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ORR # 2002-046 DEPARTMENT OF AGRICULTURE
FAIRS, EXHIBITIONS AND RACING DIVISION
REGULATION NO. 823. AMERICAN PAINT HORSE BREEDERS’ AWARDS AND STATE SUPPLEMENTS
Filed with the Secretary of State on
These rules take effect 7 days after filing with the Secretary of State
(By authority conferred on the director of the department of agriculture by section 20 of 1995 PA 279, MCL 431.320)
R 285.823.1 Definitions.
Rule 1. As used in these rules:
(a) "Breeder" means an individual, partnership, association, or corporation that owns a mare at the time of foaling. The lessee of a mare, which is registered with the American paint horse association, incorporated, at the time of foaling is deemed the owner of the mare.
(b) "Conditions" means a specification of the terms under which a race is conducted.
(c) "Department" means the Michigan department of agriculture.
(d) "Director" means the director of the department or his or her designee.
(e) "Earned track purse" means the portion of a purse offered by an American paint racing association or certified horsemen's group that is awarded for the order of finish up to 3 placings, but does not include a state supplement or any other awarded funds.
(f) "First time breeder" is an individual, partnership, or corporation that has never registered as a breeder with the department. Any partnership, or corporation of which any part of the ownership has registered as a breeder with the department is not eligible as a first time breeder.
(g) "Foaling year" means the calendar year in which the mare foaled.
(h) "Gross purse" means the track purse plus the state supplement.
(i) "Licensed paint horse racing association" means associations licensed by the Michigan racing commissioner to conduct paint horse races in Michigan.
(j) "Michigan-bred paint horse or paint breed stock" means a horse which is from a mare owned by a person who is domiciled in Michigan at the time of breeding and sired by a registered stallion which is owned exclusively by a person who is domiciled in Michigan and which did not serve a mare at a location outside of Michigan during the calendar year in which the service occurred. Each mare and stallion shall be registered with the director of the department.
(k) "Owner" means the person individual, partnership, association, or corporation listed on the American paint horse association registry as the most current owner of the horse.
(l) "Licensed paint horse racing association of Michigan" means a nonprofit corporation, or an affiliation committee or subcommittee consisting of persons organized for the purpose of improving paint horse racing and breeding.
(m) "State supplement" means money allocated by the director from the state fund for a race conducted exclusively for Michigan-bred horses.
(n) "Track purse" means the money offered by a licensed paint horse racing association for 1 race, not including a state supplement.
R 285.823.2 Determination of domicile.
Rule 2. All of the following factors shall be considered in determining domicile:
(a) Voter registration or alien registration showing a Michigan address.
(b) Federal income tax return showing a Michigan address.
(c) State income tax return showing a Michigan address.
R 285.823.3 Eligibility of foals for breeders' awards, owners' awards and state supplements.
Rule 3. (1) To be eligible for breeders' awards, owners' awards and state supplements, an owner shall comply with all of the following provisions:
(a) A mare shall be registered with the director by February fifteenth of the foaling year.
(b) A foal shall be from a mare which was registered with the director and which was in Michigan on or before February fifteenth of the foaling year. The mare shall remain in this state until foaling and for not less than 7 months of the foaling year.
(c) The American paint horse association, incorporated, certificate of foal registration shall state "foaled in Michigan, USA."
(d) Within 15 days of the departure of a registered mare, an owner shall give the director written notice of the mare's departure from Michigan. In addition, an owner shall give the director written notice of the mare's return to Michigan within 15 days of the date of return.
(e) A department Michigan-bred embossed seal of eligibility shall accompany the American paint horse association certificate at the time of entry in a race. The certification shall be issued not less than 7 business days before post time.
(2) If a breeder or owner has compiled with all other rules, then the director may waive the date requirement of subrule (1)(a) and (d) of this rule for the first time a breeder or owner registers with the department.
(3) A Michigan-bred certification of American paint hose association foal eligibility shall be issued by the director for a Michigan-bred horse.
R 285.823.4 Eligibility of races for state supplements.
Rule 4. (1) State supplements shall be allocated for all of the following races:
(a) Michigan-bred paint horse overnight races.
(b) The Michigan futurities.
(c) Michigan-bred 2-year-old championships, handicaps, and stakes.
(d) Michigan-bred 3-year-old handicaps and stakes.
(e) Michigan-bred 4-year-old and older handicaps and stakes.
(2) State supplements shall be paid first for races specified under subrule (1)(b) to (e) of this rule. If funds are not available to provide state supplements for all races approved by the director under subrule (1)(a) of this rule, then the director shall prorate available money at his or her discretion among the races so run, based on the number of horse entries, conditions, and value of total purse.
