in-20251203-IR-071250679FNA: ARCI COMPLIANCE; BREEDING STANDARDS; TECHNICAL UPDATES

TITLE 71 INDIANA HORSE RACING COMMISSION Notice of First Public Comment Period LSA Document #25-679 ARCI COMPLIANCE; BREEDING STANDARDS; TECHNICAL UPDATES PURPOSE OF NOTICE The Indiana Horse Racing Commission (IHRC) is soliciting public comment on adding, amending, and repealing rules at 71 IAC 4, 71 IAC 4.5, 71 IAC 5, 71 IAC 5.5, 71 IAC 6, 71 IAC 7, 71 IAC 13.5, 71 IAC 14, and 71 IAC 14.5 concerning consolidation of flat and standardbred rules; technical changes; entries and racing; and awards. IHRC seeks comment on the affected citations listed and any other provisions of Title 71 that may be affected by this rulemaking. ADDITIONAL DOCUMENTS Regulatory Analysis: 20251203-IR-071250679RAA Notice of Public Hearing: 20251203-IR-071250679PHA CITATIONS AFFECTED: 71 IAC 4-2-3; 71 IAC 4-2-6; 71 IAC 4-2-7; 71 IAC 4-3-1; 71 IAC 4-3-2; 71 IAC 4-3-4; 71 IAC 4-3-5; 71 IAC 4-3-6; 71 IAC 4-3-7; 71 IAC 4-3-8; 71 IAC 4-3-9; 71 IAC 4-4-9; 71 IAC 4.5; 71 IAC 5-1-1; 71 IAC 5-1-6; 71 IAC 5-1-12; 71 IAC 5-1-13; 71 IAC 5-1-14; 71 IAC 5-1-21; 71 IAC 5-1-22; 71 IAC 5-1-28; 71 IAC 5-2-1; 71 IAC 5-2-4; 71 IAC 5-2-5; 71 IAC 5-2-6; 71 IAC 5-3-1; 71 IAC 5-3-2; 71 IAC 5-3-3; 71 IAC 5-3-3.1; 71 IAC 5-3-4; 71 IAC 5-3-6; 71 IAC 5-4-1; 71 IAC 5-5-2; 71 IAC 5-6-1; 71 IAC 5-7-1; 71 IAC 5-7-4; 71 IAC 5-7-5; 71 IAC 5.5; 71 IAC 6-3-1; 71 IAC 7-1-5; 71 IAC 7-1-7; 71 IAC 7-1-26; 71 IAC 7-1-29; 71 IAC 7-1-30; 71 IAC 7-2-2; 71 IAC 7-2-8; 71 IAC 7-3-20; 71 IAC 7-3-23; 71 IAC 7-3-37; 71 IAC 13.5-3-2; 71 IAC 13.5-3-4; 71 IAC 14-1-1; 71 IAC 14.5-3-1; 71 IAC 14.5-3-2; 71 IAC 14.5-3-3 AUTHORITY: IC 4-31-3-8; IC 4-31-3-9; IC 4-31-12-15 OVERVIEW Basic Purpose and Background The basic purpose behind the promulgation of these rules is to correct technical errors, bring IHRC rules into compliance with ARCI rules, and better define breeding standards regarding frozen semen and embryos. 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 IHRC 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 January 3, 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 IHRC 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. 3. (a) The commission may require periodic audits to determine that the association has funds available to meet those distributions for the purposes required by the Act, IC 4-35-7-12, these rules, the conditions and nomination race program of the race meeting, and the obligations incurred in the daily operation of the race meeting. Such audits are in addition to the state board of accounts annual audit required by IC 4-35-7-12(h). (b) An association shall file the following: (c) An association shall file with the commission an unaudited balance sheet and profit and loss statement as required by the commission. Those submissions must be in a format which that conforms with the requirements set out in the permit. (d) An association shall file an annual consolidated financial statement, audited by independent certified public accountants, for the track and the simulcast operations, with the commission no not later than March 31 after the close of its fiscal year, which reflects operations during the preceding calendar year. The audit must be in a format which that conforms with the requirements set out in the permit application. The commission, upon good cause shown, may extend the time for filing. (e) An association shall file with the commission a copy of any tax audit report received from the Internal Revenue Service, the Indiana department of revenue, or any other federal or state agency auditing the association. Sec. 6. An association, its officers, directors, officials, and employees shall fully account for all receipts, disbursements, and balances of whatever kind and shall do the following: Sec. 7. (a) An association, its officers, director, officials, and employees shall ensure that distributions for purses mandated by IC 4-31, IC 4-35, 71 IAC 12, and contracts with any horsemen's association, are made as provided for by statute. With the exception of purse money that it may owe as a result of the sale (export) of its simulcast signal, the association shall insure ensure that any purse monies that it is obligated by statute regulation or contract to pay are deposited, before the fifteenth day of each month, based upon on wagering from the previous month at the association's race tracks and/or or off-track betting facilities, or both, into the appropriate horse industry trust purse account as set forth herein. With respect to For purse monies that an association is contractually obligated to pay as a result of a contract with a horsemen's association for the sale (export) of its simulcast signal, the association shall deposit those funds into the appropriate account as set forth herein within five (5) days of receipt or settlement by the association. (b) An association is required to deposit and maintain the funds referenced in subsection (a) of this rule in separate horse industry trust purse accounts for each of the three (3) breeds racing at Indiana pari-mutuel facilities (standardbred, thoroughbred, and quarter horse). The funds deposited and maintained in those three (3) separate horse industry trust purse accounts shall must be held and maintained separate from each other and separate from all other funds held and maintained by the association. The comingling commingling of these funds with any other funds held or maintained by the association is strictly prohibited. This provision notwithstanding, an association may advance funds to a horse industry trust purse account from an operational account in order to make payment of purses that have been earned, and then receive reimbursement as soon as there are available funds in that horse industry trust purse account. (c) The association shall issue a purse fund activity report for each of the three (3) breeds racing in Indiana no not later than the fifteenth day of each month. Each The report shall must include a summary of both the prior month's activity as well as the year-to-date amounts deposited and dispersed from each horse industry trust purse account. The report shall must include an itemized statement of receipts and expenditures for the prior month and shall be electronically delivered both to the horsemen's association representing the owners and trainers of a particular breed and to the commission. The format of the report is subject to the approval of the commission or its executive director. (d) The association shall also provide no not later than the fifteenth day of each month a copy of the bank statement for each horse industry trust purse account referenced herein to the commission and the horsemen's association representing