Section 290.10  Purpose and Definitions

 

a)         Purpose

The purpose of this Part is to establish the standards the Department of Agriculture will use in determining that a foal qualifies as an Illinois conceived and foaled standardbred, thoroughbred or quarter horse or Illinois foaled thoroughbred for the purpose of eligibility for races with purses supplemented through Standardbred, Thoroughbred and Racing Quarter Horse Breeders Fund Programs.

 

b)         Definitions

 

"Act" means the Illinois Horse Racing Act of 1975 [230 ILCS 5].

 

"Administrator" means an employee of the Department responsible for the administration of the Illinois Standardbred Breeders Program, Illinois Thoroughbred Breeders Program and Illinois Quarter Horse Breeders Program.

 

"Breeder" – In the Standardbred Breeders Program and the Quarter Horse Breeders Program, "breeder" means the owners of the mare (dam) at the time of conception.  In the Thoroughbred Breeders Program, "breeder" means the owners of the mare (dam) at the time of foaling.

 

"Conceived" – A horse is conceived at the place where the mare (dam) is bred.

 

"Department" or "Department of Agriculture" means the Illinois Department of Agriculture.

 

"Director" means the Director of the Illinois Department of Agriculture.

 

"Foaled" – A horse is foaled at its place of birth.

 

"Illinois Resident" means:

 

An individual who is physically present in the State of Illinois with the intention to remain and is considered to be a resident by the Illinois Department of Revenue or Illinois Secretary of State.

 

A partnership, joint venture, limited partnership, limited liability company or other syndicate or association shall qualify as an Illinois resident provided all of the individual members and/or beneficiaries qualify individually as residents of the State of Illinois.  The Articles of Agreement of any one of these types of entities must contain a restriction that the ownership or transfer of interest by any one of the persons party to the agreement can only be made to a person who qualifies as an Illinois resident.

 

A corporation shall be considered an Illinois resident if:

 

it is incorporated in Illinois;

 

all incorporators, directors, officers, and stockholders qualify individually as residents of the State of Illinois; and

 

the bylaws and stock certificates of the corporation contain a restrictive stock transfer agreement that provides for ownership or transfer of the stock only to persons who qualify as Illinois residents.

 

"Investigator" means an employee of the Department who is authorized to conduct investigations for the Department relative to those Sections of the Horse Racing Act of 1975 that are under the jurisdiction of the Department of Agriculture and such other duties as assigned by the Director.

 

"Lessee", for the purposes of Subpart B, means a resident of the State of Illinois who contracts with an Illinois resident who owns a certified stallion (see Sections 290.55 and 290.60) to stand that stallion within the State of Illinois.  For purposes of Subparts C and D, a lessee and owner are not required to be Illinois residents.

 

"Standardbred Horse" means a horse registered or eligible to be registered by the United States Trotting Association.

 

"Thoroughbred Horse" means a horse registered or eligible to be registered by the Jockey Club.

 

"Timely Filed" means all official documents, reports or similar forms are considered to be timely filed if they are delivered to the Department on or before the date due or postmarked on or before the date due.

 

"Quarter Horse" means a horse registered or eligible to be registered by the American Quarter Horse Association.

 

(Source:  Amended at 43 Ill. Reg. 7408, effective June 21, 2019)

 

Section 290.12  Incorporation by Reference

 

The rules of the American Quarter Horse Association (P.O. Box 200, Amarillo TX 79168; 2000) and the United States Trotting Association (750 Michigan Avenue, Columbus OH  43215; 1990) are incorporated by reference in this Part and do not include any later amendments or editions beyond the date specified.

 

(Source:  Added at 25 Ill. Reg. 7679, effective June 8, 2001)

 

Section 290.15  Trust Funds; Nominating, Sustaining and Entry Fees

 

a)         The sum of all payments made by an entrant to a race shall not exceed 2 percent of the total purse being awarded for the race.

 

b)         Trust accounts shall be established by the Department as authorized by the Horse Racing Act of 1975 and Section 205-15 of the Civil Administrative Code [20 ILCS 205/205-15] to receive, hold and disburse monies derived from entrants payments.

 

c)         Trust funds held by the Department shall be invested in interest bearing accounts and the interest accrued from those investments shall be used for the benefit of the entrants.

 

d)         All nominating, sustaining and entry fee payments shall be paid as a part of the respective purse for the race.

 

(Source:  Amended at 25 Ill. Reg. 7679, effective June 8, 2001)

 

Section 290.20  Operating Plan and Official Budget; Standardbred, Thoroughbred and Racing Quarter Horse Breeders Fund Programs and Monies Distribution Schedule

 

The Department shall prepare for each fiscal year operating plans and official budgets to encourage the breeding and racing in the State of standardbred, thoroughbred and quarter horses and shall provide for the distribution of monies appropriated for the Standardbred, Thoroughbred and Racing Quarter Horse Breeders Fund Programs.

 

(Source:  Amended at 25 Ill. Reg. 7679, effective June 8, 2001)

 

Section 290.50  Stallion Certification Requirements

 

a)         All standardbred stallions standing for service in Illinois must be certified annually with the Department for foals of the stallions to be registered in the Illinois Standardbred Breeders Fund Program and to be eligible to race in races restricted to Illinois conceived and foaled horses.

 

b)         No person shall knowingly prepare or cause to be prepared an application for certification containing false information. Any false information shall be grounds for denying an Illinois Stallion Eligibility Certificate and/or cancellation of an Illinois Stallion Eligibility Certificate.

 

c)         No stallion can be certified as an Illinois stallion by a person who does not meet the residency requirement set forth in Section 290.10.  To be certified as an Illinois stallion:

 

1)         the stallion shall be owned by a resident of the State of Illinois and stand for service within the State of Illinois at the time of a foal's conception;

 

2)         the stallion must not stand for service at any place outside of the State of Illinois during the calendar year in which the foal is conceived; and

 

3)         the owners of the stallion must be, or must have been for the 12 months prior, residents of Illinois.

