BIRMINGHAM RACING COMMISSION
BREEDING AND DEVELOPMENT FUND
AUTHORITY
Pursuant to the provisions of Section 11-65-34 of the Code of Alabama, 1975 as
amended the Birmingham Racing Commission (the "Commission") hereby creates the
Birmingham Racing Commission Breeding and Development Fund (the "Fund") to carry
out such rules and regulations as the Commission shall adopt from time to time for the
purpose of promoting the breeding, raising, and racing of horses in Alabama. Also
pursuant to the provisions of Section 11-65-34, the Commission hereby designates the
Fund as official registry of Alabama-Bred horses, which registry shall be administered
by the Fund pursuant to such rules and regulations as may be adopted from time to
time by the Commission.
I. INTERPRETATION
The rules in this article shall be administered by the Fund and questions of
interpretation and intent shall be determined by the Fund Administrator.
II. ADMINISTRATION
Procedures for establishing compliance with or satisfaction of such rules shall be
established by the Fund and administered by its administrator.
REGISTRATION
No foal or horse of racing age shall be considered as an "Alabama-Bred" unless such
horse is so registered with the Fund. Should the Fund Administrator be satisfied that
grounds exist to cancel or void a registration he may so determine and order any
monies of the Fund due any person as a result of such questionable registration held,
and if paid, to be returned to the Fund for proper disposition. In addition, pending such
determination, the Fund Administrator shall be empowered to order retention of such
monies as may be payable as a result of any questionable registration, for proper
disposition, upon its final registration.
SANCTIONS
For good cause shown the Fund Administrator may order that any individual shall be
disqualified from participating as a beneficiary of the Fund for such time as it may
determine appropriate.
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DEFINITIONS
Definitions. As used in this article, the following shall mean:
1. Alabama-Bred. A horse registered with the fund and qualified under these
rules.
2. Alabama Stallion. A stallion which is standing in the State of Alabama at
the time he is bred and which is owned or leased by a resident of the state
and which is registered with the Fund.
3. Breeder. The owner of the mare (dam) at the time such mare gives birth to
a foal.
4. Dam. The female parent of a horse.
5. Foal. The offspring of a sire and dam; being born.
6. Foaled. Born.
7. Fund. The Birmingham Racing Commission Breeding and Development
Fund.
8. Horse. Except where from the context it appears otherwise, shall mean,
horse, stallion, mare, gelding, ridgling, colt, or filly.
9. Quarterhorse.
A horse registered or qualified for registration with the
American Quarter Horse Association.
10. Sire. The male parent of a horse.
11. Standardbred.
A horse registered or qualified for registration as a
Standardbred with the U.S. Trotting Association.
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12. Thoroughbred.
A horse registered or qualified for registration as a
Thoroughbred by The Jockey Club.
REGISTRATION AS ALABAMA-BRED FOR HORSES FOALED PRIOR TO
JANUARY 1, 1991.
In order to qualify as Alabama-Bred, a horse foaled prior to January 1, 1991 must be
have been foaled by a mare in the State of Alabama and such be reflected on the
certificate of foal registration of the recognized registry for that breed and said foal be
registered with the Fund as provided in Section XIV.
REGISTRATION AS ALABAMA-BRED FOR HORSES FOALED JANUARY 1, 1991
AND THEREAFTER.
A horse foaled in Alabama after January 1, 1991, shall also qualify for registration as an
Alabama-Bred if its dam is domiciled in the State of Alabama as defined in Section X,
said foal is registered with the fund as provided in Section XIV and was foaled in the
State of Alabama and such birth is reflected on the certificate of registration of the
recognized registry for that breed.
TRANSFER OF REGISTRATION.
Any change or transfer of ownership of Alabama-Breds must be recorded with the Fund
Administrator prior to the running of the race in which the owner may be entitled to earn
owner awards.
DOMICILED.
To qualify as "domiciled" in Alabama as such term is used in Section VIII, a mare shall
be present and available for examination within the state, except that:
A. Mares may be removed from the state for racing or medical treatment elsewhere,
however, the Fund Administrator must receive notice of both departure and
return in writing.