the owners and trainers of the breed that benefits from the monies contained in that horse industry trust purse account. (e) Any A breach of the obligations or requirements of this section, or the requirements set forth in IC 4-35-7-12, including any misuse, misdirection, or misappropriation of funds specifically referenced in IC 4-35-7-12, may be considered a violation of this article and may subject the association and its officers, directors, and employees to penalties that may include, but are not limited to: (f) Subject to the review and approval of the commission, any association and any horsemen's association may contract for additional provisions governing a horse industry trust purse account specified in this section, but only to the extent that such the contractual provisions are consistent with, and do not conflict with, the rules set forth in this section and 71 IAC 11-1-12. (g) The association shall file an annual audit or review, prepared by an independent certified public accountant, for each horse industry trust purse account. The filing is due no not later than March 31 after the close of the calendar year. The commission, upon showing of good cause, may extend the time for filing. The audit or review must be in a format and according to the standards approved by the commission. The cost of the audit or review, absent exceptional circumstances, shall be borne by the purse trust accounts, and the cost shall be allocated thirty-three and one-third percent (33 1/3%) to standardbred, thirty-three and one-third percent (33 1/3%) to thoroughbred, and thirty-three and one-third percent (33 1/3%) to quarter horse, up to a total cost per association of ten thousand dollars ($10,000), with any additional amounts to be paid by the association that is filing the audit or review. (h) The effective date of this section will be November 15, 2009. To the extent that an unfunded liability of the association to the purse account of one (1) or more of the breeds identified in this section has accrued prior to the effective date, those monies are due to be paid by the association to a particular horse industry trust account on or before July 1, 2010. Sec. 8. An association shall file with the commission on the first day of each month a listing of employees currently on the association's payroll. The list must be in a format and from a source approved by the commission, and include the employees': if any. Sec. 1. (a) An association shall ensure that the public areas of the association grounds are designed and maintained for the comfort and safety of the patrons and licensees and are accessible to all persons with disabilities as required by federal law. (b) An association shall provide and maintain adequate restroom facilities for the patrons and licensees. (c) An association shall provide an adequate supply of free drinking water. (d) An association shall maintain all the facilities on association grounds to ensure the safety and cleanliness of the facilities at all times. (e) During a race performance, the association shall provide a first aid room equipped with appropriate equipment. (f) An association shall provide a properly equipped ambulance, staffed with certified paramedics or emergency medical technicians (EMTs), at any time the racetrack is open for training, qualifying, and or racing. If the ambulance is being used to transport an individual, the association may not conduct a race, or allow horses with riders on the racetrack, until the ambulance is replaced. (g) An association shall provide mandatory orientation of racing emergency procedures for all emergency response personnel employed by or assigned as a result of a contract to the association grounds. (h) The ambulance must be parked at a location approved by the commission. (i) Any A driver or jockey that falls or is involved in an accident on the track shall be examined by a certified paramedic or emergency medical technician an EMT employed by or under contract with the association. The driver or jockey shall will not be permitted to fulfill any future engagement until he or she is they are approved by said the paramedic or EMT. (j) An association shall provide adequate office space for the use of the judges and other commission personnel as required by the commission. The location and size of the office space, furnishings, and equipment required under this section must be approved by the commission. (k) An association shall provide telephone and communication systems for the use of the commission staff for the performance of performing their duties within the enclosure. Such The system shall must be approved by the commission. The payment for all the utilities in areas occupied by commission staff within the enclosure shall be is the responsibility of the association. (l) An association shall promptly post commission notices in places that can be easily viewed by patrons and licensees. Sec. 2. The association shall erect and maintain glass enclosed bulletin boards close to the racing secretary's office and in the paddock upon where applicable, on which all the official notices of the commission shall be posted. The association shall also erect and maintain a glass enclosed bulletin board in the grandstand area where access is granted to all race day patrons, upon on which all the official notices of the commission may be posted. Sec. 4. (a) An association shall provide and maintain in good working order a communication system between the: (b) An association shall provide and maintain a public address system capable of clearly transmitting announcements to the patrons and to the stable area. (c) An association shall provide an electronic photo finish device to photograph the finish of each race and record the time of each horse in at least hundredths of a second. The location and operation of the photo finish devices device must be approved by the commission before its first use in a race. The photographic print shall must be displayed on the association closed circuit television system. The judge may also require the prints of the photograph to be displayed publicly on the bulletin boards in the grandstand and clubhouse areas of the racetrack. The association shall ensure that the photo finish devices are calibrated before the first day of each race meeting and at other times as required by the commission. On request by the commission, the association shall provide, without cost, a print from the negative of a photo finish to the commission. Photo finish negatives of each race shall be maintained by the association for not less than six (6) months after the end of the race meeting, or such any other period as may be requested by the judges or the commission. (d) An association