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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0909 Introduced 2/25/2021, by Sen. Don Harmon SYNOPSIS AS INTRODUCED:
| | 230 ILCS 5/30 | from Ch. 8, par. 37-30 |
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Amends the Illinois Horse Racing Act of 1975. Makes a technical change in a
Section concerning thoroughbred horses.
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| | A BILL FOR |
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| | SB0909 | | LRB102 04742 SMS 14761 b |
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| 1 | | AN ACT concerning gaming.
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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 |
| 5 | | amended 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
The General Assembly declares that it is |
| 8 | | the policy of
this State to encourage the breeding of |
| 9 | | thoroughbred horses in this
State and the ownership of such |
| 10 | | horses by residents of this State in
order to provide for: |
| 11 | | sufficient numbers of high quality thoroughbred
horses to |
| 12 | | participate in thoroughbred racing meetings in this State,
and |
| 13 | | to establish and preserve the agricultural and commercial |
| 14 | | benefits
of such breeding and racing industries to the State |
| 15 | | of Illinois. It is
the intent of the General Assembly to |
| 16 | | further this policy by the
provisions of this Act. |
| 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 |
| 22 | | foaled or Illinois foaled horses or both. No
horses shall be |
| 23 | | permitted to start in such races unless duly registered
under |
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| 1 | | the rules of the Department of Agriculture.
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| 2 | | (c) Conditions of races under subsection (b) shall be
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| 3 | | commensurate
with past performance, quality, and class of |
| 4 | | Illinois conceived and foaled
and Illinois foaled horses
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| 5 | | available. If, however, sufficient competition cannot be had |
| 6 | | among
horses of that class on any day, the races may, with |
| 7 | | consent of the
Board, be eliminated for that day and |
| 8 | | substitute races provided.
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| 9 | | (d) There is hereby created a special fund of the State |
| 10 | | Treasury to
be known as the Illinois Thoroughbred Breeders |
| 11 | | Fund.
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| 12 | | Beginning on the effective date of this amendatory Act of |
| 13 | | the 101st General Assembly, the Illinois Thoroughbred Breeders |
| 14 | | Fund shall become a non-appropriated trust fund held separate |
| 15 | | from State moneys. Expenditures from this Fund shall no longer |
| 16 | | be subject to appropriation. |
| 17 | | Except as provided in subsection (g) of Section 27 of this |
| 18 | | Act, 8.5% of all
the monies received by the State as
privilege |
| 19 | | taxes on Thoroughbred racing meetings shall be paid into the |
| 20 | | Illinois
Thoroughbred Breeders Fund.
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| 21 | | Notwithstanding any provision of law to the contrary, |
| 22 | | amounts deposited into the Illinois Thoroughbred Breeders Fund |
| 23 | | from revenues generated by gaming pursuant to an organization |
| 24 | | gaming license issued under the Illinois Gambling Act after |
| 25 | | the effective date of this amendatory Act of the 101st General |
| 26 | | Assembly shall be in addition to tax and fee amounts paid under |
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| 1 | | this Section for calendar year 2019 and thereafter. |
| 2 | | (e) The Illinois Thoroughbred Breeders Fund shall be |
| 3 | | administered by
the Department of Agriculture
with the advice |
| 4 | | and assistance of the
Advisory Board created in subsection (f) |
| 5 | | of this Section.
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| 6 | | (f) The Illinois Thoroughbred Breeders Fund Advisory Board |
| 7 | | shall
consist of the Director of the Department of |
| 8 | | Agriculture, who shall
serve as Chairman; a member of the |
| 9 | | Illinois Racing Board, designated by
it; 2 representatives of |
| 10 | | the organization licensees
conducting thoroughbred
racing |
| 11 | | meetings, recommended by them; 2 representatives of the |
| 12 | | Illinois
Thoroughbred Breeders and Owners Foundation, |
| 13 | | recommended by it; one representative of the Horsemen's |
| 14 | | Benevolent Protective Association; and one representative from |
| 15 | | the Illinois Thoroughbred Horsemen's Association. Advisory |
| 16 | | Board members shall serve for 2 years commencing January 1
of
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| 17 | | each odd numbered year. If representatives of the organization |
| 18 | | licensees
conducting thoroughbred racing meetings, the |
| 19 | | Illinois Thoroughbred Breeders and
Owners Foundation, the |
| 20 | | Horsemen's Benevolent Protection Association, and the Illinois |
| 21 | | Thoroughbred Horsemen's Association have
not been recommended |
| 22 | | by January 1, of each odd numbered year, the Director of
the |
| 23 | | Department of Agriculture shall make an appointment for the |
| 24 | | organization
failing to so recommend a member of the Advisory |
| 25 | | Board. Advisory Board members
shall receive no compensation |
| 26 | | for their services as members but shall be
reimbursed for all |
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| 1 | | actual and necessary expenses and disbursements incurred in
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| 2 | | the execution of their official duties.
