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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsAugust 2013

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3 DE Admin. Code 502
502 Delaware Standardbred Breeders’ Fund Regulations
Pursuant to its authority under 29 Del.C. §4815(b)(3)b.2.D and §10115, the State of Delaware, Department of Agriculture’s Standardbred Breeders’ Fund (herein “the Fund”) proposed to amend its regulations. Proposed amended regulation 1.2 expands eligibility to participate in Fund-sponsored races to foals of Delaware sires regardless of the out of state residence of the owner/ lessee of the foal and also will reduce paperwork. Proposed amended regulation 2.0 defines the terms “Delaware sire” and “stand” more clearly and the penalty for racing out of state before the end of Delaware’s breeding season has been moved to proposed amended regulation 10.2. Proposed amended regulation 10.0 specifies a new heading to conform with the new terminology of proposed amended regulations 1.2 and 2.0. Proposed amended regulation 10.2, in addition to setting forth the one-year disqualification penalty for out-of-state racing before the end of Delaware’s breeding season previously set forth in the definition of “Delaware sire” in Regulation 2.0, also specifies the responsibilities of owners and lessees of Delaware sires.
Notice of a public comment period of thirty (30) days on the Fund’s proposed amended regulations was published in the Delaware Register of Regulations for May 1, 2013 in accordance with 29 Del.C. §10115. This is the Fund’s Decision and Order adopting the proposed amended regulations.
The public was given the required notice of the Fund’s intention to adopt the proposed amended regulations and was given ample opportunity to provide the Fund with comments opposing the Fund’s plan. Thus, the Fund concludes that its consideration of the proposed amended regulations was entirely within its prerogatives and statutory authority and, having received no comments opposed to adoption, is now free to adopt the proposed amended regulations.
AND NOW this 10th day of July, 2013, it is hereby ordered that:
3. The effective date of this Order is ten days from the date of its publication in the Delaware Register of Regulations in accordance with 29 Del.C. §10118(e); and
IT IS SO ORDERED.
1.1 These regulations are authorized pursuant to 29 Del.C. §4815(b)(3)b.2.D, which established in the State of Delaware a Delaware Standardbred Breeder's Program (herein "the Program") for:
1.2 Those hHorses eligible to race under said in Delaware Standardbred Breeder's Fund Program races shall be any include the foal of any registered Delaware stallion sire standing at a Delaware breeding farm. and either owned by a resident of the State of Delaware or owned by a non-resident who holds a lease for a period of the breeding season and will A registered Delaware sire is one that stands the stallion for that full season on a Delaware breeding farm located in Delaware. If a registered Delaware sire is leased, aA copy of any such lease shall be filed with the United States Trotting Association, and the Administrator of the Delaware Standardbred Breeders' Fund Program, and the Delaware Harness Racing Commission.
“Bred” means any form of insemination inside the State of Delaware by a Delaware sire, including insemination using semen transported within the State of Delaware, provided that such semen is not frozen or desiccated in any way or at any time. Bred shall also refer to foals of mares bred outside the State of Delaware by a Delaware sire through interstate semen transportation when such semen is not frozen or desiccated in any way or at any time, provided that owners of mares that produce foals from Delaware sires eligible for this program that are bred through interstate semen transportation shall not be eligible for bonuses paid to owners of mares under the Delaware Standardbred Breeder's Program set forth in Section 4 herein. This qualification shall also apply to the same mare owner (s) and official owner (s) or legal entities of record, of four (4) year olds beginning in 2012.
“Breeder” means the owner of the dam at the time of breeding.
“Breeding Season” is the season during which reproduction occurs and which runs from February 1st to August 1st of the calendar year.
“Delaware-bred Horse” means a Standardbred by a Delaware sire and registered with the Administrator by May15th of the yearling year.
“Delaware Resident” means a person as defined in 3 Del.C. §10032.