shall provide a videotaping video transmitting and recording system approved by the commission. Cameras must be located to provide clear panoramic and head-on views of each race. Separate monitors, which simultaneously display the images received from each camera and are capable of simultaneously displaying a synchronized view of the recordings of each race for review, shall must be provided in the judges stand. The location and construction of video towers must be approved by the commission. (e) The judges may, at their discretion, direct the video camera operators to videotape transmit and record the activities of any horses or persons handling horses prior to before, during, or following after a race. (f) Races must be recorded by at least three (3) video cameras. (g) An association shall upon on request, provide to the commission, without cost, a copy of a videotape video recording of a race. (h) Videotapes Video recorded prior to before, during, and following after each race shall be maintained by the association for not less than six (6) months after the end of the race meeting, or such any other period as may be requested by the judges or the commission. (i) An association shall provide a viewing area in which where, on approval by the judges, an owner, a trainer, a driver or jockey, or any other interested individual may view a videotape video recording of a race. (j) Following any After a race in which there is an inquiry or objection, the association shall display to the public on designated monitors the videotaped video replays of the incident in question which that were utilized used by the judges in making their decision. Sec. 5. (a) The surface of a race track must be designed, constructed, and maintained to provide for the safety of the drivers or jockeys and the horses. (b) Prior to Before the first race meeting at an association race track, a licensed surveyor shall provide to the commission a certified report of the grade and measurement of the distances to be run. (c) Distances to be run shall must be measured from the starting line at a distance three (3) feet out from the inside rail or other markings as approved by the commission. (d) The surveyor's report must be approved by the commission prior to before the first race day of the meeting. (e) An association shall provide an adequate drainage system for the race track. (f) An association shall provide adequate equipment and personnel to maintain the track surface in a safe training and racing condition. The association shall provide back-up equipment for maintaining the track surface. Sec. 6. The design and construction of rails, where used, must be approved by the commission prior to before the first race meeting at the track. Where rails are not used, the placement and design of the markings of the inside of the track are subject to the approval of the commission. Sec. 6.5. (a) Racetracks, including turf tracks, must have an inside rail and outside rail or barrier, including gap rails, designed, constructed, and maintained to provide for the safety of jockeys and horses. The design and construction of rails must be approved by the commission before the first race meeting at the track. (b) The top of the rail must be at least thirty-eight (38) inches, but not more than forty-two (42) inches, above the top of the cushion. The inside rail must have not less than a fifteen (15) inch overhang with a continuous smooth cover. (c) All rails must be constructed of materials designed to withstand the impact of a horse running at a gallop. Sec. 7. During racing hours, an association shall provide at least two (2) operable starting gates which that have been approved by the commission. Sec. 7.5. (a) During racing hours, an association shall provide at least two (2) operable padded starting gates that have been approved by the commission. (b) An association shall make at least one (1) starting gate and qualified starting gate personnel available for schooling during designated training hours. (c) An association shall ensure that enough assistant starters are available for each race. (d) If a race is started at a place other than in a chute, the association shall provide and maintain in good operating condition back-up equipment for moving the starting gate. The back-up equipment must be immediately available to replace the primary moving equipment in the event of failure. Sec. 8. (a) An association shall provide starting point markers and distance poles in a size and position that is clearly seen from the judge's stand. (b) The starting point markers and distance poles must be marked as follows: Sec. 8.5. (a) An association shall provide starting point markers and distance poles in a size and position that is clearly seen from the steward's stand. (b) The starting point markers and distance poles must be marked as follows: Sec. 9. (a) An association shall provide lighting for the race track and the patron facilities that is adequate to ensure the safety and security of the patrons, licensees, and horses. Lighting to ensure the proper operation of the videotape video recording and photo finish equipment must be approved by the commission. (b) An association shall provide adequate additional lighting in the stable area as required by the commission. (c) If an association conducts racing at night, the association shall maintain a back-up lighting system that is sufficient to ensure the safety of race participants and patrons. (d) If the track goes dark during the running of a race, the race may be ruled no contest if, in the judge’s opinion, the contest or finish was compromised. (e) An association shall provide a three-light system of green, yellow, and red beacon style warning lights and sirens for use in the event of an accident as follows: Sec. 1. (a) A person shall not participate in pari-mutuel racing under the jurisdiction of the commission without a valid license issued by the commission. License categories shall include the following and others as may be established by the commission: (b) The commission may require a person working at a training center outside the enclosure, with horses competing at a track under the commission's jurisdiction, to obtain a valid license issued by the commission. A requirement for licensure under this section shall be made upon on reasonable suspicion that such the person's activities or reputation are inconsistent with maintaining racing with the highest standards and the greatest level of integrity. The executive director or judges may refuse entry or scratch any horse involving any such a person who, after requested to obtain a valid license, fails to, or is unable to, obtain a license. (c) Any A person employed by an association solely