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| 3 | | (g) Monies expended
from the Illinois Thoroughbred |
| 4 | | Breeders Fund shall be
expended by the Department of |
| 5 | | 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 |
| 13 | | offered
by each organization licensee as determined by |
| 14 | | agreement between such
organization licensee and an |
| 15 | | organization representing the horsemen. No
monies from the |
| 16 | | Illinois Thoroughbred Breeders Fund shall be used to |
| 17 | | provide
purse supplements for claiming races in which the |
| 18 | | minimum 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 |
| 25 | | that wins a
maiden special weight, an allowance, overnight |
| 26 | | handicap race, or
claiming race with claiming price of |
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| 1 | | $10,000 or more providing the race
is not restricted
to |
| 2 | | Illinois conceived and foaled or Illinois foaled horses.
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| 3 | | Awards shall
also be provided to the owner or owners of |
| 4 | | Illinois conceived and foaled and
Illinois foaled horses |
| 5 | | that place second or third in those races. To the
extent
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| 6 | | that additional moneys are required to pay the minimum |
| 7 | | additional awards of 40%
of the purse the horse earns for |
| 8 | | placing first, second or third in those races
for Illinois |
| 9 | | foaled horses and of 60% of the purse the horse earns for |
| 10 | | placing
first, second or third in those races for Illinois
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| 11 | | conceived and foaled horses, those moneys shall be |
| 12 | | provided from the purse
account at the track where earned.
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| 13 | | (3) To provide stallion awards to the owner or owners |
| 14 | | of any
stallion that is duly registered with the Illinois |
| 15 | | Thoroughbred Breeders
Fund Program whose
duly registered |
| 16 | | Illinois conceived and foaled offspring wins a race |
| 17 | | conducted
at an Illinois
thoroughbred racing meeting other |
| 18 | | than a claiming race, provided that the stallion stood |
| 19 | | service within Illinois at the time the offspring was |
| 20 | | conceived and that the stallion did not stand for service |
| 21 | | outside of Illinois at any time during the year in which |
| 22 | | the offspring was conceived.
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| 23 | | (4) To provide $75,000 annually for purses to be
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| 24 | | distributed to
county fairs that provide for the running |
| 25 | | of races during each county
fair exclusively for the |
| 26 | | thoroughbreds conceived and foaled in
Illinois. The |
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| 1 | | conditions of the races shall be developed by the county
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| 2 | | fair association and reviewed by the Department with the |
| 3 | | advice and
assistance of
the Illinois Thoroughbred |
| 4 | | Breeders Fund Advisory Board. There shall be no
wagering |
| 5 | | of any kind on the running
of
Illinois conceived and |
| 6 | | foaled races at county fairs.
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| 7 | | (4.1) To provide purse money for an Illinois stallion |
| 8 | | stakes program.
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| 9 | | (5) No less than 90% of all monies expended from the |
| 10 | | Illinois
Thoroughbred Breeders Fund shall be expended for |
| 11 | | the purposes in (1), (2),
(2.5), (3), (4), (4.1), and (5) |
| 12 | | as shown above.
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| 13 | | (6) To provide for educational programs regarding the |
| 14 | | thoroughbred
breeding industry.
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| 15 | | (7) To provide for research programs concerning the |
| 16 | | health,
development and care of the thoroughbred horse.
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| 17 | | (8) To provide for a scholarship and training program |
| 18 | | for students
of equine veterinary medicine.
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| 19 | | (9) To provide for dissemination of public information |
| 20 | | designed to
promote the breeding of thoroughbred horses in |
| 21 | | Illinois.
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| 22 | | (10) To provide for all expenses incurred in the |
| 23 | | administration of
the Illinois Thoroughbred Breeders Fund.
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| 24 | | (h) The Illinois Thoroughbred Breeders Fund is not subject |
| 25 | | to administrative charges or chargebacks, including, but not |
| 26 | | limited to, those authorized under Section 8h of the State |
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| 1 | | Finance Act.
