2014 Kentucky Revised Statutes CHAPTER 230 - HORSE RACING AND SHOWING 230.400 Thoroughbred development fund -- Allocation -- Advisory committee -- Uses of fund.
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230.400 Thoroughbred development fund -- Allocation -- Advisory committee
-- Uses of fund.
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There is hereby created a trust and revolving fund for the Kentucky Horse
Racing Commission, designated as the Kentucky Thoroughbred development
fund, consisting of money allocated to the fund under the provisions of KRS
138.510, together with other money contributed to or allocated to the fund from
all other sources. Money to the credit of the Kentucky Thoroughbred
development fund shall be distributed by the Treasurer for the purposes of this
section upon authorization of the Kentucky Horse Racing Commission and
upon approval of the secretary of the Finance and Administration Cabinet.
Money from the Kentucky Thoroughbred development fund shall be allocated
to each licensed association in an amount equal to the amount the association
contributed to the fund. Money to the credit of the Kentucky Thoroughbred
development fund at the end of each fiscal year shall not lapse, but shall be
carried forward in such fund to the succeeding fiscal year.
There is hereby established, under the general jurisdiction of the Kentucky
Horse Racing Commission, a Kentucky Thoroughbred Development Fund
Advisory Committee. The advisory committee shall consist of five (5) members,
all of whom shall be residents of Kentucky, to be appointed by the chairman of
the Kentucky Horse Racing Commission by July 1 of each year. The committee
shall consist of two (2) Thoroughbred breeders recommended by the Kentucky
Thoroughbred Owners and Breeders, Inc.; one (1) Thoroughbred owner
recommended by the Kentucky division of the Horsemen's Benevolent and
Protective Association; one (1) officer or director of a licensed association
conducting Thoroughbred racing in Kentucky, recommended by action of all of
the licensed associations conducting Thoroughbred racing in Kentucky; and
one (1) member of the Kentucky Horse Racing Commission. If any member
other than the racing commission member has not been recommended for
appointment by July 1 of each year, the chairman of the Kentucky Horse
Racing Commission shall make an appointment for the organization or
organizations failing to recommend a member of the committee. The members
of the advisory committee shall serve without compensation, but shall be
entitled to reimbursement for all expenses incurred in the discharge of official
business. The advisory committee shall select from its membership annually a
chairman and a vice chairman.
(a) The Kentucky Thoroughbred Development Fund Committee shall advise
and assist the Kentucky Horse Racing Commission in the development of
the supplemental purse program provided herein for Kentucky-bred
Thoroughbreds, shall make recommendations to the racing commission
from time to time with respect to the establishment of guidelines,
administrative regulations for the provision of supplemental purses, the
amount thereof, the races for which the purses are to be provided and the
conditions thereof, manner and method of payment of supplemental
purses, registry of Thoroughbred stallions standing within the
Commonwealth of Kentucky, registry of Kentucky-bred Thoroughbreds for
purposes of this section, nature and type of forms and reports to be
employed and required in connection with the establishment, provision
for, award and payment of supplemental purses, and with respect to all
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other matters necessary in connection with the carrying out of the intent
and purposes of this section.
(b) The Kentucky Horse Racing Commission shall employ qualified
personnel as may be required to assist the racing commission and the
advisory committee in carrying out the provisions of this section. These
persons shall serve at the pleasure of the racing commission and
compensation for these personnel shall be fixed by the racing
commission. The compensation of these personnel and the necessary
expenses incurred by the racing commission or by the committee in
carrying out the provisions of this section shall be paid out of the
Kentucky Thoroughbred development fund.
The Kentucky Horse Racing Commission, with the advice and assistance of
the Kentucky Thoroughbred Development Fund Advisory Committee, shall use
the Kentucky Thoroughbred development fund to promote, enhance, improve,
and encourage the further and continued development of the Thoroughbred
breeding industry in Kentucky by providing, out of the Kentucky Thoroughbred
development fund, supplemental purses for designated stakes, handicap,
allowance, nonclaiming maiden races, and allowance optional claiming races
for a claiming price of not less than twenty-five thousand dollars ($25,000)
contested at licensed Thoroughbred race meetings in Kentucky. The Kentucky
Horse Racing Commission shall, by administrative regulation promulgated in
accordance with KRS Chapter 13A, establish the requirements, conditions, and
procedures for awarding and payment of supplemental purses in designated
races by Kentucky-bred Thoroughbred horses. That portion of the
supplemental purse provided for any designated race shall be awarded and
paid to the owner of the horse only if the horse is a Kentucky-bred
Thoroughbred duly registered with the official registrar. Any portion of the
supplemental purse which is not awarded and paid over shall be returned to
the Kentucky Thoroughbred development fund.