 

(Source:  Amended at 43 Ill. Reg. 7408, effective June 21, 2019)

 

Section 290.55  Certification of Stallion for First Time or Under New Ownership Before Offering Service

 

a)         In order for a stallion's foal to be registered as Illinois conceived and foaled, any person who desires to stand the stallion for service shall, before standing or offering the stallion for service, certify the stallion with the Department and comply with this Subpart.  Certification applies only to the owners at the time of application.  If a certified stallion is sold to new owners, the stallion is no longer eligible for the program unless re-certified by the new owners.

 

b)         Application for stallion certification shall be on a form provided by the Department, giving the following information:

 

1)         The name of the stallion.

 

2)         The names and addresses of the stallion owners.

 

3)         The names and addresses of lessees (if any).

 

4)         The sire and dam of the stallion.

 

5)         The place where the stallion will stand for service during the year for which the application is made.

 

6)         That the stallion is and will be owned by a resident of Illinois, will be standing for service within the State of Illinois, and will not stand for service at any place outside the State of Illinois during the calendar year for which the application is being made; and that the owners of the stallion were, for the 12 months prior, residents of the State of Illinois.

 

7)         Details concerning right of ownership, such as contracts or other documents, must show any agreements concerning breeding rights, repurchase agreements, and other types of concessions.

 

(Source:  Amended at 25 Ill. Reg. 7679, effective June 8, 2001)

 

Section 290.60  Renewal Application for Offering or Standing Stallion for Service

 

a)         In order for a stallion's foal to be registered as Illinois conceived and foaled, a person offering or standing the stallion for service shall, before January 1 of every year in which the service will be offered, timely file with the Department a written application, on forms provided by the Department, giving the following information:

 

1)         The name of the stallion.

 

2)         The names and addresses of the stallion owners.

 

3)         The names and addresses of lessees (if any).

 

4)         The sire and dam of the stallion.

 

5)         The places where the stallion stood for service during the previous year (if different than in the renewal year).

 

6)         The place where the stallion will stand for service during the year for which the application is made.

 

7)         That the stallion is and will be owned by a resident of Illinois, will be standing for service within the State of Illinois, and will not stand for service at any place outside the State of Illinois during the calendar year for which application is being made; and that the owners of the stallion were, for the 12 months prior, residents of the State of Illinois.

 

8)         Details concerning right of ownership, such as contracts or other documents,  must show any agreements concerning breeding rights, repurchase agreements, and other types of concessions.

 

b)         The Department shall impose monetary penalties, in accordance with 230 ILCS 5/40, for late filing of a renewal application for offering or standing stallion for service.

 

(Source:  Amended at 25 Ill. Reg. 7679, effective June 8, 2001)

 

Section 290.65  Breeding Record of Stallion – Record of Mares Bred

 

a)         In order for a stallion's foal to be registered as Illinois conceived and foaled, a person offering or standing the stallion for service shall maintain a complete breeding record of the stallion and all mares bred to that stallion, including:

 

1)         the name of the mare,

 

2)         the names and addresses, including zip code, of the owner or owners of the mare,

 

3)         the first and last dates on which the stallion was bred to the mare,

 

4)         if the mare was inseminated by transported semen, any and all dates semen was shipped,

 

5)         if the mare was pasture bred, first and last possible breeding dates.

 

b)         A fully completed Record of Mares Bred must be filed with the Department by September 1 of each year.  For mares bred after September 1, immediate notification to the Department is required.

 

c)         The Department shall impose monetary penalties, in accordance with 230 ILCS 5/40, for incomplete and/or late filing of the Record of Mares Bred.

 

(Source:  Amended at 25 Ill. Reg. 7679, effective June 8, 2001)

 

Section 290.67  Requirements for Transported Fresh Semen of a Certified Stallion

 

a)         Rules Applicable Beginning January 1, 2022

 

1)         Semen from an Illinois-certified stallion may be transported within the State for the purpose of inseminating a mare or mares within the State but cannot be transported outside the State.

 

2)         The mare must be in the State at the time of conception, and that fact will be verified by a Department employee.

 

3)         The stallion owners or their authorized representative must indicate on the Record of Mares Bred (see Section 290.65) all mares artificially inseminated with transported fresh semen.

 

b)         Rules Applicable from January 1, 2018 Through December 31, 2021

 

1)         Semen from an Illinois stallion may be transported outside of the State and the resultant foals will be eligible for registration as Illinois conceived and foaled horses as provided in Section 31(j) of the Act.

 

2)         The mare (dam) need not be inseminated in Illinois or be in Illinois when the foal is dropped and 30 days before or after the foaling.

 

(Source:  Amended at 43 Ill. Reg. 7408, effective June 21, 2019)

 

Section 290.70  Stallion Siring Foal Must Qualify In Order For Foal to be Eligible for Registration as an Illinois Conceived and Foaled Horse (Repealed)

 

(Source:  Repealed at 25 Ill. Reg. 7679, effective June 8, 2001)

 

Section 290.75  Notification if Certified Stallion is Moved

 

The owners or their authorized representative must give immediate notification to the Department if the stallion leaves the location where he is certified. The stallion may not be used for breeding purposes outside the State of Illinois during the calendar year for which certified.

 

(Source:  Amended at 25 Ill. Reg. 7679, effective June 8, 2001)

 

Section 290.77  Notification of Sale or Transfer of Ownership of Certified Stallion

 

a)         The Department must receive notification of transfer of ownership of a certified stallion within 10 days after the sale or transfer.

 

b)         If the new owners are Illinois residents and desire to certify the stallion for eligibility of its foal in the Illinois Standardbred Breeders Fund Program, the owners or their authorized representative shall, before standing or offering the stallion for service, file an Application for Stallion Certification on forms provided by the Department.

