811 KAR 1:215. Kentucky Standardbred Development Fund.

811 KAR 1:215. Kentucky Standardbred Development Fund.

RELATES TO: KRS 230.215, 230.260, 230.770, 230.802, 230.990, EO 2008-668

STATUTORY AUTHORITY: KRS 230.215(2), 230.260(3), 230.770(1), (5), (6), EO 2008-668

NECESSITY, FUNCTION, AND CONFORMITY: KRS 230.215(2) and 230.260(3) authorize the Authority to promulgate administrative regulations prescribing the conditions under which horse racing shall be conducted in Kentucky. KRS 230.770(1) establishes the Kentucky standardbred, quarter horse, Appaloosa, and Arabian development fund. KRS 230.770(5) and (6) authorize the Authority to promulgate administrative regulations establishing the eligibility of horses participating in races for which a portion of the purse is provided by the Kentucky Standardbred Development Fund and the conditions, class, and quality of the races. EO 2008-668, effective July 3, 2008, established the Kentucky Horse Racing Commission and transferred all authority, function, and responsibilities of the Kentucky Horse Racing Authority to the Commission. This administrative regulation establishes eligibility standards, administrative practices to enforce the standards, mandatory criteria for races, and the administration of purses and payments in these races.

Section 1. Definitions. (1) "Final" means the race following a series of preliminary legs established to determine the divisional champion of each racing division of the Sires Stakes Program.

(2) "Kentucky Sires Stakes" means the series of races held annually in Kentucky for two (2) and three (3) year-old fillies and colts, both trotting and pacing, sired by standardbred stallions standing within Kentucky at the time of conception and funded by the Kentucky Standardbred Development Fund.

(3) "Kentucky Standardbred Development Fund" means the trust and revolving fund as set out in KRS 230.770.

(4) "KSDF" means the Kentucky Standardbred Development Fund.

Section 2. (1) An owner, lessee, stallion manager, or syndicate manager of a standardbred stallion who desires to use him for breeding purposes and to have him qualify for the Kentucky Standardbred Development Fund shall register the stallion by July 1 of the breeding season with the Kentucky Horse Racing Commission.

(2) A standardbred stallion that has never sired a foal Shall be registered in any breeding season prior to his first breeding.

(3) A stallion shall be registered on the Standardbred Stallion Certificate, KHRA 300-2 (8/06).

(4) A stallion that satisfies the provisions of this section shall be considered a registered stallion for purposes of this administrative regulation.

Section 3. Initial Registration Fees. (1) The following initial registration fees shall be paid:

(a) The sire registration fee for a stallion with an annual book of twenty-five (25) or more mares shall be one (1) full advertised stud fee.

(b) The sire registration fee for a stallion with an annual book of twenty-four (24) mares or less shall be twenty (20) percent of the advertised stud fee or a minimum of $200; and

(c) The registration fee for a stallion standing at Private Treaty shall be the average stud fee charged for all cash breeding agreements for the breeding season.

(2) The annual stallion registration fee shall follow the gait of the stallion.

(3) Stallion fees shall be due on or before October 1 of the year nominated to the KSDF.

(4) If a stallion was nominated to the KSDF, the stallion fee shall be paid on or before the October 1 deadline regardless of whether mares are bred to the nominated stallion.

(5) At the end of a breeding season, the owner or lessee of a stallion standing at Private Treaty shall submit to the Commission a list of mares bred and prices charged.

Section 4. Registration Renewal Fees. (1) The registration of a stallion that remains in the state for more than one (1) breeding season shall be renewed annually.

(2) The "Standardbred Stallion Certification of Eligibility Renewal", (12/06) form shall be filed by July 1 of the breeding season.

(3) The annual renewal fee for registration of stallions to the Kentucky Standardbred Development Fund shall be:

(a) One (1) full advertised stud fee for a stallion with an annual book of twenty-five (25) or more mares; and

(b) Twenty (20) percent of the stud fee or a minimum of $200 for a stallion with an annual book of twenty-four (24) or less mares.

