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Public Act 100-0777 | ||||
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AN ACT concerning gaming.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Horse Racing Act of 1975 is amended | ||||
by changing Sections 31 and 33.1 and by adding Section 3.31 as | ||||
follows: | ||||
(230 ILCS 5/3.31 new) | ||||
Sec. 3.31. Illinois conceived and foaled. Notwithstanding | ||||
any provision of this Act to the contrary, from January 1, 2018 | ||||
until January 1, 2022, "Illinois conceived and foaled", as the | ||||
term applies to a standardbred, includes a standardbred horse | ||||
whose sire is a qualified Illinois stallion.
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(230 ILCS 5/31) (from Ch. 8, par. 37-31)
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Sec. 31.
(a) The General Assembly declares that it is the | ||||
policy of
this State to encourage the breeding of standardbred | ||||
horses in this
State and the ownership of such horses by | ||||
residents of this State in
order to provide for: sufficient | ||||
numbers of high quality standardbred
horses to participate in | ||||
harness racing meetings in this State, and to
establish and | ||||
preserve the agricultural and commercial benefits of such
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breeding and racing industries to the State of Illinois. It is | ||||
the
intent of the General Assembly to further this policy by |
the provisions
of this Section of this Act.
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(b) Each organization licensee conducting a harness
racing | ||
meeting pursuant to this Act shall provide for at least two | ||
races each
race program limited to
Illinois conceived and | ||
foaled horses. A minimum of 6 races shall be
conducted each | ||
week limited to Illinois conceived and foaled horses. No
horses | ||
shall be permitted to start in such races unless duly | ||
registered
under the rules of the Department of Agriculture.
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(c) Conditions of races under subsection (b) shall be | ||
commensurate
with past performance, quality and class of | ||
Illinois conceived and
foaled horses available. If, however, | ||
sufficient competition cannot be
had among horses of that class | ||
on any day, the races may, with consent
of the Board, be | ||
eliminated for that day and substitute races provided.
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(d) There is hereby created a special fund of the State | ||
Treasury to
be known as the Illinois Standardbred Breeders | ||
Fund.
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During the calendar year 1981, and each year thereafter, | ||
except as provided
in subsection (g) of Section 27 of this Act, | ||
eight and one-half
per cent of all the monies received by the | ||
State as privilege taxes on
harness racing meetings shall be | ||
paid into the Illinois Standardbred
Breeders Fund.
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(e) The Illinois Standardbred Breeders Fund shall be | ||
administered by
the Department of Agriculture with the | ||
assistance and advice of the
Advisory Board created in | ||
subsection (f) of this Section.
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(f) The Illinois Standardbred Breeders Fund Advisory Board | ||
is hereby
created. The Advisory Board shall consist of the | ||
Director of the
Department of Agriculture, who shall serve as | ||
Chairman; the
Superintendent of the Illinois State Fair; a | ||
member of the Illinois
Racing Board, designated by it; a | ||
representative of the largest association of Illinois | ||
standardbred owners and breeders, recommended by it; a
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representative of a statewide association representing | ||
agricultural fairs in Illinois,
recommended by it, such | ||
representative to be from a fair at which
Illinois conceived | ||
and foaled racing is conducted; a representative of
the | ||
organization licensees conducting harness racing
meetings, | ||
recommended by them; a representative of the Breeder's | ||
Committee of the association representing the largest number of | ||
standardbred owners, breeders, trainers, caretakers, and | ||
drivers, recommended by it;
and a representative of the | ||
association representing the largest number of standardbred | ||
owners, breeders, trainers, caretakers, and drivers,
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recommended by it. Advisory Board members shall serve for 2 | ||
years
commencing January 1 of each odd numbered year. If | ||
representatives of
the largest association of Illinois | ||
standardbred owners and breeders, a statewide association of | ||
agricultural fairs in Illinois, the association representing | ||
the largest number of standardbred owners, breeders, trainers, | ||
caretakers, and drivers, a member of the Breeder's Committee of | ||
the association representing the largest number of |
standardbred owners, breeders, trainers, caretakers, and | ||
drivers, and the organization licensees conducting
harness | ||
racing meetings
have not been recommended by January 1 of each | ||
odd numbered year, the
Director of the Department of | ||
Agriculture shall make an appointment for
the organization | ||
failing to so recommend a member of the Advisory Board.