to assist with the conduct of gambling games, or employed by a person or concern contracting with or approved by the association to provide a gambling game related service or commodity that requires their presence on association grounds, if in good standing and the holder of a current license issued by the gaming commission is considered a licensee of the commission, or must the person shall obtain a commission license if not in good standing and the holder of a current license issued by the gaming commission. Any A licensee under this subsection is responsible for any and all obligations imposed upon on a commission licensee under these rules and is subject to any sanctions, penalties, and/or or fines for any the violation of commission rules. (d) Persons required to be separately licensed by the commission shall submit a completed application on forms furnished by the commission and accompanied by the required fee. (e) License applicants may be required to furnish to the commission a set of fingerprints and a recent photograph, and may be required to be refingerprinted fingerprinted again or rephotographed periodically as determined by the commission. (f) The determination whether to issue a license may be placed in a pending status awaiting information requested and deemed necessary by the commission or its designee. Sec. 6. By acceptance of a license or by engaging in activities that require a license by the commission, a licensee consents to search and inspection by the commission or its agents and to the seizure of any prohibited medication, controlled substances, paraphernalia, or devices in violation of state or federal law or these rules. Any Seized drugs, medication, or other materials may be forwarded by the commission or its agents to the official chemist for analysis. The analysis of materials seized under the provisions of this section is not subject to 71 IAC 8-4 or 71 IAC 8.5-3. Sec. 12. The commission, the judges, or the executive director as the commission's designee may refuse to issue a license. The decision to refuse a license is treated as a withdrawal of the license application without prejudice and is not reported to the ARCI or USTA. If an applicant is refused, the applicant may reapply for a license. An applicant may contest a refusal within fifteen (15) days of notice of the refusal. If an applicant contests a license refusal, the judges (or an administrative law judge if the judges are unavailable) shall conduct a hearing pursuant to under the procedures provided for in 71 IAC 10 and IC 4-21.5. Nonetheless, the hearing on a license refusal is not considered to be a disciplinary action. If the judges affirm the decision to refuse a license application, the refusal shall be is treated as the denial of the application, consistent with these rules. Sec. 13. If an applicant contests the basis of the denial of a license application not later than fifteen (15) days after notice is served, an administrative law shall conduct a hearing pursuant to the procedures provided for in 71 IAC 10. Nonetheless, a hearing challenging the denial of a license application is not considered to be a disciplinary action. The commission may formally deny an application in accordance with these rules. An application which that is denied shall be reported: Sec. 21. (a) The commission or its designee shall refuse, deny, suspend, or revoke the license of a person whose spouse holds a license and which that the commission or judges find to be a conflict of interest. (b) A commissioner, commission employee, or racing official shall not be an owner of a horse and shall not accept breeder awards at a race meeting where they have jurisdiction. (c) A racing official who is an owner of either the sire or dam of a horse entered to race shall not act as an official with respect to that race. (d) A person who is licensed as an owner, a trainer, or an assistant trainer, or has any financial interest in a horse registered for racing at a race meeting in this jurisdiction, shall not be employed or licensed at that race meeting as any of the following: (e) Veterinary helpers shall not be licensed in any other capacity that allows access to the stable area. Sec. 22. (a) All Licensees shall carry on their person at all times within the enclosure their assigned commission license (photo identification badge). (b) A person shall present an appropriate license to enter a restricted area. (c) The judges, the commission’s director of security or another representative of the commission, or track security may require visible display of a license in a restricted area. (d) A license may only be used by the person to whom it is issued. Sec. 28. (a) The executive director or the judges may refuse the license of an owner, declare the horse(s) horse or horses at issue ineligible to race, require the horse(s) horse or horses at issue to be stabled on the grounds of the association, and/or or place a horse on the judge's list if the seller is suspended, barred, has had his or her their license refused, or is otherwise unlicensable unable to be licensed. In making such a that determination, the executive director or judges may consider any information that they deem relevant, including, but not limited to, the following: (b) For flat racing, upon claim, sale, or any transfer of ownership, if the foal certificate is not otherwise on file with the racing office, the previous owner shall present the foal certificate to the racing secretary within seventy-two (72) hours of the change of ownership.  Sec. 30. No person, unless currently licensed and in good standing as a jockey, an exercise rider, a pony person, a trainer, an assistant trainer, or an outrider, may be mounted on horseback while on association grounds. The stewards, with good cause and in consultation with the outrider, may grant temporary and limited exemptions to this section for specific individuals. These exemptions must be in writing and clearly identify the individual and dates and times when the exemption is valid.  Sec. 31. (a) A person mounted on a horse or stable pony on the association grounds shall wear a properly secured safety helmet at all times. Additionally, all members of the starting gate crew shall also adhere to this section at all times while performing their duties or handling a horse. For the purpose of this section, a member of the starting gate crew means any person licensed as an assistant starter or who handles a horse at the starting gate. (b) A safety helmet must comply with the Horseracing Integrity and Safety Authority’s Rule 2293(a)(6). The licensee is responsible for providing enough evidence that their safety helmet meets this standard.  (c) A safety helmet may not be altered in any way, nor may the product marking be removed or defaced.  Sec. 32. (a) A person mounted on a horse or stable pony on the association grounds shall wear a properly secured safety vest at all times. Additionally, all members of the starting gate crew shall also adhere to this section at all times while performing their duties or handling a horse. For the purpose of this section, a member of the starting gate crew means any person licensed as an assistant starter or who handles a horse at the starting gate. (b) A safety vest must comply with the Horseracing Integrity and Safety Authority’s Rule 2293(b)(6). The licensee is responsible for providing enough evidence that their safety vest meets this standard. (c) A safety vest may not be altered in any way, nor may the product marking be removed or defaced. Sec. 1. (a) Each A person who has at least a five percent (5%) or more ownership or beneficial interest in a horse is required to be licensed. An applicant for an owner's license can be of any age. (b) An applicant for an owner's license shall own or lease a horse which that is: (c) If younger than eighteen (18) years of age, an applicant for an owner's license shall submit a notarized affidavit from his or her their parent or legal guardian stating that the parent or legal guardian assumes responsibility for the applicant's financial, contractual, and other obligations relating to the applicant's participation in racing. In addition, the parents or legal guardians of an applicant for an owner's license under the age of eighteen (18) must years of age shall be licensed as an owner owners. (d) If the commission or its designee has reason to doubt the financial responsibility of an applicant for an owner's license, the applicant may be required to complete a verified financial statement. (e) Each licensed owner and trainer is responsible for disclosure to the commission or its designee of the true and entire ownership of each of his or her their horses registered with the racing secretary. Any A change in ownership of a horse registered with the racing secretary shall be approved by the judges. Each owner shall comply with all licensing requirements. (f) Each licensed owner is responsible for disclosure to the commission or its designee of the identity of the true and bona fide trainer of each of his or her their horses registered with the racing secretary. Any A change in the trainer of a horse registered with the racing secretary shall be approved by the judges. Each trainer shall comply with all licensing requirements. (g) The commission or its designee may refuse, deny, suspend, or revoke an owner's license for the spouse, member of the immediate family, or household of a person ineligible to be licensed as an owner, unless there is a showing by clear and convincing evidence on the part of the applicant or licensed owner, and the commission determines that participation in racing will not permit a person to serve as a substitute for an ineligible person. To the extent the commission or its designee obtains information that raises a reasonable suspicion that any other person may be serving as a substitute for a person ineligible to be licensed as an owner, any a horse whose ownership is in question may be placed on the judge's list. In such event, any a horse whose bona fide ownership is at issue is ineligible to race until such time that the issue is proven by the entrant of the horse by clear and convincing evidence in accordance with the provisions of 71 IAC 7-1-35 or 71 IAC 7.5-5-2. The transfer of a horse to circumvent the intent of a commission rule or ruling is prohibited. (h) Each A person licensed as an owner consents to the release of records or information required by these rules relating to the medication, care, and/or or treatment of a horse by a veterinarian. Additionally, each owner waives and releases any claim that he or she they might have against any a veterinarian resulting from, or in any way relating to, the release of records or information to the commission pertaining to the medication, care, and/or or treatment of a horse. This provision also serves as and provides a corresponding consent and waiver by and on behalf of the trainer of each of the owner's horses. Sec. 4. (a) All For standardbred racing, the current year registrations of stable names by the USTA shall be are recognized in Indiana upon payment of the appropriate fees. (b) Licensed owners and lessees may adopt a stable name subject to the approval of the USTA for standardbred racing and the commission for flat racing. (c) The applicant shall identify all persons using the stable name. Changes shall be reported immediately to the commission. (d) A person who has registered a stable name may cancel it upon written notice to the commission. (e) The stable name and the name of the owner shall must be published in the program. (f) All persons people using a stable name shall comply with all the rules regarding licensing of owners. (g) In the event If one (1) of the owners or persons listed in a registered stable is suspended, all horses shall be included. Sec. 5. (a) The racing colors to be worn by each driver or jockey in a race shall must be described in the program, and any change shall be announced to the public prior to the commencement of before the race begins. (b) For flat racing, owners or trainers shall provide racing colors, which may be subject to the approval of the commission, except at race tracks where colors are furnished by the association. Racing colors must be registered with the racing secretary. The stewards may authorize a temporary substitution of racing colors when necessary. Sec. 6. (a) The owner or owners of horses testing positive more than one (1) time during the preceding five (5) years for a prohibited substance other than phenylbutazone, flunixin, or ketoprofen, may, at the discretion of the executive director or the judges, be required to stable all horses participating in a race meet on the grounds of the association or place all the horses in the detention barn, or both, the day before or the day of the scheduled race, or both. A positive test under this section includes violations in Indiana and other jurisdictions. (b) Special consideration shall be given to positive tests for Class 1, 2, or 3 drugs as listed in the most recent version of the ARCI Unifor Uniform Classification Guidelines for Foreign Substances and Recommended Penalties Model Rule Version 18.0 Rules. Special consideration shall also be given to TC02 violations, blood gas violations, and to findings of any a drug, medication, or foreign substance administered within twenty-four (24) hours of a horse's scheduled race. Sec. 1. (a) An applicant for a license as a