SB3097 EngrossedLRB100 20005 SMS 35286 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 January 1, 2018 
10until January 1, 2022, "Illinois conceived and foaled", as the 
11term applies to a standardbred, includes a standardbred horse 
12whose sire is a qualified Illinois stallion.




13 (230 ILCS 5/31) (from Ch. 8, par. 37-31)



14 Sec. 31. 
(a) The General Assembly declares that it is the 
15policy of
this State to encourage the breeding of standardbred 
16horses in this
State and the ownership of such horses by 
17residents of this State in
order to provide for: sufficient 
18numbers of high quality standardbred
horses to participate in 
19harness racing meetings in this State, and to
establish and 
20preserve the agricultural and commercial benefits of such

21breeding and racing industries to the State of Illinois. It is 
22the
intent of the General Assembly to further this policy by 
 
 
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1the provisions
of this Section of this Act.

2 (b) Each organization licensee conducting a harness
racing 
3meeting pursuant to this Act shall provide for at least two 
4races each
race program limited to
Illinois conceived and 
5foaled horses. A minimum of 6 races shall be
conducted each 
6week limited to Illinois conceived and foaled horses. No
horses 
7shall be permitted to start in such races unless duly 
8registered
under the rules of the Department of Agriculture.

9 (c) Conditions of races under subsection (b) shall be 
10commensurate
with past performance, quality and class of 
11Illinois conceived and
foaled horses available. If, however, 
12sufficient competition cannot be
had among horses of that class 
13on any day, the races may, with consent
of the Board, be 
14eliminated for that day and substitute races provided.

15 (d) There is hereby created a special fund of the State 
16Treasury to
be known as the Illinois Standardbred Breeders 
17Fund. 

18 During the calendar year 1981, and each year thereafter, 
19except as provided
in subsection (g) of Section 27 of this Act, 
20eight and one-half
per cent of all the monies received by the 
21State as privilege taxes on
harness racing meetings shall be 
22paid into the Illinois Standardbred
Breeders Fund.

23 (e) The Illinois Standardbred Breeders Fund shall be 
24administered by
the Department of Agriculture with the 
25assistance and advice of the
Advisory Board created in 
26subsection (f) of this Section.

 
 
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1 (f) The Illinois Standardbred Breeders Fund Advisory Board 
2is hereby
created. The Advisory Board shall consist of the 
3Director of the
Department of Agriculture, who shall serve as 
4Chairman; the
Superintendent of the Illinois State Fair; a 
5member of the Illinois
Racing Board, designated by it; a 
6representative of the largest association of Illinois 
7standardbred owners and breeders, recommended by it; a

8representative of a statewide association representing 
9agricultural fairs in Illinois,
recommended by it, such 
10representative to be from a fair at which
Illinois conceived 
11and foaled racing is conducted; a representative of
the 
12organization licensees conducting harness racing
meetings, 
13recommended by them; a representative of the Breeder's 
14Committee of the association representing the largest number of 
15standardbred owners, breeders, trainers, caretakers, and 
16drivers, recommended by it;
and a representative of the 
17association representing the largest number of standardbred 
18owners, breeders, trainers, caretakers, and drivers,

19recommended by it. Advisory Board members shall serve for 2 
20years
commencing January 1 of each odd numbered year. If 
21representatives of
the largest association of Illinois 
22standardbred owners and breeders, a statewide association of 
23agricultural fairs in Illinois, the association representing 
24the largest number of standardbred owners, breeders, trainers, 
25caretakers, and drivers, a member of the Breeder's Committee of 
26the association representing the largest number of 
 
 
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1standardbred owners, breeders, trainers, caretakers, and 
2drivers, and the organization licensees conducting
harness 
3racing meetings
have not been recommended by January 1 of each 
4odd numbered year, the
Director of the Department of 
5Agriculture shall make an appointment for
the organization 
6failing to so recommend a member of the Advisory Board.

7Advisory Board members shall receive no compensation for their 
8services
as members but shall be reimbursed for all actual and 
9necessary expenses
and disbursements incurred in the execution 
10of their official duties.

