PURPOSE: This rule sets forth rules for administration and qualifications of breeding funds for standardbred horses.

1. (1) The Missouri Standardbred Breeders Fund is created, referred to in these rules as the fund. The fund shall be administered by the commission, with the assistance and advice of the Missouri Standardbred Breeders Fund Advisory Committee, referred to in these rules as the committee.

   1. (A) All payments from the fund shall be made by order of the commission.
   2. (B) Each association licensed by the commission to conduct standardbred racing shall allocate the amounts specified by the rules of the commission and statute to the fund, which shall be deposited by the commission in one (1) or more banks or trust companies in the state. The members of the commission shall have no personal liability for loss to the fund by reason of the failure or insolvency or other fault of any depository if they use ordinary care in the selection of the depository. The deposits shall be secured by collateral.
   3. (C) Any monies allocated under subsection (1)(B) not disbursed during a current race meeting in Missouri shall be paid to the commission within five (5) days after the close of each meeting.
   4. (D) Standardbred registration fees shall also be deposited in the fund.
   5. (E) The committee shall consist of five (5) members—two (2) from the organization that represents the majority of the state’s standardbred breeders, one (1) member from the licensed associations, one (1) member at large appointed by the commission and one

2. (1) member of the commission who shall be the chairman of the committee.

   1. 1. Members shall be appointed by June

1 of each year. If any member other than the commission member has not been recommended by June 1 of each year, the commission shall make the appointment for the organization failing to do so by this deadline.

1. 2. Members shall receive no compensa-

tion for services.

1. (F) The commission and the committee shall expend funds only—

   1. 1. To provide administration expenses of

the fund up to ten percent (10%) of annual fund income;

1. 2. To provide purse supplements to own-

ers of horses participating in races limited to Missouri-foaled horses;

1. 3. To provide stakes and rewards in

races designated as stakes for owners of winning horses in races limited to Missourifoaled or Missouri-owned horses;

1. 4. To provide stallion awards to the

owner of the Missouri stallion which is the sire of a Missouri-foaled horse which wins any race at a state racing meeting; or

1. 5. To provide for promotions of the

fund.

1. (G) Any purse monies authorized in this rule and paid in any fund race shall not be included in or have any relation to the purses, stakes or breeders’ bonuses paid by any licensed association for any races other than fund races, for which purses, stakes or breeders’ bonuses are determined by agreement or formula between each association and an organization representing the horsemen racing.
2. (H) Associations may add to any purse offered by the commission in any fund race.

3. (I) After May 31, 1987 each association conducting standardbred racing shall provide at least one (1) race each racing day or at least five (5) per week limited to Missourifoaled horses. The races shall be known as Missouri Standardbred Breeders Fund Races. No horses shall be permitted to start in these races unless duly registered under the rules of the commission—

   1. 1. Conditions of these races shall be

commensurate with past performance, quality and class of Missouri-foaled horses available;

1. 2. Conditions of the races shall be deter-

mined by the association and shall be approved by the commission upon recommendation of the committee; and

1. 3. If any fund race fails to attract at least

five (5) entries, the association or the commission shall cancel the race and no fund purses shall be paid. In the event the commission cancels a race, it shall notify the association in time to permit a substitute race to be scheduled.

1. (J) The breeder or owner of a Missouribred foal, mare or stallion shall register the horse with the commission on forms provided by the commission.

2. (K) The application for registration as a Missouri stallion shall provide—

   1. 1. Name of stallion;
   2. 2. Name and address of owner;
   3. 3. Place where the stallion stood for ser-

vice during the previous year;

1. 4. Place where the stallion will stand for

service in Missouri; 12 CSR 50-15

1. 5. Statement that the stallion is owned or

leased by a bona fide resident of Missouri and that the stallion will not stand for service any place outside the state before August 1 of the year in which the foal is conceived;

1. 6. Details of ownership, such as bill of

sale, lease or other documents providing proof of ownership, showing any agreements concerning breeding rights, repurchase agreements and any other relevant information requested by the commission;

1. 7. An official certificate of registration

from the United States Trotting Association (U.S.T.A.), which will be returned to the applicant; and

1. 8. A fee of one hundred dollars ($100)

shall accompany each application.

1. (L) To qualify for registration as a Missouri stallion—

   1. 1. The owner must be a bona fide resi-

dent;

1. 2. The stallion must reside in Missouri

from January 1 through July 31 of the year of registration; or

1. 3. The horse shall be going to stud for

its first season.

1. (M) Upon receipt of appropriate applications and having ascertained that a stallion is qualified to be registered and/or eligible as a Missouri stallion, the commission shall issue a registration certificate.

   1. 1. The certificate shall be available for

inspection at the premises where the stallion stands.

1. 2. This certificate shall be valid as long

as all stallion residency and notification procedures as described in this rule are met, but shall be renewed annually.

