230.400 Kentucky Thoroughbred development fund -- Contributions -- Purposes --
1,395 words·~6 min read·
/ky/230-400A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Distribution -- Advisory committee -- Supplemental purses for Kentucky-bred
horses -- Official registrar -- Administrative regulations.
(a)There is hereby created a corporate account for the Kentucky Horse Racing
and Gaming Corporation, designated as the Kentucky Thoroughbred
development fund, consisting of moneys allocated to the fund under the
provisions of KRS 138.510, together with other moneys contributed to or
allocated to the fund from all other sources.
(b)Moneys to the credit of the Kentucky Thoroughbred development fund shall
be transferred in the following order:
1. One hundred thousand dollars ($100,000) each fiscal year to the
Kentucky problem gambling assistance account established in KRS
230.826; and
2. Remaining moneys to the Kentucky Horse Racing and Gaming
Corporation to be divided as follows:
a. At least ninety percent (90%) shall be allocated within Kentucky
as set forth in this section; and
b. Up to ten percent (10%) for administration and operation of the
corporation.
(c)Moneys from the Kentucky Thoroughbred development fund shall be
allocated to each licensed association in an amount equal to at least ninety
percent (90%) of the amount the association contributed to the fund.
(d)Moneys 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.
(2)There is hereby established, under the general jurisdiction of the Kentucky Horse
Racing and Gaming Corporation, 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 and Gaming Corporation 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
member of the Kentucky Horse Racing and Gaming Corporation. If any member
other than the corporation member has not been recommended for appointment by
July 1 of each year, the chairman of the Kentucky Horse Racing and Gaming
Corporation 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 Advisory Committee shall
advise and assist the Kentucky Horse Racing and Gaming Corporation in the
development of the supplemental purse program provided herein for
Kentucky-bred Thoroughbreds, shall make recommendations to the
corporation 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 other matters necessary in connection with the carrying
out of the intent and purposes of this section.
(b)The Kentucky Horse Racing and Gaming Corporation shall employ qualified
personnel as may be required to assist the corporation and the advisory
committee in carrying out the provisions of this section. These persons shall
serve at the pleasure of the corporation and compensation for these personnel
shall be fixed by the corporation.
(4)The Kentucky Horse Racing and Gaming Corporation, 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 claiming races contested at
licensed Thoroughbred race meetings in Kentucky. The Kentucky Horse Racing
and Gaming Corporation may, 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.
(d)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 shall 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 and Gaming Corporation. 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
corporation, 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 registrar, within thirty
(30)days of such failure or refusal of the registrar, a petition seeking
registration of the Thoroughbred. The corporation 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 registrar.
(7)The Kentucky Horse Racing and Gaming Corporation may promulgate
administrative regulations to carry out the provisions and purposes of this section,
including the promulgation of administrative regulations and forms 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.