 

c)         If the stallion is transferred to someone other than an Illinois resident, and the stallion had previously serviced mares during that calendar year, the stallion may not be used for breeding purposes outside the State of Illinois during the remainder of the calendar year for which the stallion was certified as an Illinois stallion.

 

(Source:  Added at 25 Ill. Reg. 7679, effective June 8, 2001)

 

Section 290.78  Stallion Eligibility Certificate

 

a)         Certified stallions must be identified at the reported standing location by a Department investigator.

 

b)         Upon certification of a stallion by the Department, an Illinois Stallion Eligibility Certificate shall be issued and will be delivered to the reported standing location.

 

(Source:  Added at 25 Ill. Reg. 7679, effective June 8, 2001)

 

Section 290.80  Stallion Qualification Procedures (Repealed)

 

(Source:  Repealed at 25 Ill. Reg. 7679, effective June 8, 2001)

 

Section 290.85  Qualifications for Illinois Conceived and Foaled Standardbred Horses

 

a)         A horse, to be qualified for the Illinois Standardbred Breeders Fund Program and for races restricted to Illinois conceived and foaled horses, must meet the following requirements:

 

1)         Except as provided in the Act, an Illinois conceived and foaled horse is a foal born in this State and sired by a certified Illinois stallion standing for service within this State at the time of the foal's conception; and

 

2)         Except as provided in the Act, a mare (dam) of an Illinois conceived and foaled horse must be in the State a total of 30 consecutive days that includes the foaling date.

 

b)         Embryo Transfer

 

1)         Foals produced by embryo transfer procedures will be eligible for the Illinois Standardbred Breeders Fund Program and qualified for races restricted to Illinois conceived and foaled horses, provided all of the following requirements have been satisfied:

 

A)        the donor mare was at least three years old at the time of the conception;

 

B)        conception of the donor mare occurred within the State;

 

C)        the foal was sired by a certified Illinois stallion standing for service within this State at the time of the foal's conception;

 

D)        prior to the embryo transplant, the donor mare owner or his or her authorized representative contacted and advised the Department's Horse Racing Program of the embryo transplant;

 

E)        the Department received from the donor mare owner, prior to the embryo transplant, a signed statement from a veterinarian licensed to practice in Illinois indicating that the veterinarian believes that it is unlikely the donor mare can carry the embryo to a successful birth;

 

F)         after the embryo transplant was performed, the donor mare owner or his or her authorized representative provided to the Horse Racing Program all information concerning markings, identity and location of the recipient mare;

 

G)        the recipient mare was identified by a Department equine investigator at an Illinois location prior to foaling;

 

H)        the birth of the foal by the recipient mare occurred within the State; and

 

I)         the recipient mare was in the State a total of 30 consecutive days that includes the foaling date.

 

2)         Only the first living foal of a donor mare produced by embryo transplant in a calendar year shall be eligible to participate in the Illinois Standardbred Breeders Fund Program each year.  Notwithstanding any provision of this Section to the contrary, the registration with the United States Trotting Association of any additional foal produced by the donor mare by embryo transplant during that year will void the eligibility of all foals produced by the donor mare by embryo transplant for the Illinois Standardbred Breeders Fund Program for that year.

 

c)         Any foal produced by cloning will not be eligible for registration with the Illinois Standardbred Breeders Fund Program.

 

(Source:  Amended at 43 Ill. Reg. 7408, effective June 21, 2019)

 

Section 290.90  Registration for Illinois Conceived and Foaled Horses

 

a)         An application for foal registration for an Illinois conceived and foaled standardbred foal must be filed with the Department within 10 days after foaling.  The application shall be made on forms provided by the Department. The forms shall be completed by the owners of the foal or their authorized representative and that person shall provide all the information required.  Except as provided in the Act, the foal must remain in the State until it has been identified by a Department representative or until written notice that the foal application has been accepted and the foal registration is issued by the Department.

 

b)         Procedures for Registration of Illinois Conceived and Foaled Standardbreds

 

1)         The owners of the foal, or their authorized representative, shall complete an application for foal registration showing the name of the mare (dam), the name of the sire, the date and location of foaling, and the color, sex and markings of the foal.

 

2)         If the foal has met all the requirements for registration, a Foal Eligibility Registration Certificate will be issued.

 

3)         In the event of a sale or transfer of ownership of a standardbred foal registered with the Department, the transfer of ownership shall be executed on the front of the Foal Eligibility Registration Certificate for the foal and the endorsed certificate forwarded to the Department. A new certificate will be issued to the new owners.

 

c)         The Department shall impose monetary penalties, as prescribed by Section 40 of the Act, for the late filing of an application for foal registration.

 

(Source:  Amended at 43 Ill. Reg. 7408, effective June 21, 2019)

 

Section 290.95  Standardbred Breeders Awards

 

a)         Standardbred breeders awards are limited to breeders of Illinois conceived and foaled standardbred horses, defined in Section 31 of the Act [230 ILCS 5/31] as the owner of a mare at the time of conception.

 

b)         A breeder cannot receive awards unless the foal is properly registered under Section 290.90.

 

(Source:  Amended at 25 Ill. Reg. 7679, effective June 8, 2001)

 

Section 290.100  Grandfather Rights of Standardbred Horses Registered Under the Illinois Harness Racing Act (Repealed)

 

(Source:  Repealed at 25 Ill. Reg. 7679, effective June 8, 2001)

 

Section 290.105  Standardbred Racing at County Fairs or Other Venues

 

a)         A county fair or other venue, upon approval of the Department, may conduct harness races with Illinois conceived and foaled standardbred purse supplements in compliance with the conditions set forth in this Section.

