2006 Ohio Revised Code - [3769.08.3] 3769.083.Definitions; Ohio thoroughbred race fund; stakes races.

[§ 3769.08.3] § 3769.083. Definitions; Ohio thoroughbred race fund; stakes races.
 

(A)  As used in this section: 

(1) An "accredited Ohio thoroughbred horse" means a horse conceived in this state and born in this state which is both: 

(a) Born of a mare that is domiciled in this state at the time of such conception, that remains continuously in the state through the date on which such horse is born, and that is registered as required by the rules of the state racing commission; 

(b) By a stallion that stands for breeding purposes only in this state in the year in which such horse is conceived, and that is registered as required by the rules of the racing commission. 

(2) An "Ohio foaled horse" means a horse registered as required by the rules of the racing commission which is either of the following: 

(a) A horse born of a mare which enters this state on or before the fifteenth day of July of the year in which the horse is conceived and remains continuously in this state until the horse is born; 

(b) A thoroughbred foal produced within the state by any broodmare shipped into the state to foal and be bred to a registered Ohio stallion. To qualify this foal as an Ohio foaled horse, the broodmare shall remain in Ohio one year continuously after foaling or continuously through foaling to the cover of the Ohio stallion, whichever is sooner. All horses previously registered as Ohio conceived and foaled shall be considered as Ohio foaled horses effective January 1, 1976. 

Any thoroughbred mare may leave Ohio for such periods of time for purposes of such activities as veterinary treatment or surgery, sales purposes, racing purposes, and similar activities if permission is granted by the commission and the mare is returned to Ohio immediately upon the conclusion of the requested activity. 

(3) "Horse," "stallion," "mare," or "foal" means a horse of the thoroughbred breed as distinguished from a horse of the standard breed or any other breed, and "race" means a race for thoroughbred horses conducted by a permit holder of the racing commission. 

(4) "Horse" includes animals of all ages and of both sexes. 

(B)  There is hereby created in the state treasury the Ohio thoroughbred race fund, to consist of moneys paid into it pursuant to sections 3769.08 and 3769.087 [3769.08.7] of the Revised Code. Moneys to the credit of the fund shall be distributed on order of the state racing commission. The commission shall, with the advice and assistance of the Ohio thoroughbred racing advisory committee, use this fund, except as provided in divisions (C)(2), (3), and (D) of this section, to promote races and provide purses for such races for horses in the following classes: 

(1) Accredited Ohio thoroughbred horses; 

(2) Ohio foaled horses. 

Not less than ten nor more than twenty-five per cent of the total money to be paid from the fund for all types of races shall be allocated to races restricted to accredited Ohio thoroughbred horses. The commission may combine the classes of horses described in divisions (B)(1) and (2) of this section in one race, except in stake races. 

(C) (1)  Each permit holder conducting thoroughbred races shall schedule races each week for horses in the classes named in division (B) of this section; the number of such races shall be prescribed by the commission. The commission shall, pursuant to division (B) of this section, prescribe the class or classes of such races to be held by each permit holder and shall, with the advice of the Ohio thoroughbred racing advisory committee, fix the dates and conditions of such races and the amount of moneys to be paid from the Ohio thoroughbred race fund to be added in each such race to the minimum purse established by the permit holder for the class of race held. 

(2) The commission may, with the advice of the Ohio thoroughbred racing advisory committee, provide for stake races to be run each year, and fix the number of such races and the time, place, and conditions under which each shall be run. The commission shall fix the amount of moneys to be paid from the fund to be added to the purse provided for each such race by the permit holder, except that in at least four such stake races each year the commission shall, if four such races can be arranged, require that the permit holder conducting the stake race provide no less than fifteen thousand dollars for the purse for such stake race, and the commission shall provide moneys from the fund to be added to such purse in an amount equal to or greater than the amount provided by the permit holder. The commission may require a nominating, sustaining, and entry fee not to exceed one per cent of the money added from the fund for each horse in any such stake race, which fee shall be added to the purse for the race. 

Stakes races where money is added from the fund shall be open only to accredited Ohio thoroughbred horses and Ohio foaled horses. Twenty-five per cent of the total moneys to be paid from the fund for stakes races shall be allocated to races for only accredited Ohio thoroughbred horses. The commission may require a nominating, sustaining, and entry fee, not to exceed one per cent of the money added from the fund, for each horse in any such stake race. These fees shall be accumulated by the commission, and shall be paid out by the commission at its discretion as part of the purse money for additional races. 

(3) The commission may pay from the fund to the breeder of a horse of class (1) or (2) of division (B) of this section winning first, second, or third prize money of a purse for a thoroughbred race an amount not to exceed fifteen per cent of the first, second, or third prize money of such purse. For the purposes of this division the term "breeder" shall be defined by rule of the commission. 

The commission may also provide for stallion owners' awards in an amount equal to not less than three nor more than ten per cent of the first, second, or third place share of the purse. The award shall be paid to the owner of the stallion, providing the stallion was standing in Ohio as provided in division (A)(1)(b) of this section at the time the horse placing first, second, or third was conceived. 

(D)  The commission may provide for the expenditure of moneys from the fund in an amount not to exceed in any one calendar year ten per cent of the total amount received in the account that year to provide for research projects directed toward improving the breeding, raising, racing, and health and soundness of thoroughbred horses in the state and toward education or promotion of the industry. Research for which such funds may be used may include, but shall not be limited to, studies of pre-race blood testing, post-race testing, improvement of the breed, and nutrition. 

(E)  The commission shall appoint such qualified personnel as may be required to supervise registration of horses under the terms of this section, to determine the eligibility of horses for accredited Ohio thoroughbred races, Ohio foaled races, and the stake races authorized by division (C)(2) of this section, and to assist the advisory committee and the commission in determining the conditions, class, and quality of the race program to be established under this section so as to carry out the purposes of this section. Such persons shall serve at the pleasure of the commission, and compensation shall be fixed by the commission. The compensation of such personnel and necessary expenses shall be paid out of the fund. 
 

The commission shall adopt such rules as are necessary to carry out this section and shall administer the stake race program and other races supported by the Ohio thoroughbred race special account [fund] in a manner best designed to aid in the development of the thoroughbred horse industry in the state, to upgrade the quality of horse racing in the state, and to improve the quality of horses conceived and foaled in the state. 
 

HISTORY: 131 v 904 (Eff 11-19-65); 136 v H 287 (Eff 10-30-75); 137 v S 221 (Eff 11-23-77); 139 v H 330 (Eff 7-13-81); 140 v H 639 (Eff 3-1-84); 141 v H 201 (Eff 7-1-85); 142 v S 206. Eff 3-29-88.