(a) For purposes of this section, the term "Kentucky Thoroughbred stallion"
shall mean and include only a Thoroughbred stallion standing the entire
breeding season in Kentucky and registered as a Kentucky Thoroughbred
stallion with the official registrar of the Kentucky Thoroughbred
development fund.
(b) Except for Thoroughbred horses foaled prior to January 1, 1980, the term
"Kentucky-bred Thoroughbreds," for purposes of this section, shall mean
and include only Thoroughbred horses sired by Kentucky Thoroughbred
stallions foaled in Kentucky and registered as a Kentucky-bred
Thoroughbred with the official registrar of the Kentucky Thoroughbred
development fund.
(c) Any Thoroughbred horse foaled prior to January 1, 1980, may qualify as
a Kentucky-bred Thoroughbred for purposes of this section if the horse
was foaled in Kentucky and if the sire of the Thoroughbred was standing
at stud within Kentucky at the time of conception of such Thoroughbred,
provided the Thoroughbred is duly registered as a Kentucky-bred
Thoroughbred with the official registrar of the Kentucky Thoroughbred
development fund.
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In order for an owner of a Kentucky-sired Thoroughbred to be eligible to
demand, claim, and receive a portion of a supplemental purse provided
by the Kentucky Thoroughbred development fund, the Thoroughbred
horse in a designated race for which a supplemental purse has been
provided by the Kentucky Thoroughbred development fund must have
been duly registered as a Kentucky-bred Thoroughbred with the official
registrar of the Kentucky Thoroughbred development fund prior to entry in
the race.
(a) Kentucky Thoroughbred Owners and Breeders, Inc., is hereby recognized
and designated as the sole official registrar of the Kentucky Thoroughbred
development fund for the purposes of registering Kentucky Thoroughbred
stallions and Kentucky-bred Thoroughbreds in accordance with the terms
of this section and any administrative regulations promulgated by the
Kentucky Horse Racing Commission. When a Kentucky-bred
Thoroughbred is registered with the official registrar, the registrar shall be
authorized to stamp the Jockey Club certificate issued for the
Thoroughbred with the seal of the registrar, certifying that the
Thoroughbred is a duly qualified and registered Kentucky-bred
Thoroughbred for purposes of this section. The registrar may establish
and charge, with the approval of the racing commission, reasonable
registration fees for its services in the registration of Kentucky
Thoroughbred stallions and in the registration of Kentucky-bred
Thoroughbreds. Registration records of the registrar shall be public
records and open to public inspection at all normal business hours and
times.
(b) Any interested party aggrieved by the failure or refusal of the official
registrar to register a stallion or Thoroughbred as a Kentucky stallion or
as a Kentucky-bred Thoroughbred shall have the right to file with the
racing commission, within thirty (30) days of such failure or refusal of the
registrar, a petition seeking registration of the Thoroughbred. The racing
commission shall promptly hear the matter de novo and issue its order
directing the official registrar to register or not to register as it may be
determined by the racing commission.
The Kentucky Horse Racing Commission shall promulgate administrative
regulations as may be necessary to carry out the provisions and purposes of
this section, including the promulgation of administrative regulations and forms
as may be appropriate for the proper registration of Kentucky stallions and
Kentucky-bred Thoroughbreds with the official registrar, and shall administer
the Kentucky-bred Thoroughbred program created hereby in a manner best
designed to promote and aid in the further development of the Thoroughbred
breeding industry in Kentucky, to upgrade the quality of Thoroughbred racing in
Kentucky, and to improve the quality of Thoroughbred horses bred in Kentucky.
Effective:April 10, 2014
History: Amended 2014 Ky. Acts ch. 106, sec. 2, effective April 10, 2014. -Amended 2010 Ky. Acts ch. 24, sec. 483, effective July 15, 2010. -- Amended
2004 Ky. Acts ch. 191, sec. 39, effective July 13, 2004. -- Amended 1992 Ky.
Acts ch. 109, sec. 32, effective March 30, 1992. -- Amended 1982 Ky. Acts ch.
100, sec. 7, effective July 15, 1982. -- Created 1978 Ky. Acts ch. 190, sec. 1,
effective June 17, 1978.
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