DEPARTMENT OF AGRICULTURE

                FINANCIAL PROGRAMS REGULATION SECTION

          REGULATION NO. 810. THOROUGHBRED BREEDERS= AWARDS,

              OWNERS= AWARDS, AND STATE SUPPLEMENTS

(By authority conferred on the director of the department of  agriculture  by 
section 7 of Act No. 279 of the Public Acts of 1995, as amended, and  section 
13 of Act No. 327 of the Public Acts of 1980,  as  amended,  being  ''16.109, 
16.278, and 431.307 of the Michigan Compiled Laws)


R 285.810.1    Definitions.
  Rule 1. As used in these rules:
  (a) ABreeder@ 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 jockey club, incorporated, at the  time  of  foaling,  is 
deemed the owner of the mare.
  (b) AConditions@ means the specification of terms under  which  a  race  is 
conducted.
  (c) ADepartment@ means the Michigan department of agriculture.
  (d) ADirector@ means the director of the department or his or her designee.
  (e) AEarned track purse@  means  the  portion  of  a  purse  offered  by  a 
thoroughbred racing association 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) AFoaling year@ means the calendar year in which the mare foaled.
  (g) AMichigan-bred horse@ means a horse that meets the  requirements  of  R 
285.810.2.
  (h) AOwner@ means an individual, partnership, association,  or  corporation 
which owns a Michigan-bred horse and which is licensed under  section  16  of 
Act No. 279 of the Public Acts  of  1995,  being  '431.316  of  the  Michigan 
compiled laws.
  (i) AState supplement@ means money allocated by  the  director  from  state 
funds for an approved race conducted exclusively for Michigan-bred horses.
  (j) AThoroughbred racing association@ means an association licensed by  the 
Michigan racing commissioner to conduct thoroughbred horse races in Michigan.
  (k) ATrack  purse@  means  the  money  offered  by  a  thoroughbred  racing 
association for 1 race, but does not include a state supplement.
  (l) AFirst-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.

  History:  1979 AC; 1983 AACS; 1998-2000 AACS.


R 285.810.2    Eligibility of foals for breeders= awards, owners= awards, and 
state supplements.
  Rule 2. (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  15  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 15 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 jockey club, incorporated, certificate of foal  registration  shall 
state: Afoaled in Michigan, U.S.A.@
  (d) Within 15 days of the date of 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 certificate of thoroughbred foal eligibility 
shall accompany the jockey club, incorporated, certificate  at  the  time  of 
entry in a race.  The certificate shall be issued 48  hours  or  more  before 
post time.
  (2) If a breeder or owner has complied  with  all  other  rules,  then  the 
director may waive the date requirements 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 certificate of thoroughbred foal eligibility  shall  be 
issued by the director for a Michigan-bred horse that meets all of the  above 
requirements set forth in subrules (1) and (2) of this rule.

  History:  1979 AC; 1983 AACS; 1998-2000 AACS.


R 285.810.3    Eligibility of races for supplements.
  Rule 3. (1) State supplements  shall  be  allocated   for   the   following 
Michigan-bred horse races:
  (a) Thoroughbred races approved by the director.
  (b) The following stake races shall be run  each  year  at   one   of   the 
thoroughbred tracks operated by a licensed association:
  (i) Michigan futurity, 2-year-olds.
  (ii) "Sickles Image" stake,  2-year-old,  2  divisions,   (1)   colts   and 
geldings, (2) fillies.
  (iii) "Lansing" stake, 3-year-olds, 2 divisions, (1)  colts  and  geldings, 
(2) fillies.
  (iv) "Michigan Breeders" stake, 3-year-olds and up.
  (v) "Little  Ones"  stake,  2-year-olds,  2  divisions,   (1)   colts   and 
geldings, (2) fillies.
  (vi) "Dowling" stake, 3-year olds, 2 divisions, (1)  colts  and   geldings, 
(2) fillies.
  (vii) "Frontier" stake, 3-year-olds and up.
  (viii) Larkspur - 3-year-old and up - fillies and mares.
  (ix) Moonbeam - 3-year-old and up - fillies and mares.
  (x) Regret - 3-year-old fillies.
  (xi) Michigan oaks - 3-year-old fillies.
  (2) State supplements shall be paid  first  for   races   specified   under 
subrule (1) (b) 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.
  (3) At least 1 Michigan-bred race shall be scheduled on each program.
  (4) Each association licensed to conduct racing in   Michigan   shall   not 
offer a lesser track purse for a Michigan-bred race than  the   track   purse 
offered for a non-Michigan-bred race that is comparable in  the  judgment  of 
the director. The nomination fee for a Michigan-bred stakes  race  shall   be 
equal to the nomination fee for a  comparable  purse   offered   on   similar 
conditions in an open stakes race during a race meet.
  (5) If the  programmed  Michigan-bred  race  does   not   draw   sufficient 
entries  to  run,  the  licensed  racing  association  shall   not   run    a 
non-Michigan-bred  race  as  a  substitute,  but  shall   run   an   approved 
substitute Michigan-bred  race.  Each  horse  in  stake   races   for   2-and 
3-year-old horses described in subrule (1) (b) of this   rule   shall   carry 
equal scale weight.