(3) Not less than 2 races of Michigan-bred horses shall be scheduled on each full paint horse program, with at least 1 race of Michigan-bred horses on any split program.
(4) An association licensed to conduct paint horse racing in Michigan shall not offer a smaller track purse, excluding the state supplement, for a race of Michigan-bred horses, than it offers for a race of non-Michigan- bred horses which, in the judgment of the director, is a comparable race.
(5) If the programmed race of Michigan-bred horses does not draw sufficient entries to run, the licensed paint horse racing association may substitute a race approved by the director.
R 285.823.5 Conditions and purses for races; allocation of state supplements.
Rule 5. (1) The racing association of the track where races of Michigan-bred horses are to be conducted shall propose conditions and purses for the races of Michigan-bred horses. The conditions of all races of Michigan- bred horses are subject to the review of horse eligibility as described in these rules and available funding based for approval of the director. These conditions shall be submitted to the director not less than 14 calendar days before the first race is conducted for each race program.
(2) The allocation of state supplements shall be determined by the director, a representative of the licensed paint horse racing associations, a representative of the paint horse racing association of Michigan, and a representative of the licensed track.
(3) The director shall announce, not later than 4 calendar days before the start of the race meet, his or her allocation of state supplements to purses for each of the approved races of Michigan-bred horses in the race program. If proposed conditions for those races are not submitted to the director, along with a substitute race list, within the time fixed by subrule (1) of this rule, the director may determine conditions and allocate state supplements for those races at his or her discretion based on horse eligibility, number of horse entries, and available funding to enhance and promote paint horse racing. State supplements shall not be allocated later than 96 hours before the first race scheduled in each condition book. A state supplement shall not be allocated to a race of Michigan-bred horses after the race has been run.
R 285.823.6 Payment of breeders' awards.
Rule 6. (1) The director shall pay a breeders' award, in an amount specified by law, to the breeder of a Michigan-bred horse each time the horse wins at a licensed track in this state. If more than 1 winner is declared, each breeder is entitled to a full breeder award. A breeders' award shall not be paid for races won after the date of death of a breeder.
(2) Rights to breeders' awards are not assignable and are not inheritable. The director is not obligated to pay a breeders' award in excess of available funds or other than as provided in these rules.
R 285.823.7 Payment of breeders' awards, owners' awards, and state supplements.
Rule 7. (1) The racing commissioner shall certify to the director at the completion of racing, in each condition book, the results of all races in which a Michigan-bred horse and their breeders finished first, second, or third in a race that was not restricted to Michigan-bred horses.
(2) If the eligibility of a breeder or owner to receive a breeders' award or owners' award is questioned, the burden of proof that a horse was Michigan-bred or in compliance with these rules is on the breeder and owner.
(3) Payment of breeders' awards and owners' awards shall be processed at least twice each year, after June 30 and December 31.
R 285.823.8 Owners' awards.
Rule 8. An award of up to 30% of the earned track purse shall be paid to the purse account of the owner of a Michigan-bred horse that finishes first, second, or third in an eligible race that was not restricted to Michigan- bred or sired horses at a state-licensed pari-mutuel track in Michigan.
(2) The director, with advice from the certified American paint horsemen's organization and the American paint breeders and owners association, shall determine the allocation of owner's award percentages.
(3) A single owners' award is limited to not more than $10,000.00.
R285.823.9 Payment of owners' awards.
Rule 9. (1) The racing commissioner shall certify to the director, at the completion of racing, in each condition book, the names of the owners of all Michigan-bred horses that finished first, second, or third in a race that was not restricted to Michigan-bred or sired horses.
(2) If the eligibility of an owner to receive an owners' award is questioned, the burden of proof that a horse was Michigan-bred or is in compliance with these rules is on the owner.
R 285.823.10 Certification of racing results; burden of proof; processing payment.
Rule 10. (1) In each condition book, the racing commissioner shall certify to the director at the completion of racing, the results of all races in which a Michigan-bred horse placed first, second, or third, along with the names of the owner and breeder of the horse.
(2) The secretary of a fair shall provide the director with a copy of each day's race program for the fair's races within 15 days, showing the first 4 places or a complete film strip of each race, with placing checked on the program and certified by the race secretary.
(3) When the eligibility of a breeder to receive a breeders' award is questioned, the burden of proving that a horse is a Michigan-bred horse or is in compliance with these rules is on the breeder.
(4) State supplements may be processed for payment to the owners of winning horses once each month.
(5) Payment of breeders' awards shall be processed not less than once each month.
R 285.823.11 Ineligibility for future breeders' awards and state supplements.
Rule 11. A person or entity willfully accepting and retaining a breeders' award or state supplement contrary to these rules is ineligible for a future breeders' award or state supplements in this state.