(4) The annual stallion renewal fee shall follow the gait of the stallion.

(5) Stallion fees shall be due on or before October 1 of the year the renewal form is filed.

(6) If a stallion was nominated to the KSDF, the renewal fee shall be paid on or before the October 1 deadline regardless of whether mares were bred to the nominated stallion.

Section 5. An owner, lessee, stallion manager or syndicate manager of a standardbred stallion registered with the Commission shall, by October 1 of each calendar year, submit the stallion registration fee, as set forth in Sections 3 and 4 of this administrative regulation, and a report of each stallion, listing the mares bred by each stallion during the preceding twelve (12) months.

Section 6. (1) In order to qualify for the Kentucky Sires Stakes, a foal shall be the product of the mating of a mare with a Kentucky registered and resident stallion.

(2)(a) Foals, other than the first born to a mare (donor or recipient) in each calendar year produced by any method, including embryo/ovum transplant (ET), shall not be eligible for harness racing in Kentucky.

(b) This rule shall not apply to natural birth twins produced from the same pregnancy and foaling by the natural, nonrecipient mare.

(3) Any future offspring of foals ineligible for racing under this section shall not be eligible for harness racing in Kentucky.

Section 7. (1) If the Commission determines that a registration is incorrect, or an application for registration, renewal of registration, or transfer of a registered stallion contains false or misleading information, or that an owner, lessee, stallion manager, or syndicate manager of a registered stallion fails to furnish information the Commission has requested relating to the registration or renewal of a stallion, the Commission shall:

(a) Temporarily suspend or deny the registration of the stallion; and

(b) Summon the person who committed a violation listed in this subsection, and any person who has knowledge relating to the violation, to appear before the Commission at a hearing pursuant to 811 KAR 1:105.

(2) After the hearing, the Commission shall determine whether the violation was willful.

(a) If the Commission finds the violation was willful, the Commission shall do one (1) or more of the following, based on the degree of seriousness of the willful violation:

1. Officially deny the registration;

2. Officially suspend the registration;

3. Officially revoke the registration; or

4. Bar the owner, lessee, stallion manager, or syndicate manager who willfully committed the violation from further registering stallions to the KSDF.

(b) If the Commission finds the violation was not willful, the Commission shall rescind the temporary suspension or denial of the registration.

(3) If a person summoned by the Commission fails to respond to the summons, the Commission:

(a) Shall suspend or deny the registration of the stallion;

(b) Shall notify the person in writing of the action taken by the Authority; and

(c) May bar the owner, lessee, stallion manager or syndicate manager who committed the violation from further registering stallions to the KSDF Program, based on the degree of seriousness of the violation.

Section 8. An owner, lessee, stallion manager or syndicate manager of a stallion eligible for the Kentucky Standardbred Development Fund shall be responsible for:

(1) The registrations and records of the farm; and

(2) Complying with the requirements of the Kentucky Standardbred Development Fund.

Section 9. (1) An owner, lessee, stallion manager or syndicate manager of a stallion used for breeding purposes to produce horses eligible for racing in Kentucky may only issue one (1) mating certificate required to register the first born foal produced by a mare in each calendar year, except for natural birth twins produced from the same pregnancy and foaling by the natural, nonrecipient mare.

(2) If it has been determined that an owner, lessee, stallion manager or syndicate manager of the stallion has issued a mating certificate for a foal other than the first born to a mare (donor or recipient), all foals produced by the mare (donor or recipient) in the applicable calendar year shall be ineligible for racing in Kentucky.

Section 10. The Standardbred Authorized Agent Form, KHRA 300-3 shall be filed with the stallion registration.

Section 11. Kentucky Sires Stakes races in which any part of the purse is provided by the Kentucky Standardbred Development Fund, the requirements for which are established in Sections 12 through 33 of this administrative regulation, shall be subject to the provisions of 811 KAR Chapter 1.

Section 12. A participant in the Kentucky Sires Stakes race shall:

(1) Be the product of the mating of a mare with a Kentucky registered and resident stallion; and

(2) Maintain eligibility for the Kentucky Standardbred Development Fund.