  History:  1979 AACS; 1983 AACS.


R 285.810.4    Conditions for races; allocations of state supplements.
  Rule 4. (1) The racing association of the track where  Michigan-bred  horse 
races are to be  conducted  shall  propose  conditions  and  purses  for  all 
Michigan-bred horse races, including the distances to be  run  for  specified 
stakes races in R 285.810.3.  The conditions of all Michigan-bred horse races 
are subject to the approval of the director.  The  track  shall  submit  race 
conditions to the director, in writing, not less than 18 calendar days before 
the first race is conducted for each condition book at each  track.   Changes 
in the conditions shall be submitted by the track to the  director  not  less 
than 24 hours before the race is conducted.
  (2)  The  director,  with  the  advice  of  a  representative  of  licensed 
thoroughbred  racing  associations,  a  certified   thoroughbred   horsemen=s 
organization, and the Michigan  thoroughbred breeders and owners association, 
shall determine the allocation of state supplements.
  (3) The director shall announce, not later  than  14  calendar  days  after 
receiving the proposed racing conditions, his  or  her  allocation  of  state 
supplements to purses for each of the approved Michigan-bred horse  races  in 
the condition book.  If proposed conditions of the Michigan-bred horse  races 
are not submitted to the director within the time fixed  by  subrule  (1)  of 
this rule, then the director may allocate state supplements for Michigan-bred 
horse races at his or her discretion, but  state  supplements  shall  not  be 
allocated more than 24 hours before post time for the race.
A state supplement shall not be allocated to a Michigan-bred horse race after 
the race has been run if the race was not approved by the director.
  (4) An extra Michigan-bred horse race shall be proposed by the track to the 
director by phone or other means 24  hours  or  more  before  post  time  for 
tentative approval.  The track shall  follow  the  proposal  with  a  written 
proposal postmarked not later than the day of the race.
  (5) If  an  approved  Michigan-bred  horse  race  does  not  fill,  then  a 
substitute race may be proposed by the track to  the  director  by  phone  or 
other means 24 hours or more before post time for  tentative  approval.   The 
track shall follow the proposal with a written proposal postmarked not  later 
than the day of the race.

  History:  1979 AC; 1983 AACS; 1998-2000 AACS.


R 285.810.5    Breeders' awards.
  Rule 5. (1) The director shall pay  a  breeder's  award,   in   an   amount 
specified by law, to the breeder of a Michigan-bred horse  each   time   such 
horse wins at a licensed track in this state. If more  than   1   winner   is 
declared, each breeder is entitled to a full breeder's  award.  A   breeder's 
award shall not be paid for races  won  after  the  date  of   death   of   a 
breeder.
  (2) A  right  to  a  breeder's  award  is  not  assignable   and   is   not 
inheritable. The director is not obligated  to  pay   breeder's   awards   in 
excess of available funds or other than as provided in these rules.

  History:  1979 AC; 1983 AACS.


R 285.810.6     Payment  of  breeders=  awards,  owners=  awards,  and  state 
supplements.
  Rule 6. (1) The racing commissioner shall certify, to the director, at  the 
completion of racing, in each condition book, the results of all races won by 
Michigan-bred horses and their breeders and the results of all races in which 
a Michigan-bred horse 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, then the burden of proof  that  a  horse  was 
Michigan-bred or is in compliance with these rules  is  on  the  breeder  and 
owner.
  (3) State supplements and owners= awards may  be  paid  to  the  owners  of 
winning horses at least twice each year, after June 30 and after December 31, 
upon certification under this rule.
  (4) Payment of breeders= awards and owners= awards shall  be  processed  at 
least twice each year, after June 30 and after December 31.

  History:  1979 AC; 1998-2000 AACS.


R 285.810.7    Rescinded.

  History:  1979 AC; 1983 AACS.


R 285.810.8    Rescission.
  Rule 8. Regulation No. 807, entitled "Purses for  Michigan-bred  Horses  at 
Licensed Tracks, State Allocations," being R 285.807.1 to   R  285.807.4   of 
the Michigan Administrative Code and appearing on pages 3144  and   3145   of 
the 1964-65 Annual Supplements to the Code, is rescinded.

  History:  1979 AC.


R 285.810.9    Owners= awards.
  Rule 9. (1) 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  thoroughbred  horsemen=s 
organization and the Michigan thoroughbred breeders and  owners  association, 
shall determine the allocation of owners= award percentages.
  (3) A single owners= award is limited to $10,000.00.

  History: 1998-2000 AACS.


R 285.810.10    Payment of owners= awards.
  Rule 10. (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, then the burden of proof that a horse was Michigan-bred or is  in 
compliance with these rules is on the owner.
  (3) Owners= awards are paid in the same manner as state  purse  supplements 
under R 285.810.6.

  History: 1998-2000 AACS.