Bill Amendment: IL SB3097 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: HORSE RACING-FOAL ELIGIBILITY

Status: 2019-01-09 - Session Sine Die [SB3097 Detail]

Download: Illinois-2017-SB3097-Senate_Amendment_001.html

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Sen. Jil Tracy

Filed: 3/12/2018

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AMENDMENT TO SENATE BILL 3097
AMENDMENT NO. ______. Amend Senate Bill 3097 by replacing
everything after the enacting clause with the following:
"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.
(230 ILCS 5/31) (from Ch. 8, par. 37-31)
Sec. 31. (a) The General Assembly declares that it is the
policy of this State to encourage the breeding of standardbred

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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
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.
(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.
(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.
(d) There is hereby created a special fund of the State
Treasury to be known as the Illinois Standardbred Breeders
Fund.
During the calendar year 1981, and each year thereafter,
except as provided in subsection (g) of Section 27 of this Act,

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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.
(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.
(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
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,
recommended by it. Advisory Board members shall serve for 2

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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.
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.
(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:
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.
3. To provide purse supplements for races limited to
Illinois conceived and foaled horses conducted by
associations conducting harness racing meetings.
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.
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
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
expenses incurred in the administration of such harness
breeders awards.
6. To pay for the improvement of racing facilities
located at the State Fair and County fairs.
7. To pay the expenses incurred in the administration
of the Illinois Standardbred Breeders Fund.
8. To promote the sport of harness racing.
(h) Whenever the Governor finds that the amount in the
Illinois Standardbred Breeders Fund is more than the total of

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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.
(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
meeting.
(j) The Department of Agriculture shall, by rule, with the
assistance and advice of the Illinois Standardbred Breeders
Fund Advisory Board:
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
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
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
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.
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

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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,
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
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.
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.
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

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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).
5. Provide for the registration with the Department of
Agriculture of Colt Associations or county fairs desiring
to sponsor races at county fairs.
(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
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.
(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
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.
(Source: P.A. 99-756, eff. 8-12-16.)
(230 ILCS 5/33.1) (from Ch. 8, par. 37-33.1)
Sec. 33.1. (a) The Department of Agriculture shall be
responsible for investigating and determining the eligibility

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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
Standardbred and Thoroughbred programs.
(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.
(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.
(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

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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
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.
(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.
(f) Any circuit court of this State, upon petition by the
Director of the Department of Agriculture or his authorized

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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
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.
(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.
(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.
(Source: P.A. 88-45; 89-16, eff. 5-30-95.)
Section 99. Effective date. This Act takes effect upon
becoming law.".