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| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
91_HB4165ham002
LRB9111831LDpram03
1 AMENDMENT TO HOUSE BILL 4165
2 AMENDMENT NO. . Amend House Bill 4165, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT to amend the Illinois Horse Racing Act of 1975 by
5 changing Section 30."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Horse Racing Act of 1975 is
9 amended by changing Section 30 as follows:
10 (230 ILCS 5/30) (from Ch. 8, par. 37-30)
11 Sec. 30. (a) The General Assembly declares that it is
12 the policy of this State to encourage the breeding of
13 thoroughbred horses in this State and the ownership of such
14 horses by residents of this State in order to provide for:
15 sufficient numbers of high quality thoroughbred horses to
16 participate in thoroughbred racing meetings in this State,
17 and to establish and preserve the agricultural and commercial
18 benefits of such breeding and racing industries to the State
19 of Illinois. It is the intent of the General Assembly to
20 further this policy by the provisions of this Act.
21 (b) Each organization licensee conducting a thoroughbred
22 racing meeting pursuant to this Act shall provide at least
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1 two races each day limited to Illinois conceived and foaled
2 horses or Illinois foaled horses or both. A minimum of 6
3 races shall be conducted each week limited to Illinois
4 conceived and foaled or Illinois foaled horses or both. No
5 horses shall be permitted to start in such races unless duly
6 registered under the rules of the Department of Agriculture.
7 (c) Conditions of races under subsection (b) shall be
8 commensurate with past performance, quality, and class of
9 Illinois conceived and foaled and Illinois foaled horses
10 available. If, however, sufficient competition cannot be had
11 among horses of that class on any day, the races may, with
12 consent of the Board, be eliminated for that day and
13 substitute races provided.
14 (d) There is hereby created a special fund of the State
15 Treasury to be known as the Illinois Thoroughbred Breeders
16 Fund.
17 Except as provided in subsection (g) of Section 27 of
18 this Act, 8.5% of all the monies received by the State as
19 privilege taxes on Thoroughbred racing meetings shall be paid
20 into the Illinois Thoroughbred Breeders Fund.
21 (e) The Illinois Thoroughbred Breeders Fund shall be
22 administered by the Department of Agriculture with the advice
23 and assistance of the Advisory Board created in subsection
24 (f) of this Section.
25 (f) The Illinois Thoroughbred Breeders Fund Advisory
26 Board shall consist of the Director of the Department of
27 Agriculture, who shall serve as Chairman; a member of the
28 Illinois Racing Board, designated by it; 2 representatives of
29 the organization licensees conducting thoroughbred racing
30 meetings, recommended by them; 2 representatives of the
31 Illinois Thoroughbred Breeders and Owners Foundation,
32 recommended by it; and 2 representatives of the Horsemen's
33 Benevolent Protective Association or any successor
34 organization established in Illinois comprised of the largest
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1 number of owners and trainers, recommended by it, with one
2 representative of the Horsemen's Benevolent and Protective
3 Association to come from its Illinois Division, and one from
4 its Chicago Division. Advisory Board members shall serve for
5 2 years commencing January 1 of each odd numbered year. If
6 representatives of the organization licensees conducting
7 thoroughbred racing meetings, the Illinois Thoroughbred
8 Breeders and Owners Foundation, and the Horsemen's Benevolent
9 Protection Association have not been recommended by January
10 1, of each odd numbered year, the Director of the Department
11 of Agriculture shall make an appointment for the organization
12 failing to so recommend a member of the Advisory Board.
13 Advisory Board members shall receive no compensation for
14 their services as members but shall be reimbursed for all
15 actual and necessary expenses and disbursements incurred in
16 the execution of their official duties.
17 (g) No monies shall be expended from the Illinois
18 Thoroughbred Breeders Fund except as appropriated by the
19 General Assembly. Monies appropriated from the Illinois
20 Thoroughbred Breeders Fund shall be expended by the
21 Department of Agriculture, with the advice and assistance of
22 the Illinois Thoroughbred Breeders Fund Advisory Board, for
23 the following purposes only:
24 (1) To provide purse supplements to owners of
25 horses participating in races limited to Illinois
26 conceived and foaled and Illinois foaled horses. Any
27 such purse supplements shall not be included in and shall
28 be paid in addition to any purses, stakes, or breeders'
29 awards offered by each organization licensee as
30 determined by agreement between such organization
31 licensee and an organization representing the horsemen.
