 4 | | to the owners of the winning horses in such races.
| 5 | | In determining the stakes races and the amount of awards | 6 | | for such races,
the Department of Agriculture shall consider | 7 | | factors, including but not
limited to, the amount of money | 8 | | appropriated for the Illinois Thoroughbred
Breeders Fund | 9 | | program, organization licensees' contributions,
availability | 10 | | of stakes caliber horses as demonstrated by past performances,
| 11 | | whether the race can be coordinated into the proposed racing | 12 | | dates within
organization licensees' racing dates, opportunity | 13 | | for
colts and fillies
and various age groups to race, public | 14 | | wagering on such races, and the
previous racing schedule.
| 15 | | (n) The Board and the organizational licensee shall
notify | 16 | | the Department of the conditions and minimum purses for races
| 17 | | limited to Illinois conceived and foaled and Illinois foaled | 18 | | horses
conducted for each organizational licensee conducting a | 19 | | thoroughbred racing
meeting. The Department of Agriculture | 20 | | with the advice and assistance of
the Illinois Thoroughbred | 21 | | Breeders Fund Advisory Board may allocate monies
for purse | 22 | | supplements for such races. In determining whether to allocate
| 23 | | money and the amount, the Department of Agriculture shall | 24 | | consider factors,
including but not limited to, the amount of | 25 | | money appropriated for the
Illinois Thoroughbred Breeders Fund | 26 | | program, the number of races that may
occur, and the |
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| 1 | | organizational licensee's purse structure.
| 2 | | (o) In order to improve the breeding quality of | 3 | | thoroughbred horses in the
State, the General Assembly | 4 | | recognizes that existing provisions of this Section
to | 5 | | encourage such quality breeding need to be revised and | 6 | | strengthened. As
such, a Thoroughbred Breeder's Program Task | 7 | | Force is to be appointed by the
Governor by September 1, 1999 | 8 | | to make recommendations to the General Assembly
by
no later | 9 | | than March 1, 2000.
This task force is to be composed of 2 | 10 | | representatives from the Illinois
Thoroughbred Breeders and | 11 | | Owners Foundation, 2 from the Illinois Thoroughbred
Horsemen's | 12 | | Association, 3 from Illinois race tracks operating | 13 | | thoroughbred
race meets for an average of at least 30 days in | 14 | | the past 3 years, the Director
of Agriculture, the Executive | 15 | | Director of the Racing Board, who shall serve as
Chairman.
| 16 | | (Source: P.A. 91-40, eff. 6-25-99.)".
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