B. Mares may be removed from the state for purposes of sale, however, the Fund
Administrator must receive notification within 30 days of such removal in writing.
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C. Mares may be removed from the state after January 1, 1991 for the purpose of
being serviced by a Stallion but must return to her domicile by July 31 of the year
bred and the Fund Administrator must be notified of such return in writing.
PROOF OF QUALIFICATIONS.
It shall be the burden of the applicant to establish satisfactory proof to the Fund
Administrator that a horse is qualified under these rules for registration. Should a
question arise subsequent to registration as to the validity of such registration, it shall
be the burden of the party or parties asserting such validity to establish validity thereof.
DUTY TO COOPERATE.
It shall be the duty of every person concerned with the steps required for registration to
cooperate with the Fund, its employees and agents in their attempt to verify eligibility
requirements including, but not limited to:
1. Affording such access to the premises and place where any horse may be seen
and inspected during regular business hours;
2. Furnishing relevant information and records as may be requested concerning
eligibility requirements;
3. Attendance and participation at interviews or proceedings concerning the
eligibility of any horse for which such person may be able to furnish relevant
information.
4. Such other reasonable requests as may be made from time to time. If the Fund
Administrator finds that a person has failed to cooperate as required in this
action, he may impose such sanctions as he deems appropriate, including
disqualifying such person from owners awards, breeders awards, stallion owner
awards, and purses earned in Alabama-Bred races.
BIRMINGHAM RACING COMMISSION.
Nothing herein contained shall be deemed to prevent the Birmingham Racing
Commission upon request of the Fund Administrator, or upon its own initiative, from
conducting an investigation into the registration requirements established by these rules
and/or the participation by any individual in such process.
All money deposited into the Birmingham Racing Commission's Breeding and
Development Fund, either as registration fees or Breeding Fund fees collected from the
Pari-mutuel race tracks under the authority of the Birmingham Racing Commission, will
be subject to use and distribution according to State law and the policies of the
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Birmingham Racing Commission.
REGISTRATION OF ALABAMA-BRED FOALS.
To be eligible for breeder awards, foals must be registered with the Fund. Deadlines
for registration are as follows:
a) Prior to January 1, 1991:
Foals born prior to January 1, 1991 will qualify for breeder awards if registered with
the Fund before entering the race for which they can earn such award money.
b) After January 1, 1991:
Foals born on or after January 1, 1991 will qualify for breeder awards if registered
with the Fund by December 31 of the year born.
c) Late Registration:
Foals and horses of racing age may be registered after the above date by paying a
late fee as called for under Section XVIII (c).
DEADLINE FOR REGISTRATION OF ALABAMA STALLIONS
An Alabama Stallion is defined as a Stallion permanently quartered in Alabama and
annually registered with the Fund. Stallion Awards are payable to the owner or lessee
as registered with the Fund only.
Deadlines for registration are as follows:
Prior to January 1, 1995.
a) Alabama Thoroughbred and Quarterhorse Stallions can qualify for awards
earned by foals born prior to January 1, 1995 if both foal and stallion are
registered with the Fund prior to the entry date of foal's first race in which awards
can be earned.
After January 1, 1995.
b) Alabama Thoroughbred Stallions and Quarter Horse Stallions can qualify for
awards earned by foals born on or after January 1, 1995 if said stallions are
registered with the Fund by January 1 of the year the foal is conceived or within
30 days of commencing stud duty in Alabama and the foal is registered as
provided under Section XIV.
ELIGIBILITY OF STALLION AWARDS
Alabama Stallions receive awards only for progeny registered with the Fund as
stipulated in Section XIV. Alabama Quarterhorse Stallions can qualify for awards
earned by foals born after January 1, 1991 and prior to January 1, 1995 if said stallions
are registered with the Fund prior to the entry date of the first race in which the foal can
earn such award money.
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Should an Alabama Stallion die, or leave the state, his owner at the time of death will
not be disqualified from future awards earned by the stallion's progeny after the death
or departure of said Stallion.