Section 13. Each race shall be a one (1) mile dash.

Section 14. Post positions for the final and all preliminary legs shall be an open draw with two (2) "also eligibles" drawn for the final race.

Section 15. Eligibility for the Final. (1) A horse that does not start in at least one (1) of the preliminary legs scheduled shall not be eligible for the final.

(2) A horse that enters a preliminary leg that does not fill and is not raced shall receive credit toward fulfilling the minimum starting requirements set forth in subsection (1) of this section and toward determining tiebreaker status as set forth in subsection (5)(b) of this section.

(3) A horse that has been scratched from an event that is raced shall not receive credit toward meeting the starting requirements set forth in subsection (1) of this section.

(4) A horse, in order to start in the final, shall be declared at the host track where the race is being held on or before the time posted on the track condition sheet.

(5)(a) If the number of horses eligible and declared into any final event exceeds the maximum number specified by the Kentucky Standardbred Development Fund or the number of positions on the starting gate, the following point system as applied to KSDF preliminary legs shall determine preference for the final:

1. 1st place - fifty (50) points;

2. 2nd place - twenty-five (25) points;

3. 3rd place - twelve (12) points;

4. 4th place - eight (8) points;

5. 5th place - five (5) points;

6. 6th place and all other starters - one (1) point; and

7. A horse finishing in a dead heat for any position in a preliminary leg shall be awarded an equal share of the total number of points awarded for that position.

(b) If there is a tie among horses after the awarding of points pursuant to subsection (5) of this section, there shall be a drawing by lot among those horses tied in total points to determine which horses shall be included in the final field.

(c) If a horse that is qualified for the final is not declared, the horse with the next highest point total, pursuant to subsection (5) of this section, that is declared shall be eligible for the final.

(6) Also eligibles.

(a) The two (2) horses accumulating the highest point total, pursuant to subsection (5) of this section, that are declared into the final, but do not qualify for the final, shall be designated "also eligible". The horse with the highest point total from the preliminary legs shall be designated as the "first also eligible" and the horse with the next highest point total shall be designated as the "second also eligible".

(b) A horse that is scratched in the final shall be replaced by the "first also eligible" and then the "second also eligible", if necessary.

1. If post positions have not been drawn at the time of the scratch, the "also eligible" shall take the place of the horse that has been scratched and shall participate in the normal draw.

2. If post positions have been drawn at the time of the scratch, the "also eligible" shall assume the post position of the horse that has been scratched.

3. A horse shall not be moved into the final as a replacement after the official scratch time deadline that is in effect at the host track.

Section 16. The judges’ "official order of finish" shall be used in determining eligibility to the final exclusive of all appeals yet to be decided at the time of closing of the entry box for final events.

Section 17. All starters shall be subject to the detention policy of the racetrack.

Section 18. (1) There shall not be more than:

(a) Ten (10) starters in each final race on a mile track; and

(b) Eight (8) horses on a one-half (1/2) or five-eighths (5/8) mile track.

(2) All horses shall be on the gate for the final race.

Section 19. (1) For each horse declared to race in a preliminary leg, there shall be a declaration fee of $500. If a preliminary leg splits into two or more divisions, the declaration fee shall be $500 per division. For each horse declared to race in the final, there shall be a declaration fee of one (1) percent of the total purse.

(2) The declaration fee shall be due to the racing association at the time of declaration and payable one (1) hour prior to post time of the race.

(3) Purses for the Kentucky Standardbred Development Fund shall consist of money from:

(a) Nominating fees;

(b) Sustaining fees;

(d) Declaration fees; and

(e) Added money from the Commonwealth of Kentucky.

(4)(a) Distribution of revenue for Kentucky Sires Stakes races shall be reviewed and addressed annually, not later than December 15 of each calendar year, by an advisory panel consisting of at least one (1) representative from each of the following:

1. The Kentucky Horse Racing Commission;

2. The Kentucky Harness Horseman’s Association;

3. The host racetrack;

4. The Kentucky Standardbred Breeders Association and any other recognized standardbred breeding association organized in Kentucky; and

5. The owner of a stallion registered to the Kentucky Standardbred Development Fund.

(b) The final determination regarding distribution of revenue shall be made by the Kentucky Horse Racing Commission.