Delaware Sire means a Standardbred stallion that regularly stands for a breeding season in Delaware and is registered with the Administrator of the Delaware Standardbred Breeder's Fund Program. A Delaware sire may be: a1) owned by a resident of the State of Delaware and if it standings for the entire breeding season in the State of Delaware; or b2) owned or leased by a resident of a state other than Delaware, but if it standings for the entire breeding season in the State of Delaware, verified by a copy of the lease filed with the Administrator of the Program at the time of registration for the Program, as provided in section 1.1 above; or c) owned jointly by a resident (or residents) and a non-resident (or non-residents) of Delaware and standing the entire breeding season in Delaware with the same lease requirements as in b) above. A Delaware Sire may compete for purses within the State of Delaware at any time. However, a Delaware sire may compete for purses outside the State of Delaware, or enter claiming races within or without the State of Delaware, only after the breeding season in Delaware ends. A violation of this regulation will disqualify the Standardbred stallion from being registered with the Breeders’ Program for the breeding season of the year following the violation.
Owner means any person(s) or legal entity listed on the horse’s registration papers as the official owner at the time of the race.
“Private Treaty” No stallion participating in the Program may be offered for service under private treaty. Each stallion registered in the Program must make public the breeding fee.
“Registrant” is a horse owner, the horse owner’s agent of record or trainer of record, or the lessee of a horse.
Satisfactory Performance Line means the path of the Standardbred on the racetrack as charted by the licensed charter at Dover Downs and/ or Harrington Raceway during which the horse does not break stride for any reason.
Stand” means that a Delaware sire is available for reproductive services.
4.2 Beginning in race year 2012, any four year old horse that was nominated by May 15th of its yearling year or supplemented by March 15th of its two year old year will be eligible to earn a bonus in overnight races conducted by a licensed harness race track in Delaware. A bonus payment of ten percent (10%) of any overnight purse earned shall be paid to the breeder of the eligible four year old and ten percent (10%) of any overnight purse earned shall be paid to the owner(s) or legal entity of record at the time of the race.
10.0 Responsibilities of Owners or Lessees of Standardbred Stallions Delaware Sires
10.2 An The owner or lessee of a stallion Delaware sire that is eligible to register for the Delaware Standardbred Breeders’ Fund Program shall designate a resident of Delaware as the an authorized agent who shall be responsible for the registrations and records of the stallion Delaware sire; and for the records of the breeding farm; and complying with the requirements of the Delaware Standardbred Breeders’ Fund Program. The "Aauthorized Aagent" information name, current phone number and mailing address shall be incorporated into the stallion Delaware sire’s registration form and be filed as such with the Administrator of the Delaware Standardbred Breeders’ Fund Program. A Delaware sire may compete for purses within the State of Delaware at any time. However, a Delaware sire may compete for purses outside the State of Delaware, or enter claiming races inside or outside the State of Delaware, only after the breeding season in the State of Delaware ends. A violation of this regulation will disqualify the Delaware sire from registering for racing in the Delaware Standardbred Breeders’ Fund Program for the racing season of the year following the violation.
14.5 The May 15th nomination payment or the March 15th $350 supplement nomination must be made to be eligible to the four (4) year old bonus program.
15.1 All proceeds received pursuant to 29 Del.C. §4815(b)(3)b.2.D., which established in the State of Delaware a Delaware Standardbred Breeder's Program and any interest earned on these monies shall be invested in an endowment account until race year 2002.
15.2 For race year 2002, five hundred thousand dollars ($500,000) of the proceeds received pursuant to 29 Del.C. §4815(b)(3)b.2.D., which established in the State of Delaware the Program and any interest earned on that money in the preceding twelve (12) months shall be deposited in a separate purse account for purses and bonus for that race year. For race year 2002, one million five hundred thousand dollars ($1,500,000) of the proceeds pursuant to 29 Del.C. §4815(b)(3)b.2.D., which established in the State of Delaware the Program, shall be deposited in the endowment account.
15.3 For race year 2003, two million dollars ($2,000,000) of the proceeds received pursuant to 29 Del.C. §4815(b)(3)b.2.D., which established in the State of Delaware the Program and any interest earned on the endowment fund in the preceding twelve (12) months shall be deposited in a separate purse account for purses and bonus for that race year.
15.4 For the year 2004 and each race year thereafter, three million dollars ($3,000,000) of the proceeds received pursuant to 29 Del.C. §4815(b)(3)b.2.D., which established in the State of Delaware the Program and any interest earned on the endowment fund in the preceding (12) twelve months shall be deposited in a separate purse account for purses and bonuses for that race year.
Last Updated: December 31 1969 19:00:00.
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