trainer or an assistant trainer shall be: (b) For standardbred racing, an applicant shall hold a currently valid trainer's license issued by the USTA or Standardbred Canada. Applicants holding Standardbred Canada licenses only shall provide a complete Standardbred Canada ruling history from that organization to the judges before being licensed. (c) For flat racing, a trainer's license from another jurisdiction, having been issued within a prior period as determined by the commission, may be accepted as evidence of experience and qualifications. Evidence of qualifications may require passing at least one (1) of the following: (b) (d) An applicant not previously licensed as a trainer shall be is required to pass a written or an oral examination and a demonstration of practical skills administered by: the USTA/CTA or their designee. before being licensed as a trainer. (c) (e) Each licensed owner and trainer is responsible for disclosure to the commission or its designee of the true and bona fide trainer of each of his or her their horses registered with the racing secretary. Any A change in the trainer of a horse registered with the racing secretary shall be approved by the judges or stewards. Each trainer shall comply with all licensing requirements. (d) (f) The commission may refuse, deny, suspend, or revoke a trainer's license for the spouse, member of the immediate family, or household of a person ineligible to be licensed as a trainer, unless there is a showing, by clear and convincing evidence, on the part of the licensed trainer, applicant, or licensed owner, and the commission determines that participation in racing will not permit a person to serve as a substitute for an ineligible person. The transfer of a horse to a trainer who would circumvent the intent of a commission rule or ruling is prohibited. (e) (g) The commission's designee may refuse a trainer's license for the spouse, member of the immediate family, or household of a person ineligible to be licensed as a trainer, unless there is a showing by clear and convincing evidence on the part of the licensed trainer, applicant, or licensed owner, and the commission determines that participation in racing will not permit a person to serve as a substitute for an ineligible person. (f) (h) To the extent the commission or its designee obtains information that raises a reasonable suspicion that any other person may be serving as a substitute for a person ineligible to be licensed as a trainer, any a horse that the substitute is training may be placed on the judge's list. In such event, any a horse involving an issue of the true and bona fide trainer is ineligible to race until such time that the issue is proven by the entrant of the horse by clear and convincing evidence in accordance with the provisions of 71 IAC 7-1-35 or 71 IAC 7.5-5-2. Sec. 2. (a) The trainer is responsible for: (b) A trainer shall prevent the administration of any drug or medication or other prohibited substance that may cause a violation of these rules. (c) A trainer whose horse has been claimed remains responsible for the race in which the horse is claimed. Sec. 3. (a) A trainer is responsible for the following: (b) Upon application by the owner, the judges may approve the transfer of such horses to the care of another licensed trainer, and, upon such after an approved transfer, such those horses may be entered to race. (c) No trainer shall assign any of his or her their duties or responsibilities to any a person that is disqualified or ineligible to participate in racing or is not appropriately licensed. (d) No trainer shall assume any of the above responsibilities in subsection (a) for a horse not under his or her the trainer’s active care, custody, and supervision. (e) No trainer shall practice his their profession except under his or her their own name. (f) No trainer shall train for another trainer licensed by the commission. Sec. 3.1. (a) A trainer or his or her their licensed designee shall be available to assist with the identification of his or her the trainer’s horse on the day of its scheduled race during the time period set forth in the track rules established by the association and approved by the commission or its executive director. (b) A horse may not be moved to any other stall after the association employee identifies the horse the morning of its scheduled race. (c) After the association employee identifies a horse the morning of its scheduled race, the horse may not be removed from its stall, with the exception of walking, bathing, shoeing, training, or emergency situations. Sec. 4. A trainer shall only be allowed to wager on his or her the trainer’s horse or entries to win or finish first in combination with other horses. 71 IAC 5-3-6 Substitute trainers Sec. 6. (a) A trainer, absent for more than five (5) days from his or her their responsibility as a licensed trainer, shall obtain another licensed trainer to substitute. (b) A substitute trainer shall accept responsibility for the horses and be approved by the judges. (c) A substitute trainer and the absent trainer shall be are jointly responsible as absolute insurers of the condition of their horses entered in an official race pursuant to under this section. Sec. 1. (a) A person who desires to drive harness horses in pari-mutuel races and/or or qualifying races, or both, shall first apply for and obtain a license prior to before driving in races and qualifying races at tracks licensed by the commission, along with the recommendation of the judges. (b) Every An applicant for a driver's license shall satisfy the judges, in a manner prescribed by the judges, that he or she the applicant meets all of the following qualifications: (c) Proper licensing notwithstanding, the judges at any race meeting may refuse to permit any a driver to compete in a race if, in their judgment, he or she the driver is unfit, unqualified, or too inexperienced to drive. The driver may be required to submit to a physical examination under conditions specified by the judges. (d) A person aspiring to become a driver may, after successfully completing a written examination administered by the USTA or CTA, apply for licensing to drive in qualifying races and non-betting races only. Persons granted "QF" (qualifying fair) licenses shall may not be less than sixteen (16) years of age and shall have the approval of the judges. All such The persons driving in such those races shall do so under the scrutiny of the judges and, where instituted, a horsemen's advisory committee, which shall present its observations to the judges in writing. To aid in making a determination on the ability and qualification of the holder of a "QF" (qualifying fair) license, the judges may require the