Section 20. (1) The total number of horses entered shall determine the number of divisions of the preliminary legs that shall be required.

(2) Preliminary legs shall be split into divisions as follows:

(a) One (1) mile track:

1. Twelve (12) horses or less entered - one (1) division race.

2. Thirteen (13) to twenty (20) horses entered - two (2) divisions.

3. Twenty-one (21) to thirty (30) horses entered - three (3) divisions.

4. Thirty-one (31) to forty (40) horses entered - four (4) divisions.

5. Forty-one (41) to fifty (50) horses entered - five (5) divisions.

6. Fifty-one (51) to sixty (60) horses entered - six (6) divisions.

7. If the need exists for seven (7) or more divisions eliminations, eligibility to the final shall be determined in a manner consistent with the published conditions.

(b) One-half (1/2) and five-eighths (5/8) mile track:

1. Nine (9) to ten (10) horses entered - one (1) division.

2. Eleven (11) to sixteen (16) horses entered - two (2) divisions.

3. Seventeen (17) to twenty-four (24) horses entered - three (3) divisions.

4. Twenty-five (25) to thirty-two (32) horses entered - four (4) divisions.

5. Thirty-three (33) to forty (40) horses entered - five (5) divisions.

6. Forty-one (41) to forty-eight (48) horses entered - six (6) divisions.

7. If the need exists for seven (7) or more divisions, eligibility to the final shall be determined in a manner consistent with the published conditions.

Section 21. (1) Gait shall be specified by the owner of the horse, by the first two (2) year old payment.

(2) Change of gait:

(a) May be made at the time of declaration at the track; and

(b) Sustaining payments shall remain in the funds of the original gait specified.

(3) A horse shall not race on both gaits in the same year.

Section 22. A race shall be raced in separate divisions as follows:

(1) Colt/gelding/ridgeling divisions; and

(2) Filly divisions.

Section 23. (1) The purses awarded for all races shall be distributed on the following percentage basis:

(a) 50-25-12-8-5: five (5) starters or more;

(b) 50-25-15-10: four (4) starters;

(d) 65-35; two (2) starters; and

(e) 100: one (1) starter.

(2) The percentage basis established by subsection (1) of this section shall apply at each of the Kentucky pari-mutuel tracks.

Section 24. (1) If circumstances prevent the racing of an event, and the race is not drawn, all funds that have been allocated to the division in each of the preliminary legs or the final shall be refunded and pro-rated to the owners of the horses eligible at the time of cancellation.

(2) The eligible horses shall include only horses that made the payments required by Section 30 of this administrative regulation.

(3) The added monies provided by the Commonwealth of Kentucky for use in the Kentucky Standardbred Development Fund shall be disbursed by December 15 of each calendar year in accordance with the formula created by the panel as set out in Section 19(4) of this administrative regulation.

Section 25. Starters shall declare in at each track on or before the time specified and advertised by the association conducting the event.

Section 26. (1) Any horse declared into Kentucky Sires Stakes races shall:

(a) Show at least one (1) charted race line with no breaks within thirty (30) days prior to the day of the race; and

(b) Have satisfied the following time requirements:

1. On a track larger than five-eighths (5/8) of a mile:

a. A two (2) year old trotter shall have been timed in 2:08 or faster;

b A two (2) year old pacer shall have been timed in 2:06 or faster;

c A three (3) year old trotter shall have been timed in 2:04 or faster; and

d A three (3) year old pacer shall have been timed in 2:02 or faster.

2. On a five-eighths (5/8) mile track:

a. A two (2) year-old trotter shall have been timed in 2:09 or faster;

b. A two (2) year-old pacer shall have been timed in 2:07 or faster;

c. A three (3) year-old trotter shall have been timed in 2:05 or faster; and

d. A three (3) year-old pacer shall have been timed in 2:03 or faster.

