Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 290 - STANDARDBRED, THOROUGHBRED AND QUARTER HORSE BREEDING AND RACING PROGRAMS, ILLINOIS › Subpart A - RULES RELATING TO ILLINOIS STANDARDBRED, THOROUGHBRED AND QUARTER HORSE BREEDING AND RACING PROGRAMS › Section 290.10 - Purpose and Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
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.