driver to go a rated mile, with the times for the mile and the quarters thereof to be declared beforehand by the driver. (e) A driver holding a provisional license shall not be considered for advancement to a full license by the judges until he or she the driver has qualified pursuant to under one (1) of the following provisions: (f) A driver who presently holds a license and wishes to obtain a license in a higher category and who has not previously submitted to a written test may be required to take a written test before becoming eligible to obtain a license in a higher category. (g) Repeated rule violations shall be are considered grounds for refusal to grant, or grounds for revocation of, any driver's license. Sec. 1. (a) No person under eighteen (18) years of age shall be licensed by the commission as a jockey or an apprentice jockey. However, a jockey or an apprentice jockey sixteen (16) years of age or older, who has previously been licensed in another jurisdiction, may be licensed by the commission. (b) A jockey shall pass a physical examination given within the previous twelve (12) months by a licensed physician affirming fitness to participate as a jockey. The stewards may require that a jockey be reexamined and may refuse to allow a jockey to ride pending completion of that examination. (c) An applicant shall show competence by prior licensing and the demonstration of riding ability, which may include participation in up to five (5) races with the prior approval of the stewards, with the consideration of the recommendations from the starter, head outrider, and designated representatives of the jockeys and horsemen at the track. The demonstration of riding ability is defined at a minimum of: (d) A jockey may be licensed as an owner or a trainer; however, the jockey may not accept an engagement to ride a horse not owned or trained by the jockey in a race where a horse owned or trained by the jockey is also entered. (e) A person whose weight exceeds one hundred thirty (130) pounds at the time of application shall not be licensed as a jockey. (f) A jockey shall fulfill all engagements except by permission of the stewards for good cause. Sec. 2. (a) An applicant may be prohibited from riding until the stewards or commission has enough opportunity to verify the applicant's previous riding experience. (b) The conditions of an apprentice jockey license do not apply to quarter horse racing. A jockey's performance in quarter horse racing does not apply to the conditions of an apprentice jockey license. (c) An applicant with an approved apprentice certificate may be licensed as an apprentice jockey. (d) An apprentice certificate may be obtained from the stewards on a form provided by the commission. A person shall not receive more than one (1) apprentice certificate. In case of emergencies, a copy of the original may be obtained from the commission where it was issued. (e) An apprentice jockey shall ride with a ten (10) pound weight allowance, beginning with the apprentice jockey's first mount until the apprentice wins five (5) races. Once the apprentice jockey wins their fifth race, they shall ride with a seven (7) pound weight allowance for a period of one (1) year from the date of their fifth win. During that year, if the apprentice jockey wins a total of forty (40) races, they will ride with a five (5) pound allowance until that year is up. If the apprentice jockey does not win forty (40) races during that year, they retain their apprenticeship for an additional year or until the fortieth win. After that time, if the apprentice jockey does not win forty (40) races in the second year, they will no longer be considered an apprentice jockey; they will become a journeyman jockey. (f) If an apprentice jockey is unable to ride for a period of at least seven (7) consecutive days after the date of the apprentice jockey's fifth winning mount because of service in national armed forces, enrollment in an institution of secondary or higher education, or physical disablement, the commission may extend the time during which the apprentice weight allowance may be claimed for a period not to exceed the period the apprentice jockey was unable to ride. The apprentice jockey extension form approved by the commission shall be completed and provided to the commission. The commission currently licensing the apprentice jockey shall have the authority to grant an extension to an eligible applicant, but only after the apprentice has produced on the approved form documentation verifying time lost as defined by this rule. An apprentice may petition one (1) of the jurisdictions where they are licensed and riding for an extension of the period for claiming apprentice weight allowances, and shall be bound by the decision of the jurisdiction so petitioned. (g) The conditions set forth in section 1 of this rule also apply. Sec. 3. When applying for a license in this jurisdiction, a jockey from a foreign country shall declare that they hold a valid license in the jockey's country and is currently not under suspension. To facilitate this process, the jockey shall present this information in a language recognized in this jurisdiction to the commission. Sec. 4. (a) A jockey shall give a best effort during a race, and each horse shall be ridden to win. A jockey shall not ease up on or coast to the finish, without reasonable cause, even if the horse has no apparent chance to win prize money. (b) A jockey shall not have a valet attendant except one provided and compensated by the association. (c) No person other than the licensed contract employer or a licensed jockey agent may make riding arrangements for a rider, but a jockey not represented by a jockey agent may make the jockey's own riding engagements. (d) A jockey shall have not more than one (1) jockey agent. (e) No revocation of a jockey agent's authority is effective until the jockey notifies the stewards in writing of the revocation of the jockey agent's authority. (f) A jockey is required to have their colors (silks) and rain jacket tucked into their pants at all times while visible to the public. However, during inclement weather, the stewards may permit a jockey to not tuck their rain jacket into their pants provided their silks are appropriately tied at or above the waist, ensuring a uniform and tidy appearance. All rain jackets must be white. Sec. 5. A jockey shall only be allowed to wager on a race in which the jockey is riding. A jockey shall only be allowed to wager if: Sec. 6. A jockey shall not compete in a race against a horse that is owned or trained by the jockey's spouse. Sec. 7. In the absence of a contract or special agreement, jockey mount fees are as follows: Purse Winning Mount Second Place Mount Third