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| 2 | | (i) A sum equal to 13% of the first prize money of every |
| 3 | | purse won by an Illinois foaled or Illinois conceived and |
| 4 | | foaled horse in races not limited to Illinois foaled horses or |
| 5 | | Illinois conceived and foaled horses, or both, shall be paid |
| 6 | | by the organization licensee conducting the horse race |
| 7 | | meeting. Such sum shall be paid 50% from the organization |
| 8 | | licensee's share of the money wagered and 50% from the purse |
| 9 | | account as follows: 11 1/2% to the breeder of the winning horse |
| 10 | | and 1 1/2% to the organization representing thoroughbred |
| 11 | | breeders and owners who representative serves on the Illinois |
| 12 | | Thoroughbred Breeders Fund Advisory Board for verifying the |
| 13 | | amounts of breeders' awards earned, ensuring their |
| 14 | | distribution in accordance with this Act, and servicing and |
| 15 | | promoting the Illinois thoroughbred horse racing industry. |
| 16 | | Beginning in the calendar year in which an organization |
| 17 | | licensee that is eligible to receive payments under paragraph |
| 18 | | (13) of subsection (g) of Section 26 of this Act begins to |
| 19 | | receive funds from gaming pursuant to an organization gaming |
| 20 | | license issued under the Illinois Gambling Act, a sum equal to |
| 21 | | 21 1/2% of the first prize money of every purse won by an |
| 22 | | Illinois foaled or an Illinois conceived and foaled horse in |
| 23 | | races not limited to an Illinois conceived and foaled horse, |
| 24 | | or both, shall be paid 30% from the organization licensee's |
| 25 | | account and 70% from the purse account as follows: 20% to the |
| 26 | | breeder of the winning horse and 1 1/2% to the organization |
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| 1 | | representing thoroughbred breeders and owners whose |
| 2 | | representatives serve on the Illinois Thoroughbred Breeders |
| 3 | | Fund Advisory Board for verifying the amounts of breeders' |
| 4 | | awards earned, ensuring their distribution in accordance with |
| 5 | | this Act, and servicing and promoting the Illinois |
| 6 | | Thoroughbred racing industry. The
organization representing |
| 7 | | thoroughbred breeders and owners shall cause all
expenditures |
| 8 | | of monies received under this subsection (i) to be audited
at |
| 9 | | least annually by a registered public accountant. The |
| 10 | | organization
shall file copies of each annual audit with the |
| 11 | | Racing Board, the Clerk of
the House of Representatives and |
| 12 | | the Secretary of the Senate, and shall
make copies of each |
| 13 | | annual audit available to the public upon request
and upon |
| 14 | | payment of the reasonable cost of photocopying the requested
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| 15 | | number of copies. Such payments shall not reduce any award to |
| 16 | | the owner of the
horse or reduce the taxes payable under this |
| 17 | | Act. Upon completion of its
racing meet, each organization |
| 18 | | licensee shall deliver to the organization
representing |
| 19 | | thoroughbred breeders and owners whose representative serves |
| 20 | | on
the Illinois Thoroughbred Breeders Fund Advisory Board a |
| 21 | | listing of all the
Illinois foaled and the Illinois conceived |
| 22 | | and foaled horses which won
breeders' awards and the amount of |
| 23 | | such breeders' awards under this subsection
to verify accuracy |
| 24 | | of payments and assure proper distribution of breeders'
awards |
| 25 | | in accordance with the provisions of this Act. Such payments |
| 26 | | shall be
delivered by the organization licensee within 30 days |
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| 1 | | of the end of each race
meeting.
