Kentucky Administrative Regulations › Title 810 - PUBLIC PROTECTION CABINET - KENTUCKY HORSE RACING COMMISSION › Chapter 7 - Incentive and Development Funds › Section 810 KAR 7:020 - Kentucky thoroughbred breeders' incentive fund

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				230.215,
				230.330,
				230.800
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				230.215(1) declares that it
				is the intent of the Commonwealth to foster and to encourage the horse breeding
				industry within the Commonwealth and to encourage the improvement of the breeds
				of horses.
				KRS
				230.215(2) vests in the
				racing commission forceful control of horse racing in the Commonwealth with
				plenary power to promulgate administrative regulations prescribing conditions
				under which all legitimate horse racing and wagering thereon is conducted in
				the Commonwealth so as to encourage the improvement of the breeds of horses in
				the Commonwealth.
				KRS
				230.800 establishes the Kentucky Thoroughbred
				Breeders' Incentive Fund (KBIF).
				KRS
				230.800(2)(b) requires the
				commission to promulgate administrative regulations establishing the conditions
				and criteria for the distribution of moneys from the fund. This administrative
				regulation establishes eligibility standards, administrative practices to
				enforce the standards, and the administration of payments from the fund.
Section 1. Definitions.
(1) "Allowance race" means an overnight race
			 for which eligibility and weight to be carried is determined according to
			 specified conditions which include age, gender, earnings, and number of wins,
			 excluding starter allowance races.
(2) "Claiming earnings" means the gross cash
			 portion, as this portion is determined by The Jockey Club, of the prize awarded
			 to a qualified Kentucky claiming horse that is paid from the association or the
			 license holder permitted to conduct racing in the jurisdiction.
(3) "Claiming race" means a race in which
			 every horse running in the race may be transferred in conformity with
			 810 KAR
			 4:050.
(4)
			 "Grade I stakes race" means a nonrestricted race held in the United States that
			 has been assigned Grade I stakes status for the year contested by the American
			 Graded Stakes Committee of the Thoroughbred Owners and Breeders
			 Association.
(5) "Grade II stakes
			 race" means a nonrestricted race held in the United States that has been
			 assigned Grade II stakes status for the year contested by the American Graded
			 Stakes Committee of the Thoroughbred Owners and Breeders Association.
(6) "Grade III stakes race" means a
			 nonrestricted race held in the United States that has been assigned Grade III
			 stakes status for the year contested by the American Graded Stakes Committee of
			 the Thoroughbred Owners and Breeders Association.
(7) "Group I race" means:
(a) A nonrestricted race held in England,
			 France, or Ireland that has been assigned Group I race status for the year
			 contested by the European Pattern Committee; or
(b) A nonrestricted race held in Canada that
			 has been assigned Canadian Grade I stakes status for the year contested by the
			 Canadian Graded Stakes Committee.
(8) "Group II race" means:
(a) A nonrestricted race held in England,
			 France, or Ireland that has been assigned Group II race status for the year
			 contested by the European Pattern Committee; or
(b) A nonrestricted race held in Canada that
			 has been assigned Canadian Grade II stakes status for the year contested by the
			 Canadian Graded Stakes Committee.
(9) "Group III race" means:
(a) A nonrestricted race held in England,
			 France, or Ireland that has been assigned Group III race status for the year
			 contested by the European Pattern Committee; or
(b) A nonrestricted race held in Canada that
			 has been assigned Canadian Grade III stakes status for the year contested by
			 the Canadian Graded Stakes Committee.
(10) "Intended breeder of record" means the
			 owner or lessee of a thoroughbred mare who:
(a) Desires to:
1. Use the mare for breeding purposes;
			 and
2. Qualify the foal for the
			 Kentucky Thoroughbred Breeders' Incentive Fund; and
(b) Is listed as the intended breeder of
			 record on the forms necessary to register under the KBIF.
(11) "KBIF" means the Kentucky Thoroughbred
			 Breeders' Incentive Fund.
(12)
			 "KBIF registered horse" means a horse registered with the Kentucky Thoroughbred
			 Breeders' Incentive Fund.
(13)
			 "Kentucky sire" means a sire registered as a Kentucky Thoroughbred Development
			 Fund sire.
(14) "Maiden special
			 weight race" means a race in which:
(a) None
			 of the runners have been declared a winner previously; and
(b) None of the runners are eligible to be
			 claimed.
(15) "Overnight
			 race" means a race for which entries close at a time set by the racing
			 secretary.
(16) "Public auction"
			 means a thoroughbred auction conducted by a recognized member of the Society of
			 International Thoroughbred Auctioneers, or other similar public auction
			 approved by the KBIF advisory committee.
(17) "Qualified breeder" means the breeder of
			 record listed in The Jockey Club records.
(18) "Qualified Kentucky claiming horse"
			 means a foal who:
(a)
1. Is born out of a qualified mare; and
2. Is from a Kentucky sire;
			 and
(b) Receives earnings
			 from a claiming race in Kentucky.
(19) "Qualified mare" means a thoroughbred
			 dam who resides in Kentucky from the time of the first cover in Kentucky by a
			 Kentucky sire until foaling, unless one (1) of the exceptions in Section 5(4)
			 of this administrative regulation is met.
(20) "Qualified winner" means a thoroughbred
			 horse born out of a qualified mare and from a Kentucky sire that is declared
			 the official winner by the stewards and is not eligible to be claimed in that
			 race.
(21) "Qualified winner's
			 earnings" means the gross cash portion of the prize, as this portion is
			 determined by The Jockey Club, awarded to the qualified winner of a race that
			 is paid for from the association or the license holder permitted to conduct
			 racing in the jurisdiction.
(22)
			 "Starter allowance" means a race written to allow claiming horses who have
			 improved from their earlier form to run in a nonclaiming event.