 

b)         The president and secretary, or his/her authorized representative, of the racing event claiming benefits of any distribution from the Illinois Standardbred Breeders Fund shall file with the Department, within 7 days after the last racing day, a document stating the amount of purses contributed by the county fair or other venue, the names and addresses of those owners who received Illinois Standardbred Breeders Fund purse money and the amount each horse owner received.

 

c)         All races that receive funds from the Illinois Standardbred Breeders Fund must be conducted in accordance with the rules of the United States Trotting Association.

 

(Source:  Amended at 25 Ill. Reg. 7679, effective June 8, 2001)

 

Section 290.110  Illinois Conceived and Foaled Standardbred Races at the Illinois State Fair and Du Quoin State Fair

 

a)         The Department will conduct annually during the Illinois State Fair at least a 5-day racing program. The program shall include at least the following races limited to Illinois conceived and foaled horses:

 

1)         a two year old trot and pace, and filly division of each;

 

2)         a three year old trot and pace, and filly division of each;

 

3)         an aged trot and pace,  and mare division of each. (Section 31 of the Illinois Horse Racing Act of 1975 [230 ILCS 5/31])

 

b)         All standardbred races held at the Illinois State Fair or Du Quoin State Fair that receive funds from the Illinois Standardbred Breeders Fund shall be conducted in accordance with the rules of the United States Trotting Association incorporated by reference in Section 290.12.

 

c)         Nominating, Sustaining and Entry Fees.  All nominating, sustaining and entry fees for races sponsored by the Department of Agriculture through the Illinois Standardbred Breeders Fund shall be paid to the Department or its authorized agent. All fees received from these payments shall be kept by the Department in accounts as set forth in 30 ILCS 105/5.26a to be used for the benefit of entrants in specific races. These monies shall be paid out as a part of the purse for each respective race.

 

(Source:  Amended at 25 Ill. Reg. 7679, effective June 8, 2001)

 

Section 290.150  Stallion Certification Requirements

 

a)         All thoroughbred stallions standing for service in Illinois must be certified annually with the Department for foals of the stallions to be registered in the Illinois Thoroughbred Breeders Fund Program and to be eligible to race in races restricted to Illinois conceived and foaled horses.

 

b)         No person shall knowingly prepare or cause to be prepared an application for certification containing false information.  Any false information shall be grounds for denying an Illinois Stallion Eligibility Certificate and/or cancellation of an Illinois Stallion Eligibility Certificate.

 

c)         The stallion shall be standing for service within the State of Illinois at the time of a foal's conception, and the stallion must not stand for service at any place outside of the State of Illinois during that calendar year in which the foal is conceived.

 

(Source:  Amended at 25 Ill. Reg. 7679, effective June 8, 2001)

 

Section 290.155  Certification of Stallion for First Time or Under New Ownership Before Offering Service

 

a)         In order for a stallion's foal to be registered as Illinois conceived and foaled, any person who desires to stand the stallion for service shall, before standing or offering the stallion for service, certify the stallion with the Department and comply with this Subpart.  Certification applies only to the owners at the time of application.  If a certified stallion is sold to new owners, the stallion is no longer eligible for the program unless re-certified by the new owners.

 

b)         Application for stallion certification shall be on a form provided by the Department, giving the following information:

 

1)         The name of the stallion.

 

2)         The names and addresses of the stallion owners.

 

3)         The names and addresses of lessees (if any).

 

4)         The place where the stallion will stand for service during the year for which the application is made.

 

5)         That the stallion will be standing for service within the State of Illinois and will not stand for service at any place outside the State of Illinois during the calendar year for which application is being made.

 

6)         Statement of ownership, including names and addresses of owners and percentage of ownership.

 

7)         A photocopy of the official certificate of registration from the Jockey Club.

 

(Source:  Amended at 25 Ill. Reg. 7679, effective June 8, 2001)

 

Section 290.160  Renewal Application for Offering or Standing Stallion for Service

 

a)         In order for a stallion's foal to be registered as Illinois conceived and foaled, a person offering or standing the stallion for service shall, before January 1 of every year in which the service will be offered, timely file with the Department a written application on forms provided by the Department giving the following information:

 

1)         The name of the stallion.

 

2)         The names and addresses of the stallion owners.

 

3)         The names and addresses of lessees (if any).

 

4)         The places where the stallion stood for service during the previous year (if different than in the renewal year).

 

5)         The place where the stallion will stand for service during the year for which the application is made.

 

6)         That the stallion will be standing for service within the State of Illinois and will not stand for service at any place outside the State of Illinois during the calendar year for which application is being made.

 

b)         Annual statement of ownership, including names and addresses of owners and percentage of ownership.

 

c)         Submission of a photocopy of the official certificate of registration from the Jockey Club.

 

d)         The Department shall impose monetary penalties, in accordance with 230 ILCS 5/40, for late filing of a renewal application for offering or standing stallion for service.

 

(Source:  Amended at 25 Ill. Reg. 7679, effective June 8, 2001)

 

Section 290.165  Breeding Record of Stallion – Record of Mares Bred

 

a)         In order for a stallion's foal to be registered as Illinois conceived and foaled, a person offering or standing the stallion for service shall maintain a complete breeding record of the stallion and all mares bred to that stallion, including:

 

1)         the name of the mare,

 

2)         the mare's Jockey Club registration number,

 

3)         the names and addresses, including zip code, of the owner or owners of the mare,

 

4)         the first and last dates on which the stallion was bred to the mare, and

 

5)         if the mare was pasture bred, first and last possible breeding dates.

 

b)         A fully completed Record of Mares Bred must be filed with the Department by September 1 of each year.  For mares bred after September 1, immediate notification to the Department is required.

 

c)         The Department shall impose monetary penalties, in accordance with 230 ILCS 5/40, for incomplete and/or late filing of the Record of Mares Bred.