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| 2 | | (j) A sum equal to 13% of the first prize money won in |
| 3 | | every race limited to Illinois foaled horses or Illinois |
| 4 | | conceived and foaled horses, or both, shall be paid in the |
| 5 | | following manner by the organization licensee conducting the |
| 6 | | horse race meeting, 50% from the organization licensee's share |
| 7 | | of the money wagered and 50% from the purse account as follows: |
| 8 | | 11 1/2% to the breeders of the horses in each such race which |
| 9 | | are the official first, second, third, and fourth finishers |
| 10 | | and 1 1/2% to the organization representing thoroughbred |
| 11 | | breeders and owners whose representatives serve on the |
| 12 | | Illinois Thoroughbred Breeders Fund Advisory Board for |
| 13 | | verifying the amounts of breeders' awards earned, ensuring |
| 14 | | their proper distribution in accordance with this Act, and |
| 15 | | servicing and promoting the Illinois horse racing industry. |
| 16 | | Beginning in the calendar year in which an organization |
| 17 | | licensee that is eligible to receive payments under paragraph |
| 18 | | (13) of subsection (g) of Section 26 of this Act begins to |
| 19 | | receive funds from gaming pursuant to an organization gaming |
| 20 | | license issued under the Illinois Gambling Act, a sum of 21 |
| 21 | | 1/2% of every purse in a race limited to Illinois foaled horses |
| 22 | | or Illinois conceived and foaled horses, or both, shall be |
| 23 | | paid by the organization licensee conducting the horse race |
| 24 | | meeting. Such sum shall be paid 30% from the organization |
| 25 | | licensee's account and 70% from the purse account as follows: |
| 26 | | 20% to the breeders of the horses in each such race who are |
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| 1 | | official first, second, third and fourth finishers and 1 1/2% |
| 2 | | to the organization representing thoroughbred breeders and |
| 3 | | owners whose representatives serve on the Illinois |
| 4 | | Thoroughbred Breeders Fund Advisory Board for verifying the |
| 5 | | amounts of breeders' awards earned, ensuring their proper |
| 6 | | distribution in accordance with this Act, and servicing and |
| 7 | | promoting the Illinois thoroughbred horse racing industry. The |
| 8 | | organization representing thoroughbred breeders and owners |
| 9 | | shall cause all expenditures of moneys received under this |
| 10 | | subsection (j) to be audited at least annually by a registered |
| 11 | | public accountant. The organization shall file copies of each |
| 12 | | annual audit with the Racing Board, the Clerk of the House of |
| 13 | | Representatives and the Secretary of the Senate, and shall |
| 14 | | make copies of each annual audit available to the public upon |
| 15 | | request and upon payment of the reasonable cost of |
| 16 | | photocopying the requested number of copies. The copies of the |
| 17 | | audit to the General Assembly shall be filed with the Clerk of |
| 18 | | the House of Representatives and the Secretary of the Senate |
| 19 | | in electronic form only, in the manner that the Clerk and the |
| 20 | | Secretary shall direct.
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| 21 | | The amounts paid to the breeders in accordance with this |
| 22 | | subsection
shall be distributed as follows:
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| 23 | | (1) 60% of such sum shall be paid to the breeder of the |
| 24 | | horse which
finishes in the official first position;
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| 25 | | (2) 20% of such sum shall be paid to the breeder of the |
| 26 | | horse which
finishes in the official second position;
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| 1 | | (3) 15% of such sum shall be paid to the breeder of the |
| 2 | | horse which
finishes in the official third position; and
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| 3 | | (4) 5% of such sum shall be paid to the breeder of the |
| 4 | | horse which
finishes in the official fourth position.
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| 5 | | Such payments shall not reduce any award to the owners of a |
| 6 | | horse or
reduce the taxes payable under this Act. Upon |
| 7 | | completion of its racing meet,
each organization licensee |
| 8 | | shall deliver to the organization representing
thoroughbred |
| 9 | | breeders and owners whose representative serves on the |
| 10 | | Illinois
Thoroughbred Breeders Fund Advisory Board a listing |
| 11 | | of all the Illinois foaled
and the Illinois conceived and |
| 12 | | foaled horses which won breeders' awards and the
amount of |
| 13 | | such breeders' awards in accordance with the provisions of |
| 14 | | this Act.
Such payments shall be delivered by the organization |
| 15 | | licensee within 30 days of
the end of each race meeting.
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| 16 | | (k) The term "breeder", as used herein, means the owner of |
| 17 | | the mare at
the time the foal is dropped. An "Illinois foaled |
| 18 | | horse" is a foal
dropped by a mare which enters this State on |
| 19 | | or before December 1, in the
year in which the horse is bred,
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| 20 | | provided the mare remains continuously in this State until its |
| 21 | | foal is born. An
"Illinois
foaled
horse" also means a foal born |
| 22 | | of a mare in the same year
as the
mare enters this State on or |
| 23 | | before March 1,
and remains in this State at
least 30
days |
| 24 | | after foaling, is bred back during the season of the foaling to
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| 25 | | an
Illinois Registered Stallion (unless a veterinarian |
| 26 | | certifies that the mare
should not be bred for health |
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| 1 | | reasons), and is not bred to a stallion
standing in any other |
| 2 | | state during the season of foaling. An "Illinois
foaled horse" |
| 3 | | also means a foal born in Illinois of a mare purchased at |
| 4 | | public
auction
subsequent to the mare entering this State on |
| 5 | | or before March 1 of the foaling
year providing the mare is |
| 6 | | owned solely by one or more Illinois residents or an
Illinois
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| 7 | | entity that is entirely owned by one or more Illinois |
| 8 | | residents.