11 (g) No monies shall be expended from the Illinois 
12Standardbred
Breeders Fund except as appropriated by the 
13General Assembly. Monies
appropriated from the Illinois 
14Standardbred Breeders Fund shall be
expended by the Department 
15of Agriculture, with the assistance and
advice of the Illinois 
16Standardbred Breeders Fund Advisory Board for the
following 
17purposes only:

18  1. To provide purses for races limited to Illinois 
19 conceived and
foaled horses at the State Fair. 

20  2. To provide purses for races limited to Illinois 
21 conceived and
foaled horses at county fairs. 

22  3. To provide purse supplements for races limited to 
23 Illinois
conceived and foaled horses conducted by 
24 associations conducting harness
racing meetings. 

25  4. No less than 75% of all monies in the Illinois 
26 Standardbred
Breeders Fund shall be expended for purses in 
 
 
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1 1, 2 and 3 as shown above.

2  5. In the discretion of the Department of Agriculture 
3 to provide
awards to harness breeders of Illinois conceived 
4 and foaled horses which
win races conducted by organization 
5 licensees
conducting harness racing meetings.
A breeder is 
6 the owner of a mare at the time of conception. No more
than 
7 10% of all monies appropriated from the Illinois

8 Standardbred Breeders Fund shall
be expended for such 
9 harness breeders awards. No more than 25% of the
amount 
10 expended for harness breeders awards shall be expended for

11 expenses incurred in the administration of such harness 
12 breeders awards.

13  6. To pay for the improvement of racing facilities 
14 located at the
State Fair and County fairs.

15  7. To pay the expenses incurred in the administration 
16 of the
Illinois Standardbred Breeders Fund.

17  8. To promote the sport of harness racing.

18 (h) Whenever the Governor finds that the amount in the 
19Illinois
Standardbred Breeders Fund is more than the total of 
20the outstanding
appropriations from such fund, the Governor 
21shall notify the State
Comptroller and the State Treasurer of 
22such fact. The Comptroller and
the State Treasurer, upon 
23receipt of such notification, shall transfer
such excess amount 
24from the Illinois Standardbred Breeders Fund to the
General 
25Revenue Fund.

26 (i) A sum equal to 12 1/2% of the first prize money of 
 
 
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1every purse
won by an Illinois conceived and foaled horse shall 
2be paid by the
organization licensee conducting the horse race 
3meeting to the breeder
of such winning horse from the 
4organization licensee's share of the
money wagered.
Such 
5payment
shall not reduce any award to the owner of
the horse or 
6reduce the taxes payable under this Act. Such payment
shall be 
7delivered by the organization licensee at the end of each race

8meeting.

9 (j) The Department of Agriculture shall, by rule, with the

10assistance and advice of the Illinois Standardbred Breeders 
11Fund
Advisory Board:

12  1. Qualify stallions for Illinois Standardbred 
13 Breeders Fund breeding; such stallion
shall be owned by a 
14 resident of the State of Illinois or by an Illinois

15 corporation all of whose shareholders, directors, officers 
16 and
incorporators are residents of the State of Illinois. 
17 Such stallion shall
stand for
service at and within the 
18 State of Illinois at the time of a foal's
conception, and 
19 such stallion must not stand for service at any place, nor

20 may semen from such stallion be transported,
outside the 
21 State of Illinois during that calendar year in which the

22 foal is conceived and that the owner of the stallion was 
23 for the
12
months prior, a resident of Illinois. However, 
24 from January 1, 2018 until January 1, 2022, semen from an 
25 Illinois stallion may be transported outside the State of 
26 Illinois.
The articles of agreement of any partnership, 
 
 
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1 joint venture, limited
partnership, syndicate, association 
2 or corporation and any bylaws and stock
certificates must 
3 contain a restriction that provides that the ownership or

4 transfer of interest by any one of the persons a party to 
5 the agreement can
only be made to a person who qualifies as 
6 an Illinois resident.