 

(Source:  Amended at 25 Ill. Reg. 7679, effective June 8, 2001)

 

Section 290.170  Stallion Siring Foal Must Qualify In Order For Foal to be Eligible for Registration as an Illinois Conceived and Foaled Horse (Repealed)

 

(Source:  Repealed at 25 Ill. Reg. 7679, effective June 8, 2001)

 

Section 290.175  Notification if Certified Stallion is Moved

 

The owners or their authorized representative must give immediate notification to the Department if the stallion leaves the location where he is certified.

 

(Source:  Amended at 25 Ill. Reg. 7679, effective June 8, 2001)

 

Section 290.177  Notification of Sale or Transfer of Ownership of Certified Stallion

 

a)         The Department must receive notification of transfer of ownership of a certified stallion within 10 days after the sale or transfer.

 

b)         If the new owners desire to certify the stallion for eligibility of its foal in the Illinois Thoroughbred Breeders Fund Program, the owners or their authorized representative shall, before standing or offering the stallion for service, file an Application for Stallion Certification on forms provided by the Department.

 

c)         If the stallion had previously serviced mares during that calendar year, the stallion may not be used for breeding purposes outside the State of Illinois during the remainder of the calendar year for which the stallion was certified as an Illinois stallion.

 

(Source:  Added at 25 Ill. Reg. 7679, effective June 8, 2001)

 

Section 290.178  Stallion Eligibility Certificate

 

a)         Certified stallions must be identified at the reported standing location by a Department investigator.

 

b)         Upon certification of a stallion by the Department, an Illinois Stallion Eligibility Certificate shall be issued and will be delivered to the reported standing location.

 

(Source:  Added at 25 Ill. Reg. 7679, effective June 8, 2001)

 

Section 290.180  Stallion Qualification Procedures (Repealed)

 

(Source:  Repealed at 25 Ill. Reg. 7679, effective June 8, 2001)

 

Section 290.185  Qualifications for Illinois Conceived and Foaled Thoroughbred Horses

 

A horse, to be qualified for the Illinois Thoroughbred Breeders Fund Program and for races restricted to Illinois conceived and foaled horses, must meet the following requirements:

 

a)         An Illinois conceived and foaled horse is a foal born in this State and sired by a certified Illinois stallion standing for service within this State at the time of the foal's conception; and

 

b)         A mare (dam) of an Illinois conceived and foaled horse must be in the State a total of 30 consecutive days that includes the foaling date.

 

(Source:  Amended at 25 Ill. Reg. 7679, effective June 8, 2001)

 

Section 290.190  Registration for Illinois Conceived and Foaled Horses

 

a)         An application for foal registration for an Illinois conceived and foaled thoroughbred foal must be filed with the Department within 10 days after foaling. The application shall be made on forms provided by the Department. The forms shall be completed by the owners of the foal or their authorized representative and that person shall provide all the information required. The foal must remain in the State until it has been identified by a Department representative or until written notice that the foal application has been accepted and the foal registration is issued by the Department.

 

b)         Procedures for Registration of Illinois Conceived and Foaled Thoroughbreds

 

1)         The owners of the foal, or their authorized representative, shall complete an application for foal registration showing the name of the mare (dam), the name of the sire, the date and location of foaling, and the color, sex and markings of the foal.

 

2)         To complete the official registration of an Illinois conceived and foaled horse, the owners or their authorized representative must forward the Jockey Club Certificate to the Department. If the horse has met all of the requirements for registration, the Illinois official seal shall be affixed on the face of the Jockey Club Certificate. The seal shall include the Illinois registration number for that horse.

 

A)        The Jockey Club Certificate with the Illinois registration number will be the official registration certificate for the Illinois Thoroughbred Conceived and Foaled Program. The Jockey Club Certificate with the Department seal shall be returned to the owner of the horse by a mail delivery system that includes tracking capabilities.

 

B)        If the Jockey Club Certificate is lost, destroyed or replaced, the duplicate Jockey Club Certificate for the horse must receive a new Department seal to be valid for the Illinois Conceived and Foaled Program.

 

c)         The Department shall impose monetary penalties, as prescribed by Section 40 of the Act, for the late filing of an application for foal registration.

 

(Source:  Amended at 43 Ill. Reg. 7408, effective June 21, 2019)

 

Section 290.195  Qualifications for Illinois Foaled Thoroughbred Horses

 

a)         A horse, to be qualified for the Illinois Thoroughbred Breeders Fund Early Arrival Program and for races restricted to Illinois foaled horses, must meet the following requirements:

 

1)         The owners of the mare (dam) or their authorized representative must complete a Mare Status Report and file it with the Department on or before December 1 of the year the foal is conceived.

 

2)         The mare (dam) must be in the State on or before December 1 of the year the foal is conceived and remain continuously in this State until the foal is born.

 

b)         A horse, to be qualified for the Illinois Thoroughbred Breeders Fund New Purchase Program and for races restricted to Illinois foaled horses, must meet the following requirements:

 

1)         The mare (dam) must be in the State before February 1 and the owners of the mare, or their authorized representative, must complete a Mare Status Report and file it with the Department no later than February 1 of the year of foaling.

 

2)         The mare (dam) must have been purchased at a public auction and must be 100% Illinois owned.

 

3)         The mare (dam) must foal in Illinois.

 

c)         A horse, to be qualified for the Illinois Thoroughbred Breeders Fund Breed-Back Program and for races restricted to Illinois foaled horses, must meet the following requirements:

 

1)         The mare (dam) must be in the State on or before March 1 and the owners of the mare, or their authorized representative, must complete a Mare Status Report and file it with the Department on or before March 1 of the year of foaling.

 

2)         The mare (dam) must foal in Illinois.

 

3)         The mare (dam) must remain in Illinois for 30 days after foaling and must be bred back during the year of foaling to an Illinois certified stallion and no other.