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| 9 | | (l) The Department of Agriculture shall, by rule, with the |
| 10 | | advice
and assistance of the Illinois Thoroughbred Breeders |
| 11 | | Fund Advisory
Board:
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| 12 | | (1) Qualify stallions for Illinois breeding; such |
| 13 | | stallions to stand for
service within the State of |
| 14 | | Illinois at the time of a foal's conception. Such
stallion |
| 15 | | must not stand for service at any place outside the State |
| 16 | | of Illinois
during the calendar year in which the foal is |
| 17 | | conceived.
The Department of Agriculture may assess and |
| 18 | | collect an application fee of up to $500 for the
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| 19 | | registration of Illinois-eligible stallions. All fees |
| 20 | | collected are to be held in trust accounts for the |
| 21 | | purposes set forth in this Act and in accordance with |
| 22 | | Section 205-15 of the Department of Agriculture Law.
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| 23 | | (2) Provide for the registration of Illinois conceived |
| 24 | | and foaled
horses and Illinois foaled horses. No such |
| 25 | | horse shall compete in
the races limited to Illinois |
| 26 | | conceived and foaled horses or Illinois
foaled horses or |
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| 1 | | both unless registered with the Department of
Agriculture. |
| 2 | | The Department of Agriculture may prescribe such forms as
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| 3 | | are necessary to determine the eligibility of such horses. |
| 4 | | The Department of
Agriculture may assess and collect |
| 5 | | application fees for the registration of
Illinois-eligible |
| 6 | | foals. All fees collected are to be held in trust accounts |
| 7 | | for the purposes set forth in this Act and in accordance |
| 8 | | with Section 205-15 of the Department of Agriculture Law. |
| 9 | | No person
shall knowingly prepare or cause preparation of |
| 10 | | an application for
registration of such foals containing |
| 11 | | false information.
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| 12 | | (m) The Department of Agriculture, with the advice and |
| 13 | | assistance of
the Illinois Thoroughbred Breeders Fund Advisory |
| 14 | | Board, shall provide that certain races
limited to Illinois |
| 15 | | conceived and foaled and Illinois foaled horses be
stakes |
| 16 | | races and determine the total amount of stakes and awards to be |
| 17 | | paid
to the owners of the winning horses in such races.
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| 18 | | In determining the stakes races and the amount of awards |
| 19 | | for such races,
the Department of Agriculture shall consider |
| 20 | | factors, including but not
limited to, the amount of money |
| 21 | | appropriated for the Illinois Thoroughbred
Breeders Fund |
| 22 | | program, organization licensees' contributions,
availability |
| 23 | | of stakes caliber horses as demonstrated by past performances,
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| 24 | | whether the race can be coordinated into the proposed racing |
| 25 | | dates within
organization licensees' racing dates, opportunity |
| 26 | | for
colts and fillies
and various age groups to race, public |
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| 1 | | wagering on such races, and the
previous racing schedule.
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| 2 | | (n) The Board and the organization licensee shall
notify |
| 3 | | the Department of the conditions and minimum purses for races
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| 4 | | limited to Illinois conceived and foaled and Illinois foaled |
| 5 | | horses
conducted for each organization licensee conducting a |
| 6 | | thoroughbred racing
meeting. The Department of Agriculture |
| 7 | | with the advice and assistance of
the Illinois Thoroughbred |
| 8 | | Breeders Fund Advisory Board may allocate monies
for purse |
| 9 | | supplements for such races. In determining whether to allocate
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| 10 | | money and the amount, the Department of Agriculture shall |
| 11 | | consider factors,
including but not limited to, the amount of |
| 12 | | money appropriated for the
Illinois Thoroughbred Breeders Fund |
| 13 | | program, the number of races that may
occur, and the |
| 14 | | organization licensee's purse structure.
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| 15 | | (o) (Blank).
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| 16 | | (Source: P.A. 101-31, eff. 6-28-19.)
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