7  2. Provide for the registration of Illinois conceived 
8 and foaled
horses and no such horse shall compete in the 
9 races limited to Illinois
conceived and foaled horses 
10 unless registered with the Department of
Agriculture. The 
11 Department of Agriculture may prescribe such forms as
may 
12 be necessary to determine the eligibility of such horses. 
13 No person
shall knowingly prepare or cause preparation of 
14 an application for
registration of such foals containing 
15 false information.
A mare (dam) must be in the State state 
16 at least 30 days prior to foaling or
remain in the State at 
17 least 30 days at the time of foaling. However, the 
18 requirement that a mare (dam) must be in the State at least 
19 30 days before foaling or remain in the State at least 30 
20 days at the time of foaling shall not be in effect from 
21 January 1, 2018 until January 1, 2022.
Beginning with the 
22 1996 breeding season and for foals of 1997 and thereafter,

23 a foal conceived by transported fresh semen may be eligible 
24 for Illinois
conceived and foaled registration provided 
25 all breeding and foaling
requirements are met. The stallion 
26 must be qualified for Illinois Standardbred
Breeders Fund 
 
 
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1 breeding at the time of conception and the mare must be

2 inseminated within the State of Illinois. The foal must be 
3 dropped in Illinois
and properly registered with the 
4 Department of Agriculture in accordance with
this Act. 
5 However, from January 1, 2018 until January 1, 2022, the 
6 requirement for a mare to be inseminated within the State 
7 of Illinois and the requirement for a foal to be dropped in 
8 Illinois are inapplicable. 

9  3. Provide that at least a 5 day racing program shall 
10 be conducted
at the State Fair each year, which program 
11 shall include at least the
following races limited to 
12 Illinois conceived and foaled horses: (a) a
two year old 
13 Trot and Pace, and Filly Division of each; (b) a three
year 
14 old Trot and Pace, and Filly Division of each; (c) an aged 
15 Trot and Pace,
and Mare Division of each.

16  4. Provide for the payment of nominating, sustaining 
17 and starting
fees for races promoting the sport of harness 
18 racing and for the races
to be conducted at the State Fair 
19 as provided in
subsection (j) 3 of this Section provided 
20 that the nominating,
sustaining and starting payment 
21 required from an entrant shall not
exceed 2% of the purse 
22 of such race. All nominating, sustaining and
starting 
23 payments shall be held for the benefit of entrants and 
24 shall be
paid out as part of the respective purses for such 
25 races.
Nominating, sustaining and starting fees shall be 
26 held in trust accounts
for the purposes as set forth in 
 
 
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1 this Act and in accordance with Section
205-15 of the 
2 Department of Agriculture Law (20 ILCS
205/205-15).

3  5. Provide for the registration with the Department of 
4 Agriculture
of Colt Associations or county fairs desiring 
5 to sponsor races at county
fairs.

6 (k) The Department of Agriculture, with the advice and 
7assistance of the
Illinois
Standardbred Breeders Fund Advisory 
8Board, may allocate monies for purse
supplements for such 
9races. In determining whether to allocate money and
the amount, 
10the Department
of Agriculture shall consider factors, 
11including but not limited to, the
amount of money appropriated 
12for the Illinois Standardbred Breeders Fund
program, the number 
13of races that may occur, and an organizational
licensee's purse 
14structure. The organizational licensee shall notify the

15Department of Agriculture of the conditions and minimum purses 
16for races
limited to Illinois conceived and foaled horses to be 
17conducted by each
organizational licensee conducting a harness 
18racing meeting for which purse
supplements have been 
19negotiated.

20 (l) All races held at county fairs and the State Fair which 
21receive funds
from the Illinois Standardbred Breeders Fund 
22shall be conducted in
accordance with the rules of the United 
23States Trotting Association unless
otherwise modified by the 
24Department of Agriculture.

25 (m) At all standardbred race meetings held or conducted 
26under authority of a
license granted by the Board, and at all 
 
 
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1standardbred races held at county
fairs which are approved by 
2the Department of Agriculture or at the
Illinois or DuQuoin 
3State Fairs, no one shall jog, train, warm up or drive
a 
4standardbred horse unless he or she is wearing a protective 
5safety helmet,
with the
chin strap fastened and in place, which 
6meets the standards and
requirements as set forth in the 1984 
7Standard for Protective Headgear for
Use in Harness Racing and 
8Other Equestrian Sports published by the Snell
Memorial 
9Foundation, or any standards and requirements for headgear the

10Illinois Racing Board may approve. Any other standards and 
11requirements so
approved by the Board shall equal or exceed 
12those published by the Snell
Memorial Foundation. Any 
13equestrian helmet bearing the Snell label shall
be deemed to 
14have met those standards and requirements.