 

(Source:  Amended at 25 Ill. Reg. 7679, effective June 8, 2001)

 

Section 290.200  Registration for Illinois Foaled Thoroughbred Horses

 

a)         An application for foal registration for an Illinois foaled thoroughbred foal must be filed with the Department within 10 days after foaling.  The application shall be made on forms provided by the Department. The forms shall be completed by the owners of the foal or their authorized representative and that person shall provide all the information required. The foal must remain in the State until it has been identified by a Department representative or until written notice that the foal application has been accepted and the foal registration is issued.

 

b)         Procedures for Registration of Illinois  Foaled Thoroughbreds

 

1)         The owners of the foal, or their authorized representative, shall complete an application for foal registration showing the name of the mare (dam), the name of the sire, the date of foaling, and the color, sex and markings of the foal.

 

2)         To complete the official registration of an Illinois foaled horse, the owners or their authorized representative must forward the Jockey Club Certificate to the Department. If the horse has met all the requirements for registration, the Illinois official seal shall be affixed on the face of the Jockey Club Certificate. The seal shall include the Illinois registration number for the horse.

 

A)        The Jockey Club Certificate with the Illinois registration number will be the official registration certificate for the Illinois Foaled Thoroughbred Program. The Jockey Club Certificate with the Department seal shall be returned to the owner of the horse by a mail system that includes tracking capabilities.

 

B)        If the Jockey Club Certificate is lost, destroyed or replaced, the duplicate Jockey Club Certificate for that horse must receive a new Department seal to be valid for the Illinois Foaled Thoroughbred Program.

 

c)         The Department shall impose monetary penalties, as prescribed by Section 40 of the Act, for the late filing of an application for foal registration.

 

(Source:  Amended at 43 Ill. Reg. 7408, effective June 21, 2019)

 

Section 290.205  Grandfather Rights of Thoroughbred Horses Registered Under the Illinois Horse Racing Act (Repealed)

 

(Source:  Repealed at 25 Ill. Reg. 7679, effective June 8, 2001)

 

Section 290.210  Thoroughbred Stallion Owners Awards

 

a)         Thoroughbred stallion owners awards are limited to the sires of registered Illinois conceived and foaled horses that were conceived before May 30, 1995.

 

b)         The owner of a thoroughbred stallion is eligible to participate in the stallion owners awards program by:

 

1)         Qualifying foal must be registered as an Illinois conceived and foaled thoroughbred with the Illinois Department of Agriculture.

 

2)         Qualifying foal must win a race other than a claiming race at a pari-mutuel track in Illinois.

 

3)         Stallion must not stand or be offered for service outside the State of Illinois during the calendar year in which the qualified foal wins an eligible race.

 

c)         The stallion owner is defined as the owner of record of the stallion at the time of conception of the qualifying horse. Stallion owners awards will be paid to such owners.

 

(Source:  Amended at 25 Ill. Reg. 7679, effective June 8, 2001)

 

Section 290.215  Illinois Conceived and Foaled Thoroughbred Racing at County Fairs

 

a)         The Illinois Horse Racing Act of 1975 provides $75,000 annually for purses to be distributed to county fairs that provide for the running of races during each county fair. These races will be open to thoroughbreds that are properly registered as Illinois conceived and foaled with the Department.

 

b)         The conditions of the races shall be developed by the county fair association and reviewed by the Department, with the advice and assistance of the Illinois Thoroughbred Breeders Fund Advisory Board.

 

c)         County fair associations desiring to participate in this program shall file an application for participation with the Department on or before February 15 each year. Applications are available from the Department. Information as to location, date, track surface, and number of permanent horse stalls available must be given.

 

d)         The Department may at any time order the cancellation of a race or races if funds have been conditionally allocated to a fair association and the conditions have not been fulfilled prior to opening day of the fair. Any violation of this Subpart shall be just cause for denying distribution of fund monies to the county fair and/or the money winning horse owners.

 

e)         The purse distribution shall be as follows: 50% to the winner; 25% to second; 15% to third; and 10% to fourth.

 

f)         The president and secretary, or his/her authorized representative, of each county fair association claiming the benefit of any distribution from the Illinois Thoroughbred Breeders Fund shall file with the Department, within 7 days after the last racing day of a county fair, 2 official programs, an affidavit stating that this Subparthas been complied with, including the amount of purses put up by the county fair, the names and addresses of those owners who are to share in the total purse and the amount in which they are to share.

 

g)         The fair association shall appoint a Racing Secretary, 3 placing judges, starter and a timer as the officials to conduct the races. These officials shall be appointed at least 2 days prior to the date of the races. The list of those appointed officials must be submitted to the Department no later than 24 hours before the running of the races.

 

h)         The Department investigator may identify each horse starting in a race by means of description on the Jockey Club Certificate and verify Illinois conceived and foaled registration.

 

i)          It shall be the duty of the 3 judges to conduct the races and their decision shall be final in all matters pertaining to the running of the races, including the finishing order of horses.  All questions pertaining directly to racing arising during the program of races at county fairs shall be determined by the judges.

 

j)          It shall be the duty of the Racing Secretary to ascertain that the owner of a horse in whose name the horse is entered is the last owner of record on the Jockey Club Certificate.

 

k)         The Racing Secretary shall record the Illinois conceived and foaled registration number of each Illinois conceived and foaled horse competing in the races and furnish this information to the Department.

 

l)          No horse shall be eligible to be entered in a race that is receiving money from the Illinois Thoroughbred Breeders Fund unless the horse has been duly registered as an Illinois conceived and foaled thoroughbred.  The Illinois registration number shall be recorded on the entry blank at the time an entry for a race is submitted to the Racing Secretary.

 

m)        In the event that the number of entries to any race is in excess of the number of horses that may, because of track limitations, be permitted to start, the starters for the race shall be determined by lot in the presence of those making entries, and the post position shall be in the order in which the starters are drawn. The same method shall be used in determining the starters and post positions in case any race is divided or split.

