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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsOctober 2016

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Regulatory Flexibility Act Form

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3 DE Admin. Code 502
502 Delaware Standardbred Breeders’ Fund Regulations
The State of Delaware, Department of Agriculture's Standardbred Breeders' Fund ("the Fund") hereby gives notice of its intention to adopt an amended regulation pursuant to the General Assembly's delegation of authority to do so found at 29 Del.C. §4815(b)(4)b.2 and in compliance with Delaware's Administrative Procedures Act at 29 Del.C. §10115. The proposed amended regulation under 4.2 and 9.2 removes the four (4) year old bonus program beginning with the foals of 2018 who would be four (4) year olds in 2022. This is a financial move to keep the "Fund" viable in the future.
The Fund solicits, and will consider, timely filed written comments from interested individuals and groups concerning these proposed amended regulations. The deadline for the filing of such written comments will be thirty days (30) after these proposed amended regulations are promulgated in the Delaware Register of Regulations. Any such submissions should be mailed or hand-delivered to Ms. Judy Davis-Wilson, Administrator, Delaware Standardbred Breeders' Fund Program whose address is State of Delaware, Department of Agriculture, 2320 South duPont Highway, Dover, Delaware 19901 by November 1, 2016.
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:
“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: 1) owned by a resident of the State of Delaware if it stands for the entire breeding season in the State of Delaware; or 2) owned or leased by a resident of a state other than Delaware if it stands for the entire breeding season in the State of Delaware.
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 and ending in race year 2021, 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. The four year old bonus is eliminated for all foals on the ground after the 2017 breeding season.
9.2 Administrator of the Program shall compile bonus payments earned by breeders of Delaware Sires and Dams and maintain a separate ledger of them. Starting in race year 2012 and ending in race year 2021, the Administrator of the Program shall compile bonus payments earned by breeders and owners of Delaware Standardbred Breeders’ Fund four year olds in overnight races at each racing meet and maintain a separate ledger for them. Starting in race year 2015 bonus payments will be paid on consolation races. Bonus payments will be paid out at the end of the racing year. The four year old bonus is eliminated for all foals on the ground after the 2017 breeding season.
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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