15(Source: P.A. 99-756, eff. 8-12-16.)





16 (230 ILCS 5/33.1) (from Ch. 8, par. 37-33.1)



17 Sec. 33.1. 
(a) The Department of Agriculture shall be 
18responsible for
investigating and determining the eligibility 
19of mares and Illinois conceived
and foaled horses and Illinois 
20foaled horses to participate in
Illinois conceived and foaled 
21and Illinois foaled races. The Department
of Agriculture shall 
22also qualify stallions to participate in the Illinois

23Standardbred and Thoroughbred programs.

24 (b) The Director of the Department of Agriculture or his 
25authorized agent
is authorized to conduct hearings, administer 
 
 
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1oaths, and issue subpoenas
to carry out his responsibilities 
2concerning the Illinois Standardbred and
Thoroughbred programs 
3as set forth in Sections 30 and 31.

4 (c) The Director of the Department of Agriculture or his 
5authorized agent
shall, after a hearing, affirm or deny the 
6qualification of a stallion for
the Illinois Standardbred or 
7Thoroughbred program. The decision of the
Director of the 
8Department of Agriculture or his authorized agent shall
be 
9subject to judicial review under the Administrative Review Law. 
10The
term "administrative decision" shall have the meaning 
11ascribed to it in
Section 3-101 of the Administrative Review 
12Law.

13 (d) If the determination is made that a standardbred 
14stallion is not
owned by a resident
of the State of Illinois or 
15that a transfer of ownership is a subterfuge to
qualify a 
16standardbred stallion under the Act,
or that a standardbred 
17stallion owner, manager, or person associated with
him or her 
18has knowingly participated in the arrangements for 
19transporting
semen from a
standardbred stallion registered 
20under this Act out-of-state,
the Director of the Department of 
21Agriculture
or his authorized agent shall immediately publish 
22notice of such fact in
publications devoted to news concerning 
23standardbred
horses,
announcing the disqualification of such 
24stallion or his foals. From January 1, 2018 until January 1, 
252022, the Director of Agriculture or his or her authorized 
26agent shall not publish notice announcing the disqualification 
 
 
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1of such stallion or his foals on the basis that a stallion 
2owner, manager, or person associated with him or her has 
3knowingly participated in the arrangements for transporting 
4semen from a standardbred stallion registered under this Act 
5out of State. If any
person owning any stallion, mare or foal 
6is found by the Director of the
Department of Agriculture or 
7his authorized agent to have willfully violated
any provision 
8of this Act or to have made any false statements concerning

9such person's stallion, mare or foal, then no animal owned by 
10such person is
eligible to participate in any events conducted 
11pursuant to Sections 30 and 31.

12 (e) Any person who is served with a subpoena, issued by the 
13Director of
the Department of Agriculture or his authorized 
14agent, to appear and testify
or to produce documents and who 
15refuses or neglects to testify or produce
documents relevant to 
16the investigation, as directed in the subpoenas, may
be 
17punished as provided in this Section.

18 (f) Any circuit court of this State, upon petition by the 
19Director of the
Department of Agriculture or his authorized 
20agent, may compel the attendance
of witnesses, the production 
21of documents and giving the testimony required
by this Section 
22in the same manner as the production of evidence may be

23compelled in any other judicial proceeding before such court. 
24Any person
who willfully swears or affirms falsely in any 
25proceeding conducted pursuant
to this Section is guilty of 
26perjury.

 
 
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1 (g) The fees of witnesses for attendance and travel in the 
2course of any
investigation shall be the same as the fees of 
3witnesses before the circuit
courts of this State.

4 (h) The Department shall have authority to promulgate rules 
5and regulations
for the enforcement of Sections 30, 31 and 33.1 
6of this Act. Conditions
and purses shall not be subject to 
7Section 5-40 of the Illinois Administrative
Procedure Act but 
8shall be set and published from time to time.

9(Source: P.A. 88-45; 89-16, eff. 5-30-95.)



10 Section 99. Effective date. This Act takes effect upon 
11becoming law.