 

(Source:  Amended at 25 Ill. Reg. 7679, effective June 8, 2001)

 

Section 290.220  Stallion Certification Requirements

 

a)         All stallions standing for service in Illinois must be certified annually with the Department for foals of such stallions to be registered in the Illinois Quarter Horse Breeders Fund Program and to be eligible to race in races restricted to Illinois conceived and foaled horses.

 

b)         No person shall knowingly prepare or cause to be prepared an application for certification containing false information.  Any false information shall be grounds for denying an Illinois Stallion Eligibility Certificate and/or cancellation of an Illinois Stallion Eligibility Certificate.

 

c)         The stallion shall be standing for service within the State of Illinois at the time of a foal's conception, and such stallion must not stand for service at any place outside of the State of Illinois during the calendar year in which the foal is conceived.

 

d)         Semen from an Illinois certified stallion may be shipped for immediate use to other locations provided the stallion does not  stand for service at any place outside the State of Illinois during the calendar year for which the stallion is certified.

 

(Source:  Added at 25 Ill. Reg. 7679, effective June 8, 2001)

 

Section 290.225  Certification of Stallion for First Time or Under New Ownership Before Offering Service

 

a)         In order for a stallion's foal to be registered as Illinois conceived and foaled, any person who desires to stand the stallion for service shall, before standing or offering the stallion for service, certify the stallion with the Department and comply with this Subpart.  Certification applies only to the owners at the time of application.  If a certified stallion is sold to new owners, the stallion is no longer eligible for the program unless re-certified by the new owners.

 

b)         Application for stallion certification shall be on a form provided by the Department, giving the following information:

 

1)         The name of the stallion.

 

2)         The names and addresses of the stallion owners.

 

3)         The names and addresses of lessees (if any).

 

4)         The sire and dam of the stallion.

 

5)         The place where the stallion will stand for service during the year for which the application is made.

 

6)         That the stallion will be standing for service within the State of Illinois and will not stand for service at any place outside the State of Illinois during the calendar year for which the application is being made.

 

(Source:  Added at 25 Ill. Reg. 7679, effective June 8, 2001)

 

Section 290.230  Renewal Application for Offering or Standing Stallion for Service

 

In order for a stallion's foal to be registered as Illinois conceived and foaled, a person offering or standing the stallion for service shall, before January 1 of every year in which such service will be offered, timely file with the Department a written application, on forms provided by the Department, giving the following information:

 

a)         the name of the stallion,

 

b)         the names and addresses of the stallion owners,

 

c)         the names and addresses of lessee (if any),

 

d)         the sire and dam of the stallion,

 

e)         the places where the stallion stood for service during the previous year (if different than in the renewal year),

 

f)         the place where the stallion will stand for service during the year for which the application is made, and

 

g)         that the stallion will be standing for service within the State of Illinois and will not stand for service at any place outside the State of Illinois during the calendar year for which application is being made.

 

(Source:  Added at 25 Ill. Reg. 7679, effective June 8, 2001)

 

Section 290.235  Breeding Record of Stallion – Record of Mares Bred

 

a)         In order for a stallion's foal to be registered as Illinois conceived and foaled, a person offering or standing the stallion for service shall maintain a complete breeding record of the stallion and all mares bred to such stallion, including:

 

1)         the name of the mare,

 

2)         the names and addresses, including zip code, of the owner or owners of the mare,

 

3)         the first and last dates on which the stallion was bred to the mare,

 

4)         if the mare was inseminated by transported semen, any and all dates semen was shipped,

 

5)         if the mare was pasture bred, first and last possible breeding dates.

 

b)         A fully completed Record of Mares Bred must be filed with the Department by September 1 of each year.  For mares bred after September 1, immediate notification to the Department is required.

 

(Source:  Added at 25 Ill. Reg. 7679, effective June 8, 2001)

 

Section 290.240  Requirements for Transported Fresh Semen of a Certified Stallion

 

a)         The mare owners or their authorized representative must file a Transported Fresh Semen Report with the Department, within 10 days after insemination, indicating the insemination dates, the insemination site, a description of the mare, the ownership of the mare, and the name of the person who performed the insemination.  Subsequent inseminations utilizing transported fresh semen must be reported as required by this subsection.

 

b)         The mare must be in the State at the time of conception, and such fact will be verified by a Department employee.

 

c)         The stallion owners or their authorized representative must indicate on the Record of Mares Bred (see Section 290.235) all mares artificially inseminated with transported fresh semen.

 

(Source:  Added at 25 Ill. Reg. 7679, effective June 8, 2001)

 

Section 290.245  Notification if Certified Stallion is Moved

 

The owners or their authorized representative must give immediate notification to the Department if the stallion leaves the location where he is certified.  The stallion may not be used for breeding purposes outside the State of Illinois during the calendar year for which certified.

 

(Source:  Added at 25 Ill. Reg. 7679, effective June 8, 2001)

 

Section 290.250 Notification of Sale or Transfer of Ownership of Certified Stallion

 

a)         The Department must receive notification of transfer of ownership of a certified stallion within 10 days after the sale or transfer.

 

b)         If the new owners desire to certify the stallion for eligibility of its foal in the Illinois Racing Quarter Horse Breeders Fund Program, the owners or their authorized representative shall, before standing or offering the stallion for service, file an Application for Stallion Certification on forms provided by the Department.

 

c)         If the stallion had previously serviced mares during that calendar year, the stallion may not be used for breeding purposes outside the State of Illinois during the remainder of the calendar year for which the stallion was certified as an Illinois stallion.

 

(Source:  Added at 25 Ill. Reg. 7679, effective June 8, 2001)

 

Section 290.255  Stallion Eligibility Certificate

 

a)         Certified stallions must be identified at the reported standing location by a Department investigator.

