in-20260513-IR-071260119FNA: LATE THOROUGHBRED REGISTRATION

TITLE 71 INDIANA HORSE RACING COMMISSION Notice of First Public Comment Period LSA Document #26-119 LATE THOROUGHBRED REGISTRATION PURPOSE OF NOTICE The Indiana Horse Racing Commission (commission) is soliciting public comment on amending rules at 71 IAC 13.5-1-1, 71 IAC 13.5-2-1, and 71 IAC 13.5-2-2 concerning updating the definition of "Indiana bred", the eligibility requirements for a thoroughbred foal's dam for the foal to be considered Indiana bred, and the requirements for registering a thoroughbred foal with the commission. ADDITIONAL DOCUMENTS Regulatory Analysis: 20260513-IR-071260119RAA Notice of Public Hearing: 20260513-IR-071260119PHA CITATIONS AFFECTED: 71 IAC 13.5-1-1; 71 IAC 13.5-2-1; 71 IAC 13.5-2-2 AUTHORITY: IC 4-31-3-8; IC 4-31-3-9; IC 4-31-12-15 OVERVIEW Basic Purpose and Background The purpose behind these amendments is to concisely define Indiana bred thoroughbred horses and allow late registration of foals as Indiana bred after the present December 31 deadline. The implementation costs of the proposed rule are not expected to exceed the threshold set in IC 4-22-2-22.7(c)(6). For purposes of IC 4-22-2-28.1, small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator: For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 5-28-17-6 is: Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in IC 5-28-17-6, specifically IC 5-28-17-6(9), investigating and attempting to resolve any matter regarding compliance by a small business with a law, rule, or policy administered by a state agency, either as a party to a proceeding or as a mediator. REQUEST FOR PUBLIC COMMENT The commission is soliciting public comment on the proposed rule. Comments may be submitted in one of the following ways: COMMENT PERIOD DEADLINE All comments must be postmarked or time-stamped not later than June 12, 2026. The rule, Regulatory Analysis, appendices referenced in the Regulatory Analysis, and materials incorporated by reference (if applicable) are on file at the Indiana Horse Racing Commission, 1302 North Meridian Street, Suite 175, Indianapolis, Indiana and are available for public inspection. Copies of the rule, Regulatory Analysis, and appendices referenced in the Regulatory Analysis are available at the Indiana Horse Racing Commission office. If the commission does not receive substantive comments during the public comment period or public hearing, the rule may be adopted with text that is the same as or does not substantially differ from the text of the proposed rule published in this notice. PROPOSED RULE Sec. 1. (a) "Indiana bred" means any properly registered thoroughbred registered with the commission under 71 IAC 13.5-2-2, foaled in Indiana, and whose dam was registered with the commission under 71 IAC 13.5-2-1. (b) The mare must: The resulting foal will then be eligible to be registered as an Indiana bred. (c) Mares registered for the current breeding year may leave the state to be entered in an advertised public sale and may leave the state for the interval of the sale, but must return to Indiana within fourteen (14) days of her sale if the residency requirements for foal registration are to be fulfilled. (d) Appeal of the fourteen (14) day return requirement must be forwarded to the commission for the review and recommendation of the breed development advisory committee. Notification to the commission must be made in writing for mares leaving the state prior to participating in an advertised public sale. Upon return to the state, the mare must be reregistered with the appropriate forms available from the commission. (e) In the event a mare entered Indiana and was registered with the commission after November 1 in the year prior to foaling, the foal (which must be foaled in Indiana) may be eligible to be registered as Indiana bred if the mare: (f) If the mare does not conceive, it must: (g) The commission must be notified in writing and provide proper documentation for any mare or foal or both leaving the state for medical treatment. (h) The director of breed development may approve a request for a mare to leave before thirty (30) days after foaling. The request shall be in writing. (i) The horse must be registered with the commission prior to being entered in an Indiana bred conditioned race. Sec. 1. (a) In order To be eligible to register a thoroughbred foal as Indiana bred, such foal must be the foal's dam must: (b) All mares must be registered with the commission by the following dates or be subject to a late registration fee under subsection (e): A late registration fee does not apply to the breed back requirement exception in subsection (d). (b) (c) A current copy of the front and back of the mare's Jockey Club papers, along with lease agreements, are to be included with the registration. (c) Mares registered for the current breeding year may leave the state to be entered in an advertised public sale and may leave the state for the interval of the sale, but must return to Indiana within fourteen (14) days of her sale if the residency requirements for foal registration are to be fulfilled. (d) Appeal of the fourteen (14) day return requirement must be forwarded to the commission for the review and recommendation of the breed development advisory committee. Notification to the commission must be made in writing for mares leaving the state prior to participating in an advertised public sale. Upon return to the state, the mare must be reregistered with the appropriate forms available from the commission. (e) In the event (d) If a mare entered Indiana or is and was not registered with the commission after November 1 by the deadline in subsection (b)(1), the foal, which must be foaled in Indiana, may be eligible to be registered as Indiana bred. To be eligible, the mare must be: Mares registered under subsection (a)(2) are not required to breed back to a registered Indiana stallion. (e) If a mare entered Indiana before November 1 in the year before foaling, but failed to be properly registered by the November 1 deadline, the foal may be eligible to be registered as Indiana bred if: (f) Mares registered for the current breeding year may leave the state to be entered in an advertised public sale and for the interval of the sale, but must return to Indiana within fourteen (14) days of her sale to fulfill the residency requirements for foal registration. (g) Appeal of the fourteen (14) day return requirement must be forwarded to the commission for the review and recommendation of the breed development advisory committee. Notification to the commission must be made in writing for mares leaving the state before participating in an advertised public sale. On returning to the state, a mare must be reregistered with the appropriate forms available from the commission. (h) A mare or foal, or both, may leave the state for medical treatment. The commission must be notified in writing and provided documentation within seventy-two (72) hours of the treatment. (f) (i) If the a mare fails to conceive when bred or is unfit to breed due to health reasons, a veterinarian certificate is required from a licensed veterinarian. (g) (j) If the a mare does not conceive, she must: (h) The commission must be notified in writing and provide proper documentation for any mare or foal or both leaving the state for medical treatment. (i) (k) The director of breed development may approve a request for a mare to leave before thirty (30) days after foaling. The request shall must be made in writing. (j) (l) Mares in foal must be reregistered every year. Sec. 2. In order (a) To register a thoroughbred foal as an Indiana bred with the commission, a completed application must be filed with the commission within twelve (12) months of the horse's foaling date. If the horse is not registered by the required date, a late fee will be assessed in accordance with the following schedule: (b) A thoroughbred foal that has not been registered with the commission may be entered into an Indiana bred conditioned race, provided: LSA Document #26-119 Last Hearing Held: June 18, 2026 Documents Incorporated by Reference: None Received by Publisher State Budget Committee Agenda dated April 16, 2026: Received by Publisher Small Business Regulatory Coordinator: David Rothenberg, General Counsel, Indiana Horse Racing Commission, 1302 North Meridian Street, Suite 175, Indianapolis, IN 46202, (317) 232-0399, Drothenberg@hrc.in.gov