32 No monies from the Illinois Thoroughbred Breeders Fund
33 shall be used to provide purse supplements for claiming
34 races in which the minimum claiming price is less than
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1 $7,500.
2 (2) To provide stakes and awards to be paid to the
3 owners of the winning horses in certain races limited to
4 Illinois conceived and foaled and Illinois foaled horses
5 designated as stakes races.
6 (2.5) To provide an award to the owner or owners of
7 an Illinois conceived and foaled or Illinois foaled horse
8 that wins a maiden special weight, an allowance,
9 overnight handicap race, or claiming race with claiming
10 price of $10,000 or more providing the race is not
11 restricted to Illinois conceived and foaled or Illinois
12 foaled horses. Awards shall also be provided to the
13 owner or owners of Illinois conceived and foaled and
14 Illinois foaled horses that place second or third in
15 those races. To the extent that additional moneys are
16 required to pay the minimum additional awards of 40% of
17 the purse the horse earns for placing first, second or
18 third in those races for Illinois foaled horses and of
19 60% of the purse the horse earns for placing first,
20 second or third in those races for Illinois conceived and
21 foaled horses, those moneys shall be provided from the
22 purse account at the track where earned.
23 (3) To provide stallion awards to the owner or
24 owners of any stallion that is duly registered with the
25 Illinois Thoroughbred Breeders Fund Program prior to the
26 effective date of this amendatory Act of 1995 whose duly
27 registered Illinois conceived and foaled offspring wins a
28 race conducted at an Illinois thoroughbred racing meeting
29 other than a claiming race. Such award shall not be paid
30 to the owner or owners of an Illinois stallion that
31 served outside this State at any time during the calendar
32 year in which such race was conducted.
33 (4) To provide $75,000 annually for purses to be
34 distributed to county fairs that provide for the running
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1 of 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
7 of any kind on the running of Illinois conceived and
8 foaled races at county fairs.
9 (4.1) To provide purse money for an Illinois
10 stallion stakes program.
11 (5) No less than 80% of all monies appropriated
12 from the Illinois Thoroughbred Breeders Fund shall be
13 expended for the purposes in (1), (2), (2.5), (3), (4),
14 (4.1), and (5) as shown above.
15 (6) To provide for educational programs regarding
16 the 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
20 program for students of equine veterinary medicine.
21 (9) To provide for dissemination of public
22 information designed to promote the breeding of
23 thoroughbred horses in Illinois.
24 (10) To provide for all expenses incurred in the
25 administration of the Illinois Thoroughbred Breeders
26 Fund.
27 (h) Whenever the Governor finds that the amount in the
28 Illinois Thoroughbred Breeders Fund is more than the total of
29 the outstanding appropriations from such fund, the Governor
30 shall notify the State Comptroller and the State Treasurer of
31 such fact. The Comptroller and the State Treasurer, upon
32 receipt of such notification, shall transfer such excess
33 amount from the Illinois Thoroughbred Breeders Fund to the
34 General Revenue Fund.
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1 (i) A sum equal to 12 1/2% of the first prize money of
2 every purse won by an Illinois foaled or an Illinois
3 conceived and foaled horse in races not limited to Illinois
4 foaled horses or Illinois conceived and foaled horses, or
5 both, shall be paid by the organization licensee conducting
6 the horse race meeting. Such sum shall be paid from the
7 organization licensee's share of the money wagered as
8 follows: 11 1/2% to the breeder of the winning horse and 1%
9 to the organization representing thoroughbred breeders and
10 owners whose representative serves on the Illinois
11 Thoroughbred Breeders Fund Advisory Board for verifying the
12 amounts of breeders' awards earned, assuring their
13 distribution in accordance with this Act, and servicing and
14 promoting the Illinois thoroughbred horse racing industry.