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Advisory Board members shall receive no compensation for their | ||
services
as members but shall be reimbursed for all actual and | ||
necessary expenses
and disbursements incurred in the execution | ||
of their official duties.
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(g) No monies shall be expended from the Illinois | ||
Standardbred
Breeders Fund except as appropriated by the | ||
General Assembly. Monies
appropriated from the Illinois | ||
Standardbred Breeders Fund shall be
expended by the Department | ||
of Agriculture, with the assistance and
advice of the Illinois | ||
Standardbred Breeders Fund Advisory Board for the
following | ||
purposes only:
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1. To provide purses for races limited to Illinois | ||
conceived and
foaled horses at the State Fair.
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2. To provide purses for races limited to Illinois | ||
conceived and
foaled horses at county fairs.
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3. To provide purse supplements for races limited to | ||
Illinois
conceived and foaled horses conducted by | ||
associations conducting harness
racing meetings.
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4. No less than 75% of all monies in the Illinois | ||
Standardbred
Breeders Fund shall be expended for purses in |
1, 2 and 3 as shown above.
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5. In the discretion of the Department of Agriculture | ||
to provide
awards to harness breeders of Illinois conceived | ||
and foaled horses which
win races conducted by organization | ||
licensees
conducting harness racing meetings.
A breeder is | ||
the owner of a mare at the time of conception. No more
than | ||
10% of all monies appropriated from the Illinois
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Standardbred Breeders Fund shall
be expended for such | ||
harness breeders awards. No more than 25% of the
amount | ||
expended for harness breeders awards shall be expended for
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expenses incurred in the administration of such harness | ||
breeders awards.
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6. To pay for the improvement of racing facilities | ||
located at the
State Fair and County fairs.
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7. To pay the expenses incurred in the administration | ||
of the
Illinois Standardbred Breeders Fund.
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8. To promote the sport of harness racing.
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(h) Whenever the Governor finds that the amount in the | ||
Illinois
Standardbred Breeders Fund is more than the total of | ||
the outstanding
appropriations from such fund, the Governor | ||
shall notify the State
Comptroller and the State Treasurer of | ||
such fact. The Comptroller and
the State Treasurer, upon | ||
receipt of such notification, shall transfer
such excess amount | ||
from the Illinois Standardbred Breeders Fund to the
General | ||
Revenue Fund.
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(i) A sum equal to 12 1/2% of the first prize money of |
every purse
won by an Illinois conceived and foaled horse shall | ||
be paid by the
organization licensee conducting the horse race | ||
meeting to the breeder
of such winning horse from the | ||
organization licensee's share of the
money wagered.
Such | ||
payment
shall not reduce any award to the owner of
the horse or | ||
reduce the taxes payable under this Act. Such payment
shall be | ||
delivered by the organization licensee at the end of each race
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meeting.
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(j) The Department of Agriculture shall, by rule, with the
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assistance and advice of the Illinois Standardbred Breeders | ||
Fund
Advisory Board:
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1. Qualify stallions for Illinois Standardbred | ||
Breeders Fund breeding; such stallion
shall be owned by a | ||
resident of the State of Illinois or by an Illinois
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corporation all of whose shareholders, directors, officers | ||
and
incorporators are residents of the State of Illinois. | ||
Such stallion shall
stand for
service at and within the | ||
State of Illinois at the time of a foal's
conception, and | ||
such stallion must not stand for service at any place, nor
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may semen from such stallion be transported,
outside the | ||
State of Illinois during that calendar year in which the
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foal is conceived and that the owner of the stallion was | ||
for the
12
months prior, a resident of Illinois. However, | ||
from January 1, 2018 until January 1, 2022, semen from an | ||
Illinois stallion may be transported outside the State of | ||
Illinois.
The articles of agreement of any partnership, |
joint venture, limited
partnership, syndicate, association | ||
or corporation and any bylaws and stock
certificates must | ||
contain a restriction that provides that the ownership or
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transfer of interest by any one of the persons a party to | ||
the agreement can
only be made to a person who qualifies as | ||
an Illinois resident.