REQUIREMENT FOR ASSOCIATIONS TO OFFER RESTRICTED RACES.
Each edition of the condition book of each Association or contract operator licensed by
the Birmingham Racing Commission shall contain at least two races for every five days
of racing covered by the condition book which shall be restricted to registered AlabamaBred horses and at least one such race shall be a maiden race. The Racing Secretary
of the Association may determine the other conditions of the race such as distance,
weights, and claiming prices, if any. The Racing Secretary may declare these races
"off" in the event that there are fewer than eight (8) qualified separate betting interests
entered by the close of entries for the racing day on which said races are scheduled.
The amount of money used as purse supplements for restricted Alabama-bred races
may be adjusted as necessary in each condition book by a Purse Committee composed
of the Fund administrator, the Presiding Steward, the Racing Secretary, and the
Executive Secretary of the Commission.
FEE SCHEDULE FOR REGISTRATION OF HORSES WITH THE BIRMINGHAM
RACING COMMISSION BREEDING AND DEVELOPMENT FUND.
All fees must be paid on time and in full for the registered horse to qualify for awards
from the Fund.
The schedule of fees necessary to register for the Birmingham Racing Commission
Breeding and Development Fund will be:
a. Stallions standing in Alabama; an annual registration fee of $40.00
b. All Foals: One time fee of $40.00 if registered by December 31 of year foaled.
c. Late registration fees for foals registered after previously listed deadlines in the
Rules of the Birmingham Racing Commission Breeding and Development Fund
will be as follows:
As yearling
$100.00
2 years old
$200.00
Older
$300.00
d. Each transfer of ownership: $10.00 Fee
SCHEDULE OF DISBURSEMENTS.
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All disbursements of monies from the Fund will be approved by the Fund
Administrator as authorized by and under the policies of the Birmingham Racing
Commission. The order in which disbursements from the Fund will be paid is:
1. 20% of the aggregate amount of all monies deposited into the Fund from
the pari-mutuel handle will be set aside for payment to the Schools of
Veterinary Medicine of Auburn and Tuskegee Universities no later than sixty
(60) days after the end of the calendar year in which they are collected;
2. Administration and management costs as to operating the Fund;
3. Special Grants or Reserves as may be approved by the Fund and
Birmingham Racing Commission;
4. Owner awards to be paid to owners of registered Alabama-Bred horses as
defined herein which finish first, second, third or fourth in "open" parimutuel races run at any racetrack under the jurisdiction of the Birmingham
Racing Commission. Ten percent of first place owner’s awards will be
deducted and paid to the jockey riding the winning horse.
5. Breeder awards to be paid to breeders of registered Alabama-Bred horses
which finish first, second, third or fourth in either "open" or "registered
Alabama-Bred" races run at any track under the jurisdiction of the
Birmingham Racing Commission.
6. Stallion Awards to be paid to owners of qualified Alabama Stallions which
have sired registered Alabama-Bred horses finishing first, second, third or
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fourth in "open" or registered Alabama-Bred races run under the jurisdiction
of the Birmingham Racing Commission but only as provided in Sections
XIV, XV, and XVI.
7. Purse supplements to be added to races restricted solely to registered
Alabama-Bred horses.
8. Gathering analysis and publication of information pertaining to the breeding,
raising and racing of horses in the State of Alabama. Payments for all
awards will be made by the Fund Administrator no later than 90 days
following the close of the live race meeting whenever practical.
CALCULATION OF OWNER AWARDS.
The total amount of funds available for owner’s awards will be established
by the Birmingham Racing Commission prior to the commencement of live
horse racing each season.
These awards shall be disbursed as a
percentage of purse money won by each registered Alabama-Bred horse
first, second, third or fourth in "open" races conducted under the supervision
of the Birmingham Racing Commission. Owners awards shall be paid to
the owner of the horse, as registered with the fund, on the date such award
is earned.
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CALCULATION OF BREEDER AND STALLION AWARDS.