15 The organization representing thoroughbred breeders and
16 owners shall cause all expenditures of monies received under
17 this subsection (i) to be audited at least annually by a
18 registered public accountant. The organization shall file
19 copies of each annual audit with the Racing Board, the Clerk
20 of the House of Representatives and the Secretary of the
21 Senate, and shall make copies of each annual audit available
22 to the public upon request and upon payment of the reasonable
23 cost of photocopying the requested number of copies. Such
24 payments shall not reduce any award to the owner of the horse
25 or reduce the taxes payable under this Act. Upon completion
26 of its racing meet, each organization licensee shall deliver
27 to the organization representing thoroughbred breeders and
28 owners whose representative serves on the Illinois
29 Thoroughbred Breeders Fund Advisory Board a listing of all
30 the Illinois foaled and the Illinois conceived and foaled
31 horses which won breeders' awards and the amount of such
32 breeders' awards under this subsection to verify accuracy of
33 payments and assure proper distribution of breeders' awards
34 in accordance with the provisions of this Act. Such payments
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1 shall be delivered by the organization licensee within 30
2 days of the end of each race meeting.
3 (j) A sum equal to 12 1/2% of the first prize money won
4 in each race limited to Illinois foaled horses or Illinois
5 conceived and foaled horses, or both, shall be paid in the
6 following manner by the organization licensee conducting the
7 horse race meeting, from the organization licensee's share of
8 the money wagered: 11 1/2% to the breeders of the horses in
9 each such race which are the official first, second, third
10 and fourth finishers and 1% to the organization representing
11 thoroughbred breeders and owners whose representative serves
12 on the Illinois Thoroughbred Breeders Fund Advisory Board for
13 verifying the amounts of breeders' awards earned, assuring
14 their proper distribution in accordance with this Act, and
15 servicing and promoting the Illinois thoroughbred horse
16 racing industry. The organization representing thoroughbred
17 breeders and owners shall cause all expenditures of monies
18 received under this subsection (j) to be audited at least
19 annually by a registered public accountant. The organization
20 shall file copies of each annual audit with the Racing Board,
21 the Clerk of the House of Representatives and the Secretary
22 of the Senate, and shall make copies of each annual audit
23 available to the public upon request and upon payment of the
24 reasonable cost of photocopying the requested number of
25 copies.
26 The 11 1/2% paid to the breeders in accordance with this
27 subsection shall be distributed as follows:
28 (1) 60% of such sum shall be paid to the breeder of
29 the horse which finishes in the official first position;
30 (2) 20% of such sum shall be paid to the breeder of
31 the horse which finishes in the official second position;
32 (3) 15% of such sum shall be paid to the breeder of
33 the horse which finishes in the official third position;
34 and
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1 (4) 5% of such sum shall be paid to the breeder of
2 the horse which finishes in the official fourth position.
3 Such payments shall not reduce any award to the owners of
4 a horse or reduce the taxes payable under this Act. Upon
5 completion of its racing meet, each organization licensee
6 shall deliver to the organization representing thoroughbred
7 breeders and owners whose representative serves on the
8 Illinois Thoroughbred Breeders Fund Advisory Board a listing
9 of all the Illinois foaled and the Illinois conceived and
10 foaled horses which won breeders' awards and the amount of
11 such breeders' awards in accordance with the provisions of
12 this Act. Such payments shall be delivered by the
13 organization licensee within 30 days of the end of each race
14 meeting.
