3769-5-66 Ohio thoroughbred race special account.

(A) A program of breeders' awards is established under section 3769.083 of the Revised Code . In order to register a horse and/or receive a breeders' award for a foal that was registered after December 31, 2008, the breeder must be licensed in accordance with rule 3769-2-24 (C) of the Administrative Code.

(1) The state racing commission may pay from the Ohio thoroughbred race special account to the breeder of a horse meeting the qualifications of division (B) of section 3769.083 of the Revised Code 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 purpose of this rule the breeder shall be considered the owner or lessee of the mare at the time the foal is dropped.

(2) 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 section 3769.083 of the Revised Code at the time the horse placing first, second or third was conceived. The per cent shall be determined in advance by the Ohio state racing commission.

(3) Ohio thoroughbred racing permit holders shall keep records of each race for horses that won first, second, or third places qualifying under section 3769.083 of the Revised Code, and shall submit monthly reports to the Ohio state racing commission on the fifth day of each month, listing all horses qualifying under said section that won first, second, or third places during the previous month. The report shall include the date and number of races, the share of the purse for first, second, and third place finishes, the name of the breeders and the sires of the award winners. The racing commission will then present a voucher to the auditor of state for payment of the breeders' awards and stallion owners awards if applicable.

(B) The owner of any broodmare desiring to breed or board her in the state of Ohio and have the offspring qualify for awards under the Ohio thoroughbred race special account must register the mare with the racing commission. Initial and renewal registration shall be on forms provided by the commission and filed on or before August 15th of the year of conception.

(C) The owner of any stallion desiring to use him for breeding purposes and to have him qualify under this rule, must register said stallion with the Ohio racing commission. Initial and Renewal registration shall be on forms provided by the commission and filed with the commission by the time that he first services a mare that particular year. Said stallion must stand for breeding purposes only in Ohio.

(D) Mares may leave Ohio after foaling to be bred in another state providing they return to Ohio on or before the fifteenth day of August of that year. Owners or authorized agents must notify the Ohio state racing commission in writing of the date of the mare leaving Ohio and the date and location of the mare's return, unless they are disqualified for one or more of the following reasons:

(1) Stallion for which no thoroughbred mares bred to said stallion has been submitted to the Ohio state racing commission for a period of five years.

(2) Broodmare has not had a foal registered with the Ohio state racing commission in the last five years.

(3) Broodmare or stallion has been reported and properly verified as dead by an inspector of the Ohio state racing commission. Any broodmare or stallion that falls into the above categories will have its registration cancelled and destroyed. Any broodmare or stallion registration which has been cancelled for any of the above reasons must be re-registered under the provisions and benefits of the Ohio thoroughbred race special account program on forms provided by the commission.

(E) Any foal born after December 13, 1966, may be registered with the Ohio state racing commission as an "accredited Ohio thoroughbred horse" provided the horse meets all of the qualifications of division (A)(1) of section 3769.083 of the Revised Code, and provided the registration is on forms provided by the commission.

(F) An owner desiring to register any foal as an Ohio-foaled horse shall do so on forms provided by the racing commission. Such registration is not valid unless the dam of the foal was registered as required by the rules of the Ohio state racing commission and produced a foal which is either of the following:

(1) A horse born of a mare which enters this state before foaling and remains continuously in this state until the horse is born.

(2) 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 must remain in Ohio one year continuously after foaling or continuously through foaling to the cover of the Ohio stallion, whichever is sooner.

For purposes of this paragraph, the term "enters" shall mean physical arrival in this state on or before August 15th of the year in which a foal is conceived.

(G) All horses previously registered as Ohio-conceived and foaled will be considered as Ohio-foaled horses effective January 1, 1976, as provided in division (A)(2) of section 3769.083 of the Revised Code. All horses registered as Ohio-conceived and foaled will be considered as Ohio-foaled horses effective January 1, 2014, as provided in paragraph (F) of this rule.

(H) Registration fees and time of registration:

(1) In order for a thoroughbred owner or breeder to be eligible for any of the payments provided for in section 3769.083 of the Revised Code, and as provided in this rule, the subject horse must be registered with the commission and the registration fees shall be as follows:

(a) Broodmare -- initial registration ..................... $ 100.00

Broodmare--annual renewal registration thereafter ........... $ 25.00

(b) Stallion -- initial registration ........................... $ 100.00

Stallion -- annual renewal registration thereafter .............. $ 25.00

(c) Ohio foal-thoroughbred horse -- initial registration .................... $ 25.00

(d) Accredited Ohio foal-thoroughbred horse -- initial registration ............................... $ 25.00

(2) Registrations for Ohio thoroughbred broodmares, Ohio thoroughbred stallions, Ohio-foal thoroughbred horses and accredited Ohio-foal thoroughbred horses shall be on forms provided by the commission and shall be filed in accordance with the time schedule established in this rule.

(I) In the event that a foal is not registered on or before October fifteenth in the year of birth, said foal may nevertheless be registered thereafter by the payment of an additional registration fee as follows:

(1) From October sixteenth to December thirty-first of the year of birth -- seventy-five dollars;

(2) From January first to December thirty-first of the yearling year -- one hundred fifty dollars.

(3) From January first to December thirty-first of the two-year-old -- three hundred dollars. Such registration must be on forms provided by the racing commission and supported by affidavits as required by the commission.

(4) From January first to December thirty-first of the three-year-old and any year thereafter, and provided the horse has never raced in any type of race --twenty-five hundred dollars. Such registration must be on forms provided by the racing commission and supported by affidavits as required by the commission.

(J) Owners of stallions registered with the racing commission shall submit on or before October fifteenth a report of all mares bred during the year in question. Owners of mares registered with the racing commission shall submit a report of all barren mares each year. Said report shall be filed on or before October fifteenth of the year in which the mare was bred.

(K) In the event that a broodmare is not registered prior to the time prescribed in paragraph (B) of this rule, said broodmare may nevertheless be registered thereafter within two years of said broodmare's first foaling in Ohio providing all of the following requirements are met:

(1) An additional registration fee of five hundred dollars shall be paid.

(2) Accompanying registration is a notarized statement of the veterinarian in attendance at foaling or such other persons, as required by the Ohio state racing commission verifying the date of foaling and date of entry into Ohio.

Effective: 03/27/2014
R.C. 119.032 review dates: 01/10/2014 and 03/17/2019
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.083
Prior Effective Dates: 2/14/67, 3/14/68, 3/31/69, 3/16/70, 10/25/71, 2/12/73, 11/15/76, 1/1/85, 12/1/86, 4/1/88, 9/5/94, 2/2/08, 3/5/09