3. On a one-half (1/2) mile track:

a. A two (2) year-old trotter shall have been timed in 2:10 or faster;

b. A two (2) year-old pacer shall have been timed in 2:08 or faster;

c. A three (3) year-old trotter shall have been timed in 2:06 or faster; and

d. A three (3) year-old pacer shall have been timed in 2:04 or faster.

(2) A horse shall be scratched from a race if the person declaring the horse has failed to advise the race secretary of a start that is not reflected on the electronic eligibilities.

(3) The requirements of this section shall apply both to wagering and nonwagering races.

Section 27. (1) At a scheduled meeting of the Commission, the Commission:

(a) Shall establish the distribution of funds for stakes races for the upcoming year; and

(b) Shall authorize expenditures at a time it designates.

(2) The racing dates for KSDF stakes shall be issued after the track has established its race dates.

Section 28. The Kentucky Standardbred Development Fund shall provide a trophy for each event which will be paid out of KSDF funds.

Section 29. (1) After payment of the nomination fee, foals shall remain eligible for events each year by making the required sustaining and declaration payments for that year. The Kentucky Sire Stakes Nomination Form, KHRA 300-1 shall be filed with the Commission along with the nomination and sustaining fees.

(2) The two (2) year old March 15 payment shall be made in order to remain eligible to the KSDF as a three (3) year old.

Section 30. Nomination and sustaining payments shall be made to the Kentucky Standardbred Development Fund in U.S. funds.

Section 31. (1) Yearlings shall be nominated by May 15 of their yearling year, except as provided in subsection (4) of this section.

(2) The nomination fee shall be forty (40) dollars per yearling.

(3) A nomination shall be accompanied by a photocopy of the United States Trotting Association or Standardbred Canada registration certificate.

(4) If a horse is not nominated during its yearling year, the horse may be nominated prior to March 15 of its two (2) year old year if:

(a) A supplemental payment of $500 is made by March 15 of the two (2) year old year; and

(b) The two (2) year old payment due by March 15, as provided in subsection (5)(a) of this section, is also made.

(5) Sustaining payments shall be as follows:

(a) TWO (2) YEAR OLD PAYMENTS
March 15	$300
April 15	$300
May 15	$300
March 15 payment shall be mandatory to make entry eligible as a three (3) year old.

(b) THREE (3) YEAR OLD PAYMENTS
February 15	$300
March 15	$300
April 15	$300

Section 32. The Commission, during any given year, may provide for separate early closing events for both two (2) and three (3) year old standardbreds that are Kentucky sired.

Section 33. Incorporation by Reference. (1) The following material is incorporated by reference:

(a) "Kentucky Sire Stakes Nomination Form KHRA 300-1", (8/06);

(b) "Standardbred Stallion Certificate, KHRA 300-2", (8/06);

(d) "Standardbred Stallion Certification of Eligibility Renewal 300-4", (12/06).

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Horse Racing Commission, 4063 Iron Works Pike, Building B, Lexington Kentucky 40511, Monday through Friday, 8 a.m. to 4:30 p.m. This material is also available on the KHRA Web site at www.khrs.ky.gov. (11 Ky.R. 1233; eff. 3-12-85; Am. 12 Ky.R. 1767; eff. 6-10-86; 14 Ky.R. 630; eff. 11-6-87; 15 Ky.R. 1571; 1-13-89; 19 Ky.R. 293; 728; eff. 9-1-92; 23 Ky.R. 3116; 3774; eff. 5-19-97; 24 Ky.R. 2456; eff. 10-12-98; 28 Ky.R. 485; 885; eff. 10-12-2001; 2265; 2583; eff. 6-14-2002; 29 Ky.R. 2371; 2700; eff. 5-15-03; 31 Ky.R. 2031; 32 Ky.R. 505; eff. 10-7-05; 33 Ky.R. 984; 1814; eff. 2-2-07; 35 Ky.R. 2165; eff. 6-5-09.)