1. 3. In the event of sale or transfer of a

registered stallion, same shall be entered on the back of the certificate and the endorsed certificate sent to the commission. If the new ownership is qualified to register the stallion as a Missouri stallion, a new application shall be submitted containing the same information as required in an original application, accompanied by a bill of sale and the annual fee.

1. 4. If the registered stallion leaves the

state before August 1 of the registration year, the certificate shall be invalidated. Notice of the departure shall be made to the commission. If the owner subsequently wishes to return the stallion to service in Missouri, the original application procedure shall be required.

1. 5. Any change in location of the stallion

within Missouri shall be reported to the commission.

1. 6. Any change in location of the stallion

out-of-state for nonbreeding purposes shall be reported to the commission.

1. (N) Every person offering or standing a Missouri-registered stallion for service shall maintain a complete breeding record of the stallion and all mares bred to the stallion. The records shall be available to the commission and shall provide—

   1. 1. Name of mare;
   2. 2. Dam and sire of mare;
   3. 3. Name and address of owner of mare;
   4. 4. First and last dates on which the stal-

lion was bred to the mare;

1. 5. Place where the stallion was standing

at the time of the breeding of the mare;

1. 6. The name of the person in charge of

the stallion at time of service; and

1. 7. Any other relevant information

requested by the commission.

1. (O) A report entitled Record of Mares Bred shall be filed with the commission by September 1 of each year on forms provided by the commission.

2. (P) To be considered a Missouri-foaled horse, each horse shall either be—

   1. 1. A standardbred horse foaled in

Missouri prior to January 1, 1987, registered by the U.S.T.A. as Missouri foaled; or

1. 2. A standardbred horse foaled in

Missouri after January 1, 1987 to a broodmare either—

1. A. Resident for thirty (30) days in

Missouri until the foal is inspected, if in foal to a registered Missouri stallion;

1. B. Resident for thirty (30) days in

Missouri until the foal is inspected, if bred to a registered Missouri stallion; or

1. C. Continuous resident from Decem-

ber 31 until the foal is inspected, if bred by other than a Missouri-registered stallion and which is not bred back to a Missouri stallion.

1. (Q) An application for registration as Missouri-foaled horse shall be filed with the commission providing—

   1. 1. Name of broodmare;
   2. 2. Name of sire;
   3. 3. Date of foaling;
   4. 4. Color, sex and markings; and
   5. 5. U.S.T.A. registration certificate.
2. (R) Having met the commission’s requirements for eligibility as Missouri-foaled, the commission shall affix its’ seal on the face of the U.S.T.A., including the commission’s registration number for the horse. This certificate shall constitute the official registration certificate for the fund program. If the U.S.T.A. certificate is lost or destroyed, the duplicate U.S.T.A. certificate shall be recertified by the commission.

3. (S) For mares to be eligible for the fund program and for their foals to be eligible for Missouri-foaled races, the owner of the mare shall provide a mare status report to the commission by December 1 of the year bred which shall include:

   1. A. The place where the mare will

foal;

1. B. The name of the person responsi-

ble for the mare at the time of foaling; and

1. C. If the mare is to be bred back to a

Missouri-registered stallion or to a stallion standing at service outside the state.

1. (T) Missouri-owned standardbred horses shall be owned by a resident of Missouri who has resided in Missouri for nine (9) months prior to race date. The horse must be so owned for sixty (60) days prior to race date, excepting as provided in commission rules concerning claiming.
2. (U) Each association licensed to conduct standardbred racing shall conduct two (2) Missouri-owned races each week.
3. (V) The commission shall have access to premises on which qualified mares, foals and stallions are kept.

4. (W) Fees for registration under the Missouri Standardbred Fund shall be—

   1. 1. Stallion (Eligibility Certificate) $100.00/year;
   2. 2. Broodmare $35.00/year;
   3. 3. Foal $15.00;
   4. 4. Yearlings $15.00;
   5. 5. 2-year olds $40.00;

and

1. 6. 3-year olds and older $75.00.

2. (X) Each association licensed to conduct standardbred racing shall provide for the running of the following Missouri-bred races (stake) at a distance of one (1) mile during each year—

   1. 1. 2-year old filly pace;
   2. 2. 2-year old colt pace;
   3. 3. 3-year old filly trot;
   4. 4. 2-year old colt trot;
   5. 5. 3-year old colt pace;
   6. 6. 3-year old filly pace;
   7. 7. 3-year old filly trot; and
   8. 8. 3-year old colt trot.

3. (Y) Fees for nominating and sustaining shall be—

   1. 1. Nominating fee due March 15 $25.00;
   2. 2. Sustaining fee due April 15 $35.00; and
   3. 3. Starting fee due two (2) days prior to race date $50.00.

AUTHORITY: sections 313.540 and 313.710, RSMo 1986.* Original rule filed Jan. 9, 1987, effective June 11, 1987. *Original authority: 313.540, RSMo 1986; 313.710, RSMo 1986.