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2. Provide for the registration of Illinois conceived | ||
and foaled
horses and no such horse shall compete in the | ||
races limited to Illinois
conceived and foaled horses | ||
unless registered with the Department of
Agriculture. The | ||
Department of Agriculture may prescribe such forms as
may | ||
be necessary to determine the eligibility of such horses. | ||
No person
shall knowingly prepare or cause preparation of | ||
an application for
registration of such foals containing | ||
false information.
A mare (dam) must be in the State state | ||
at least 30 days prior to foaling or
remain in the State at | ||
least 30 days at the time of foaling. However, the | ||
requirement that a mare (dam) must be in the State at least | ||
30 days before foaling or remain in the State at least 30 | ||
days at the time of foaling shall not be in effect from | ||
January 1, 2018 until January 1, 2022.
Beginning with the | ||
1996 breeding season and for foals of 1997 and thereafter,
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a foal conceived by transported fresh semen may be eligible | ||
for Illinois
conceived and foaled registration provided | ||
all breeding and foaling
requirements are met. The stallion | ||
must be qualified for Illinois Standardbred
Breeders Fund |
breeding at the time of conception and the mare must be
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inseminated within the State of Illinois. The foal must be | ||
dropped in Illinois
and properly registered with the | ||
Department of Agriculture in accordance with
this Act. | ||
However, from January 1, 2018 until January 1, 2022, the | ||
requirement for a mare to be inseminated within the State | ||
of Illinois and the requirement for a foal to be dropped in | ||
Illinois are inapplicable.
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3. Provide that at least a 5 day racing program shall | ||
be conducted
at the State Fair each year, which program | ||
shall include at least the
following races limited to | ||
Illinois conceived and foaled horses: (a) a
two year old | ||
Trot and Pace, and Filly Division of each; (b) a three
year | ||
old Trot and Pace, and Filly Division of each; (c) an aged | ||
Trot and Pace,
and Mare Division of each.
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4. Provide for the payment of nominating, sustaining | ||
and starting
fees for races promoting the sport of harness | ||
racing and for the races
to be conducted at the State Fair | ||
as provided in
subsection (j) 3 of this Section provided | ||
that the nominating,
sustaining and starting payment | ||
required from an entrant shall not
exceed 2% of the purse | ||
of such race. All nominating, sustaining and
starting | ||
payments shall be held for the benefit of entrants and | ||
shall be
paid out as part of the respective purses for such | ||
races.
Nominating, sustaining and starting fees shall be | ||
held in trust accounts
for the purposes as set forth in |
this Act and in accordance with Section
205-15 of the | ||
Department of Agriculture Law (20 ILCS
205/205-15).
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5. Provide for the registration with the Department of | ||
Agriculture
of Colt Associations or county fairs desiring | ||
to sponsor races at county
fairs.
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(k) The Department of Agriculture, with the advice and | ||
assistance of the
Illinois
Standardbred Breeders Fund Advisory | ||
Board, may allocate monies for purse
supplements for such | ||
races. In determining whether to allocate money and
the amount, | ||
the Department
of Agriculture shall consider factors, | ||
including but not limited to, the
amount of money appropriated | ||
for the Illinois Standardbred Breeders Fund
program, the number | ||
of races that may occur, and an organizational
licensee's purse | ||
structure. The organizational licensee shall notify the
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Department of Agriculture of the conditions and minimum purses | ||
for races
limited to Illinois conceived and foaled horses to be | ||
conducted by each
organizational licensee conducting a harness | ||
racing meeting for which purse
supplements have been | ||
negotiated.
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(l) All races held at county fairs and the State Fair which | ||
receive funds
from the Illinois Standardbred Breeders Fund | ||
shall be conducted in
accordance with the rules of the United | ||
States Trotting Association unless
otherwise modified by the | ||
Department of Agriculture.
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(m) At all standardbred race meetings held or conducted | ||
under authority of a
license granted by the Board, and at all |
standardbred races held at county
fairs which are approved by | ||
the Department of Agriculture or at the
Illinois or DuQuoin | ||
State Fairs, no one shall jog, train, warm up or drive
a | ||
standardbred horse unless he or she is wearing a protective | ||
safety helmet,
with the
chin strap fastened and in place, which | ||
meets the standards and
requirements as set forth in the 1984 | ||
Standard for Protective Headgear for
Use in Harness Racing and | ||
Other Equestrian Sports published by the Snell
Memorial | ||
Foundation, or any standards and requirements for headgear the
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Illinois Racing Board may approve. Any other standards and | ||
requirements so
approved by the Board shall equal or exceed | ||
those published by the Snell
Memorial Foundation. Any | ||
equestrian helmet bearing the Snell label shall
be deemed to | ||
have met those standards and requirements.