Each breeder and Alabama Stallion owner will receive points based on the
race record of the Alabama-Bred foal:
Win
=
4
Place =
3
Show =
2
Fourth =
1
At the close of each race meet, the points accumulated by each registered
and qualified runner as well as each registered and qualified stallion will be
totaled and this number will be used to determine the award amount due
the breeder of Alabama registered foals, runners and the owner or lessee of
registered stallions as a percentage of total points award money available.
Example: If there is $20,000 available for breeder awards and all registered
Alabama foals collectively earn 2000 points, each point will have a value of
$10.00. If foal "A" earns 31 points, awards for its breeder will equal 31 x
$10.00 or $310.00. Foal "B" earns 10 points; awards for its breeder will
equal 10 x $10.00 or 100.00.
The award amount due breeder shall be paid to the breeder of the horse as
registered with the Fund. Stallion awards "travel with the horse" and all
awards during a race meeting shall be paid to the owner or lessee of the
stallion, as registered with the Fund, on the last live racing day of the
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season in which the points were earned.
Section 11-65-34
Horse breeding fund.
Each commission shall establish a special fund to promote the
breeding, raising and racing of horses in the state, which shall
be known as "The _______ [name of the sponsoring municipality]
Racing Commission Breeding and Development Fund." Each horse
racing operator shall pay to its licensing commission a breeding
fund fee for each month during which it conducts any horse racing
events. For each horse racing operator, the breeding fund fee for
any month shall be an amount equal to one-half of one percent
[or, in the case of any such fee referable to any month during
the period of three years immediately following such operator's
receipt of an operator's license, one-quarter of one percent] of
the horse racing handle for such operator for such month. The
breeding fund fee payable by a horse racing operator for a given
month shall be paid to the treasurer of the commission licensing
such operator before the end of the succeeding month. All
breeding fund fees received by a commission shall be deposited
into its breeding fund.
Twenty percent of the aggregate amount of breeding fund fees
received by each commission in each calendar year shall be set
aside for distribution to the schools of veterinary medicine of
Auburn University and Tuskegee Institute. Each commission shall
distribute the moneys so set aside on such schedule as shall be
administratively reasonable and convenient, but in any event all
such moneys referable to the breeding fund fees received in any
calendar year shall be distributed not later than 60 days after
the end of such calendar year. Each commission shall divide the
20 percent of the breeding fund fees required to be set aside for
the schools of veterinary medicine at Auburn University and
Tuskegee Institute between such schools in an equitable manner,
taking into account the number of students served by each school,
the financial needs of each school to maintain accepted academic
standards, the nature and quality of equine research conducted at
each such school and such other factors as such commission shall
deem relevant in the circumstances; provided, however, that
neither of such schools of veterinary medicine shall receive less
than 25 percent of the total amount required to be set aside by
the provisions of this paragraph in any calendar year. All moneys
distributed to the schools of veterinary medicine at Auburn
University or Tuskegee Institute pursuant to this paragraph shall
be used exclusively for supportive research on the health and
diseases of the horse.
Each commission shall adopt rules and regulations governing the
maintenance and administration of its breeding fund and the
disbursement of the moneys deposited therein, provided that such
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moneys may be used only for the purposes specified in the next
preceding paragraph of this section and for the following
additional purposes:
(1) To provide awards to breeders and owners of Alabama-bred
horses finishing first, second, third or fourth in pari-mutuel
races run in the state;
(2) To provide awards to stallion owners whose Alabama stallions
have sired Alabama-bred horses finishing first, second, third or
fourth in pari-mutuel races run in the state;
(3) To provide purse moneys for races conducted exclusively for
Alabama-bred horses under conditions which have been approved by
such commission;
(4) To advance and promote the breeding and raising of horses in
the state by the publication and dissemination of information
relating thereto;
(5) To promote equine research through grants to universities
within the state; and
(6) To provide for the administration and management of such
breeding fund.
Nothing contained in this chapter shall be construed to obligate
any greyhound racing operator to pay any amount referable to the
greyhound racing handle as a breeding fund fee.
(Acts 1984, No. 84-131, p. 159, §34; Acts 1991, No. 91-187, p. 246, §30.)
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