DEPARTMENT OF AGRICULTURE

             FAIRS, EXHIBITIONS AND RACING DIVISION

         REGULATION NO. 808. PAYMENT OF BREEDERS' AWARDS

(By authority conferred on the director of the department of  agriculture  by 
section 20 of 1995 PA 279, MCL 431.320)


R 285.808.1  Definitions.
Rule 1. As used in these rules:
  (a) "Breeder" means a person or persons domiciled in Michigan and owning  a 
mare at the time of breeding.
  (b) "Director" means the director of the Michigan department of agriculture.
  (c) "Domicile" means the fixed, permanent, and principal home  to  which  a 
person intends to return.
  (d) "Fair" means a county, district, community, or 4-H fair, and any  other 
state fair in Michigan which has been approved by  the  director  to  conduct 
harness horse races during the fair.
  (e) "Fairs, exhibitions and racing division" means the  fairs,  exhibitions 
and racing division of the Michigan department of agriculture.
  (f) "Gross  purse"  means  the  total  dollar  amount  raced  for  in  each 
individual heat of racing.
  (g) "Lessee" means a person who is domiciled in Michigan and who  leases  a 
stallion, which has been recorded with the U.S.T.A., register as  the  lessee 
of a horse.  A copy of the lease shall be filed with the  fairs,  exhibitions 
and racing division.
  (h) "Licensed racetrack" means an  association  licensed  by  the  Michigan 
racing commissioner to conduct harness horse races in Michigan.
  (i) "Michigan-bred horse" means the first foal per year, with the exception 
of  twins  carried  to  term  by  the  natural  mother,  which  is   from   a 
Michigan-owned standardbred mare at the time of breeding and which  is  sired 
by a Michigan-owned or leased standardbred stallion, duly registered with the 
fairs, exhibitions and racing division.
  (j) "Owner" means the person or persons domiciled in Michigan and  recorded 
with the U.S.T.A. register.
  (k) "Person" means an individual, partnership, association, or corporation.
  (l) "U.S.T.A." means the United States trotting association.

  History:  1979 AC; 1981 AACS; 2002 AACS; 2004 AACS.


R 285.808.1a   Determination of domicile.
  Rule 1a. Factors  to  be  considered  in  determining   domicile   are   as 
follows:
  (a)  Voting  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.

  History:  1981 AACS; 2002 AACS.


R 285.808.2    Breeders' awards.
  Rule 2. (1) The director shall pay a breeders' award, in  an  amount  not   
to exceed 10% of the gross purse, to the breeder of a Michigan-bred   horse   
each time that horse wins at a fair or licensed racetrack in Michigan.
  (2) Breeders' award are not assignable  and  are  not  inheritable,   and   
the director is under no obligation to pay the awards other than as  provided 
 in these rules.
  (3) Breeders' awards shall only be payable for wins after the  date   the   
mare is properly registered with the fairs and racing division.

  History:  1979 AC; 1981 AACS; 2002 AACS.


R 285.808.2a   Registration.
  Rule 2a. (1) To receive payment of a  breeders'   award,   a   standardbred 
mare shall have been registered by each owner with the   fairs   and   racing 
division before a win.
  (2) Standardbred stallions shall be registered by each  owner   or   lessee 
with the fairs and racing division by January 1 of the year  in  which   that 
stallion will be standing  at  service  in  Michigan   for   eligibility   to 
qualify for  breeders'  awards.  A  copy  of  the   lease   agreement   shall 
accompany the registration for a leased stallion.
  (3) A newly acquired stallion,  which  has  not  been   in   Michigan   for 
breeding purposes before January 1 of a  given  year  and   which   has   not 
serviced a  mare  after  December 31  of  the  preceding   year,   shall   be 
registered with the department of agriculture before servicing  a   mare   if 
the stallion's get is to be eligible for breeders' awards.

  History:  1981 AACS; 2002 AACS.


R 285.808.3    Provision of copies of race programs to director by  racing
  associations; provision of programs  and  race  sheets  to  director  by
  secretary of fair; burden of proof with respect to eligibility.
  Rule 3. (1) Licensed racing associations shall provide  the  director  with 
copies of each day's race program at least once each week.  The   winner   of 
each race shall be checked on the program and shall be  certified  as   being 
the true winner.
  (2) The secretary of the fair shall provide the director  with  copies   of 
each day's race program, together  with  the  harness   horse   race   result 
sheet. (Form FF-18), for the fair's races. The winner of each  race  shall be 
checked on the program and shall be certified as being the true winner.
  (3) If the eligibility of a breeder to  receive  a   breeder's   award   is 
questioned, the burden of proving that the horse is a Michigan-bred  horse or 
is in compliance with these rules rests with the breeder  or  breeders.

  History:  1979 AC; 1981 AACS; 2002 AACS.


R 285.808.4    Rescinded.

  History:  1979 AC; 1981 AACS; 2002 AACS.