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(Source: P.A. 99-756, eff. 8-12-16.)
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(230 ILCS 5/33.1) (from Ch. 8, par. 37-33.1)
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Sec. 33.1.
(a) The Department of Agriculture shall be | ||
responsible for
investigating and determining the eligibility | ||
of mares and Illinois conceived
and foaled horses and Illinois | ||
foaled horses to participate in
Illinois conceived and foaled | ||
and Illinois foaled races. The Department
of Agriculture shall | ||
also qualify stallions to participate in the Illinois
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Standardbred and Thoroughbred programs.
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(b) The Director of the Department of Agriculture or his | ||
authorized agent
is authorized to conduct hearings, administer |
oaths, and issue subpoenas
to carry out his responsibilities | ||
concerning the Illinois Standardbred and
Thoroughbred programs | ||
as set forth in Sections 30 and 31.
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(c) The Director of the Department of Agriculture or his | ||
authorized agent
shall, after a hearing, affirm or deny the | ||
qualification of a stallion for
the Illinois Standardbred or | ||
Thoroughbred program. The decision of the
Director of the | ||
Department of Agriculture or his authorized agent shall
be | ||
subject to judicial review under the Administrative Review Law. | ||
The
term "administrative decision" shall have the meaning | ||
ascribed to it in
Section 3-101 of the Administrative Review | ||
Law.
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(d) If the determination is made that a standardbred | ||
stallion is not
owned by a resident
of the State of Illinois or | ||
that a transfer of ownership is a subterfuge to
qualify a | ||
standardbred stallion under the Act,
or that a standardbred | ||
stallion owner, manager, or person associated with
him or her | ||
has knowingly participated in the arrangements for | ||
transporting
semen from a
standardbred stallion registered | ||
under this Act out-of-state,
the Director of the Department of | ||
Agriculture
or his authorized agent shall immediately publish | ||
notice of such fact in
publications devoted to news concerning | ||
standardbred
horses,
announcing the disqualification of such | ||
stallion or his foals. From January 1, 2018 until January 1, | ||
2022, the Director of Agriculture or his or her authorized | ||
agent shall not publish notice announcing the disqualification |
of such stallion or his foals on the basis that a stallion | ||
owner, manager, or person associated with him or her has | ||
knowingly participated in the arrangements for transporting | ||
semen from a standardbred stallion registered under this Act | ||
out of State. If any
person owning any stallion, mare or foal | ||
is found by the Director of the
Department of Agriculture or | ||
his authorized agent to have willfully violated
any provision | ||
of this Act or to have made any false statements concerning
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such person's stallion, mare or foal, then no animal owned by | ||
such person is
eligible to participate in any events conducted | ||
pursuant to Sections 30 and 31.
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(e) Any person who is served with a subpoena, issued by the | ||
Director of
the Department of Agriculture or his authorized | ||
agent, to appear and testify
or to produce documents and who | ||
refuses or neglects to testify or produce
documents relevant to | ||
the investigation, as directed in the subpoenas, may
be | ||
punished as provided in this Section.
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(f) Any circuit court of this State, upon petition by the | ||
Director of the
Department of Agriculture or his authorized | ||
agent, may compel the attendance
of witnesses, the production | ||
of documents and giving the testimony required
by this Section | ||
in the same manner as the production of evidence may be
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compelled in any other judicial proceeding before such court. | ||
Any person
who willfully swears or affirms falsely in any | ||
proceeding conducted pursuant
to this Section is guilty of | ||
perjury.
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(g) The fees of witnesses for attendance and travel in the | ||
course of any
investigation shall be the same as the fees of | ||
witnesses before the circuit
courts of this State.
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(h) The Department shall have authority to promulgate rules | ||
and regulations
for the enforcement of Sections 30, 31 and 33.1 | ||
of this Act. Conditions
and purses shall not be subject to | ||
Section 5-40 of the Illinois Administrative
Procedure Act but | ||
shall be set and published from time to time.
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(Source: P.A. 88-45; 89-16, eff. 5-30-95.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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