 

b)         Upon certification of a stallion by the Department, an Illinois Stallion Eligibility Certificate shall be issued and will be delivered to the reported standing location.

 

(Source:  Added at 25 Ill. Reg. 7679, effective June 8, 2001)

 

Section 290.260  Qualifications for Illinois Conceived and Foaled Quarter Horses

 

A horse, to be qualified for the Illinois Racing Quarter Horse Breeders Fund Program and for races restricted to Illinois conceived and foaled horses, must meet the following requirements:

 

a)         An Illinois conceived and foaled horse is a foal born in this State from a mare in this State and sired by a certified Illinois stallion standing for service within this State at the time of the foal's conception.

 

b)         A mare (dam) of an Illinois conceived and foaled horse must be in the State a total of 30 consecutive days that includes the foaling date.

 

c)         Foals produced by embryo transfer procedures will be eligible for the program provided the conception of the donor mare occurred within the State, the birth of the foal occurred within the State, the owners of the mare or their authorized representative provide all information concerning markings, identity and location of the recipient mare, and all applicable requirements of the American Quarter Horse Association are met.

 

(Source:  Added at 25 Ill. Reg. 7679, effective June 8, 2001)

 

Section 290.265  Registration for Illinois Conceived and Foaled Horses

 

a)         An application for foal registration for an Illinois conceived and foaled quarter horse foal must be filed with the Department within 10 days after foaling.  The application shall be made on forms provided by the Department. The forms shall be completed by the owners of the foal or their authorized representative and that person shall provide all the information required.  The foal must remain in the State until it has been identified by a Department representative or until written notice that the foal application has been accepted and the foal registration is issued by the Department.

 

b)         Procedures for Registration of Illinois Conceived and Foaled Quarter Horses

 

1)         The owners of the foal, or their authorized representative, shall complete an application for foal registration showing the name of the mare (dam), the name of the sire, the date and location of foaling, and the color, sex and markings of the foal.

 

2)         If the foal has met all the requirements for registration, a Foal Registration Eligibility Certificate will be issued.

 

3)         In the event of a sale or transfer of ownership of a quarter horse foal registered with the Department, the transfer of ownership shall be executed on the front of the Foal Eligibility Registration Certificate for the foal and the endorsed certificate forwarded to the Department.  A new certificate will be issued to the new owners.

 

c)         All Illinois conceived and foaled quarter horses foaled prior to June 25, 1999 who are inspected, identified and certified may be issued a Foal Eligibility Registration Certificate for Illinois conceived and foaled quarter horses.

 

d)         In the case of a quarter horse that was conceived and foaled in Illinois, but for whom a birth certificate and/or an application for registration was not filed with the Department, the present owners may make application to the Department for registration of the horse.  The applicant shall meet all the requirements of this Subpart concerning the registration of an Illinois conceived and foaled quarter horse, and in addition must provide evidence to assure that the horse qualifies for registration as an Illinois conceived and foaled quarter horse.

 

(Source:  Added at 25 Ill. Reg. 7679, effective June 8, 2001)

 

Section 290.270  Quarter Horse Racing at County Fairs or Other Locations

 

a)         A county fair or other location, upon approval of the Department, may conduct quarter horse races for Illinois conceived and foaled quarter horses in compliance with the conditions established in this Section.

 

b)         The president and secretary, or his/her authorized representative, of the racing event claiming benefits of any distribution from the Illinois Racing Quarter Horse Breeders Fund shall file with the Department, within 7 days after the last racing day, a document stating the amount of purses contributed by the county fair or other location, the names and addresses of those owners who received Illinois Racing Quarter Horse Breeders Fund purse money and the amount each horse owner received.

 

c)         All races that receive funds from the Illinois Racing Quarter Horse Breeders Fund must be conducted in accordance with the rules of the American Quarter Horse Association.

 

(Source:  Added at 25 Ill. Reg. 7679, effective June 8, 2001)

 

Section 290.275  Illinois Conceived and Foaled Quarter Horse Races at the Illinois State Fair and Du Quoin State Fair

 

a)         All quarter horse races held at the Illinois State Fair or the Du Quoin State Fair that receive funds from the Illinois Racing Quarter Horse Breeders Fund shall be conducted in accordance with the rules of the American Quarter Horse Association unless otherwise modified by rule of the Illinois Racing Board (see 11 Ill. Adm. Code 1440).

 

b)         To qualify to race at the Illinois State Fair or Du Quoin State Fair in races for Illinois conceived and foaled quarter horses, a horse must be registered by the Department as an Illinois conceived and foaled quarter horse.

 

c)         Nominating, Sustaining and Entry Fees.  All nominating, sustaining and entry fees for races sponsored by the Department of Agriculture through the Illinois Racing Quarter Horse Breeders Fund shall be paid to the Department or its authorized agent.  All fees received from these payments shall be kept by the Department to be used for the benefit of entrants in specific races in accordance with the provisions of 30 ILCS 105/25(i).  These monies shall be paid out as a part of the purse for each respective race.

 

(Source:  Added at 25 Ill. Reg. 7679, effective June 8, 2001)

 

Section 290.280  Quarter Horse Racing at Illinois Pari-mutuel Racetracks

 

With the advice and assistance of the Illinois Racing Quarter Horse Breeders Fund Advisory Board, a budget may be established each year to provide money for:

 

a)         stakes races for Illinois registered quarter horses;

 

b)         owners' awards for Illinois registered quarter horses finishing first, second, third, fourth and fifth in open races conducted at Illinois pari-mutuel racetracks;

 

c)         an Illinois stallion stakes program;

 

d)         purses for races during the Illinois State Fair and the Du Quoin State Fair;

 

e)         purses for races at Illinois county fairs; and

 

f)         purses for races at other locations in Illinois.

 

(Source:  Added at 25 Ill. Reg. 7679, effective June 8, 2001)