15 (k) The term "breeder", as used herein, means the owner
16 of the mare at the time the foal is dropped. An "Illinois
17 foaled horse" is a foal dropped by a mare which enters this
18 State on or before December 1, in the year in which the horse
19 is bred, provided the mare remains continuously in this State
20 until its foal is born. An "Illinois foaled horse" also means
21 a foal born of a mare in the same year as the mare enters
22 this State on or before March 1, and remains in this State at
23 least 30 days after foaling, is bred back during the season
24 of the foaling to an Illinois Registered Stallion (unless a
25 veterinarian certifies that the mare should not be bred for
26 health reasons), and is not bred to a stallion standing in
27 any other state during the season of foaling. An "Illinois
28 foaled horse" also means a foal born in Illinois of a mare
29 purchased at public auction subsequent to the mare entering
30 this State prior to February 1 of the foaling year providing
31 the mare is owned solely by one or more Illinois residents or
32 an Illinois entity that is entirely owned by one or more
33 Illinois residents.
34 (l) The Department of Agriculture shall, by rule, with
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1 the advice and assistance of the Illinois Thoroughbred
2 Breeders Fund Advisory Board:
3 (1) Qualify stallions for Illinois breeding; such
4 stallions to stand for service within the State of
5 Illinois at the time of a foal's conception. Such
6 stallion must not stand for service at any place outside
7 the State of Illinois during the calendar year in which
8 the foal is conceived. The Department of Agriculture may
9 assess and collect application fees for the registration
10 of Illinois-eligible stallions. All fees collected are
11 to be paid into the Illinois Thoroughbred Breeders Fund.
12 (2) Provide for the registration of Illinois
13 conceived and foaled horses and Illinois foaled horses.
14 No such horse shall compete in the races limited to
15 Illinois conceived and foaled horses or Illinois foaled
16 horses or both unless registered with the Department of
17 Agriculture. The Department of Agriculture may prescribe
18 such forms as are necessary to determine the eligibility
19 of such horses. The Department of Agriculture may assess
20 and collect application fees for the registration of
21 Illinois-eligible foals. All fees collected are to be
22 paid into the Illinois Thoroughbred Breeders Fund. No
23 person shall knowingly prepare or cause preparation of an
24 application for registration of such foals containing
25 false information.
26 (m) The Department of Agriculture, with the advice and
27 assistance of the Illinois Thoroughbred Breeders Fund
28 Advisory Board, shall provide that certain races limited to
29 Illinois conceived and foaled and Illinois foaled horses be
30 stakes races and determine the total amount of stakes and
31 awards to be paid to the owners of the winning horses in such
32 races.
33 In determining the stakes races and the amount of awards
34 for such races, the Department of Agriculture shall consider
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1 factors, including but not limited to, the amount of money
2 appropriated for the Illinois Thoroughbred Breeders Fund
3 program, organization licensees' contributions, availability
4 of stakes caliber horses as demonstrated by past
5 performances, whether the race can be coordinated into the
6 proposed racing dates within organization licensees' racing
7 dates, opportunity for colts and fillies and various age
8 groups to race, public wagering on such races, and the
9 previous racing schedule.
10 (n) The Board and the organizational licensee shall
11 notify the Department of the conditions and minimum purses
12 for races limited to Illinois conceived and foaled and
13 Illinois foaled horses conducted for each organizational
14 licensee conducting a thoroughbred racing meeting. The
15 Department of Agriculture with the advice and assistance of
16 the Illinois Thoroughbred Breeders Fund Advisory Board may
17 allocate monies for purse supplements for such races. In
18 determining whether to allocate money and the amount, the
19 Department of Agriculture shall consider factors, including
20 but not limited to, the amount of money appropriated for the
21 Illinois Thoroughbred Breeders Fund program, the number of
22 races that may occur, and the organizational licensee's purse
23 structure.
24 (o) In order to improve the breeding quality of
25 thoroughbred horses in the State, the General Assembly
26 recognizes that existing provisions of this Section to
27 encourage such quality breeding need to be revised and
28 strengthened. As such, a Thoroughbred Breeder's Program Task
29 Force is to be appointed by the Governor by September 1, 1999
30 to make recommendations to the General Assembly by no later
31 than May March 1, 2000. This task force is to be composed of
32 2 representatives from the Illinois Thoroughbred Breeders and
33 Owners Foundation, 2 from the Illinois Thoroughbred
34 Horsemen's Association, 3 from Illinois race tracks operating
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1 thoroughbred race meets for an average of at least 30 days in
2 the past 3 years, the Director of Agriculture, the Executive
3 Director of the Racing Board, who shall serve as Chairman.
4 (Source: P.A. 91-40, eff. 6-25-99.)
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.".