Amendment ID: S2258-4

Amendment 4

Massachusetts Thoroughbred Breeding Program

Mr. Timilty moves to amend the bill by adding at the end thereof the following new section;-

SECTION XXX. Chapter 128 of the General Laws is hereby amended by striking out section 2(g) and inserting in place thereof the following:-

(g) Promote, develop and encourage through the Massachusetts Thoroughbred Breeding Program, the breeding of thoroughbred horses in the commonwealth by offering cash prizes to breeders of such horses in the following manner: the Massachusetts Thoroughbred Breeders Association, Inc. shall from time to time in consultation with the chairman of the racing commission and the program manager for the equine division in the department of agriculture set the percentages for bonuses to be awarded to the breeder of a Massachusetts bred thoroughbred horse, of the purse monies won by said thoroughbred horse in any pari-mutuel running horse race if said horse finishes first, second or third; the percentage for a cash prize to the owner of the stallion, at the time of service to the dam of such purse winner; provided, however, that (i) the stallion stood the breeding season of February through June in the commonwealth, (ii) the horse finishes first, second or third, and (iii) said stallion is registered with the department of food and agriculture; the percentage for a cash prize for the purse monies won by said thoroughbred horse in any unrestricted or restricted pari-mutuel running horse race held within or outside of the commonwealth to the owner of a Massachusetts bred horse if said horse finishes first, second, or third.

The Massachusetts Thoroughbred Breeders Association, Inc. is further authorized to pay cash purses for stakes races to be limited to Massachusetts bred thoroughbred race horses, registered with the Jockey Club and the Massachusetts Thoroughbred Breeders Association, Inc. from the Massachusetts thoroughbred breeding program at licensed pari-mutuel race meetings authorized by the state racing commission. Such races may be betting or non-betting races and may or may not be scheduled races by the licensee conducting the racing meeting. Purse monies paid by the association under this section may be in such amounts as the association shall determine and may be the sole cash purse for such races or may be supplemental to the cash purses established by the licensee; provided, however, that no person, partnership, corporation or group of persons may receive more than five thousand dollars as a cash prize breeder's award from the association for an individual horse race within the commonwealth.

To be eligible for the prizes provided, a person must be a paid-up member of the Massachusetts Thoroughbred Breeders Association, Inc. or must agree to a one-time annual processing fee.

No person, partnership, corporation, or group of persons shall be eligible for the prizes provided herein unless the following standards are met:

(1) The thoroughbred foal, properly registered with the Jockey Club and the Massachusetts Thoroughbred Breeders Association, Inc. shall be the foal of a Thoroughbred mare that dropped said foal in the Commonwealth and was bred back to a Massachusetts stallion registered with the Massachusetts Thoroughbred Breeders Association, Inc.. Or:

(2) The Thoroughbred foal, properly registered with the Jockey Club, and the Massachusetts Thoroughbred Breeders Association, Inc. shall be the foal of a resident Thoroughbred mare that resided continuously in the Commonwealth from the fifteenth day of October of the year of conception. If an in-foal mare is purchased at public auction prior to December 15 (must be a completed public sale, not an RNA or a private transaction after the public sale), she must be domiciled in the Commonwealth within 14 days of the date of purchase and continue such residence through foaling.

(3) In either case the mare is required to stay in the Commonwealth for a continuous stay of not less than 60 days before or after foaling.

(4) Resident in-foal mares require that domicile reports be filed with the Massachusetts Thoroughbred Breeders Association, Inc. by certified mail by October 15 (or 14 days after date of purchase for mares purchased at public auction prior to December 15). All changes in domicile and/or ownership must be reported to the Massachusetts Thoroughbred Breeders Association, Inc. by certified mail within 14 days of the event.

Prior to the first day of August of each year, each person standing a Thoroughbred stallion in the Commonwealth at either public or private service shall file with the Massachusetts Thoroughbred Breeders Association, Inc. (a) a list of all Thoroughbred mares bred to such stallion in that year; and (b) a verified statement representing that said stallion stood the entire breeding season in the Commonwealth.

All stallions and in-foal mares registered with the Massachusetts Thoroughbred Breeders Association, Inc. are subject to on-site inspection at any time to ensure domicile status.

The Massachusetts Thoroughbred Breeders Association, Inc. is authorized to expend up to 12 percent funds for said program for advertising, marketing, promotion, and administration of the Thoroughbred breeding program in the Commonwealth, which may include incentive payments to owners of qualified broodmares and stallions residing in the state of Massachusetts.

The state auditor shall annually audit the books of the Massachusetts Thoroughbred Breeders Association, Inc. to insure compliance with this section.