Place Mount Losing Mount $5,000–$9,999 10% of Win Purse $90 $75 $65 $10,000–$14,999 10% of Win Purse 5% of Place Purse $85 $75 $15,000–$24,999 10% of Win Purse 5% of Place Purse $100 $80 $25,000–$49,999 10% of Win Purse 5% of Place Purse 5% of Show Purse $90 $50,000–$99,999 10% of Win Purse 5% of Place Purse 5% of Show Purse $100 $100,000 and Up 10% of Win Purse 5% of Place Purse 5% of Show Purse $125 Sec. 2. (a) A licensed authorized agent may perform on behalf of the licensed owner-principal all acts as relate related to racing, as specified in the agency appointment, that could be performed by the principal if such that principal were present. (b) In executing any a document on behalf of the principal, the authorized agent shall clearly identify the authorized agent and the owner-principal. (c) When an authorized agent enters a claim for the account of a principal, the name of the licensed owner for whom the claim is being made and the name of the authorized agent shall must appear on the claim slip or card. (d) Authorized agents are responsible for disclosure of the true and entire ownership of each horse for which they have authority. Any A change in ownership shall be reported immediately to and approved by the judges, and for standardbred racing, reported to the USTA for recording. Sec. 1. (a) An applicant for a license as a jockey agent shall: (b) A jockey agent's license from another jurisdiction may be accepted as evidence of experience and qualifications. Evidence of qualifications may require passing one (1) or both of the following: (c) Applicants not previously licensed as jockey agents are required to pass a written and an oral examination. Sec. 2. A jockey agent may serve as agent for not more than two (2) jockeys and one (1) apprentice jockey. Sec. 3. (a) A jockey agent shall not make or assist in making engagements for a jockey other than the jockeys the agent is licensed to represent. (b) A jockey agent shall have completed the appointment of jockey agent form provided by the commission for the jockeys they represent. Furthermore, the agent shall complete the revocation of appointment when the agent withdraws or is discharged from representation. This form shall be filed with the stewards before the first draw in which a jockey is listed to ride. (c) A jockey agent shall notify the stewards, in writing, before withdrawing from representation of a jockey and submit to the stewards a list of any unfulfilled engagements made for the jockey. (d) Persons permitted to make riding engagements shall maintain current and accurate records of all engagements made, and those records are subject to examination by the stewards at any time. (e) The stewards may require a jockey agent located outside Indiana, whose jockey is licensed and riding in Indiana, to secure an Indiana license and file the applicable forms. Sec. 4. A jockey agent is prohibited from entering the winner's circle, racing strip, paddock, or saddling enclosure during the hours of racing, unless permitted by the stewards. Sec. 5. (a) When a jockey agent withdraws from representation of a jockey, the jockey agent shall immediately notify the stewards and submit to the stewards a list of any unfulfilled engagements for the jockey. (b) A jockey agent shall not be permitted to withdraw from the representation of a jockey unless written notice to the stewards has been provided. Sec. 1. (a) An applicant for a license as a horseshoer shall be: (b) A horseshoer's license from another jurisdiction, having been issued within a prior period as determined by the commission, may be accepted as evidence of experience and qualifications. Evidence of qualifications may require passing at least one (1) of the following: (b) (c) Applicants not previously licensed as a horseshoer shall be are required to: Sec. 1. Fees not specified elsewhere under IC 4-31 or this title for standardbred racing are specified under this rule. Sec. 4. Licensing fees for individuals licensed by the commission for standardbred pari-mutuel racing are as follows: Sec. 5. Badge fees for individuals licensed by the commission for standardbred pari-mutuel racing are as follows: Sec. 1. (a) For the purpose of this rule, overnight events shall include: or a combination thereof. (b) At extended meetings, condition sheets must be available to participants at least twenty-four (24) ninety-six (96) hours prior to before closing declarations to any race program contained therein. At other meetings, conditions must be posted and available to participants at least eighteen (18) hours prior to closing declarations. (c) A fair and reasonable racing opportunity shall must be afforded given to both trotters and pacers in reasonable proportion from those available and qualified to race. (d) Substitute races may be provided for each race program and shall must be so designated in condition books sheets. A substitute race may be used when a regularly scheduled race fails to fill. (e) Regularly scheduled races or substitute races may be divided where necessary to fill a program of racing or may be divided and carried over to a subsequent racing program subject to the following: Sec. 5. (a) The conditions for eligibility to a race may not be changed once entries are taken except that an error may be corrected with the consent of the judges under circumstances that may include: (b) No change in trainers of a horse, entered and drawn to start, will be permitted. In the event of such If a change is made, the horse will be scratched and the parties responsible therefore shall be are subject to fine or suspension. No change in ownership of a horse is permitted after the horse has been entered and drawn to start. In the event of such If a change is made, the horse will be scratched and the parties responsible shall be are subject to penalties. (c) No owner shall list as the trainer of a horse a person who is not in fact the trainer of such that horse, and no trainer shall allow his or her their name to be shown on the declaration form nor the official program as trainer of a horse which he or she that the trainer does not in fact have under his or her their care and supervision as trainer of the horse. The judges may require proof that a person listed as the trainer of a horse is in fact the actual trainer of that horse. Sec. 7. The entries of any person or the transfer of any an entry may be refused without notice by the judges or association with good cause. Sec. 26. (a) No horse shall be is considered scratched from a race for a medical reason until the judges are notified by a scratch slip or fax from a veterinarian or by phone from the trainer if an emergency traffic situation exists. Notification of scratches to anyone other than the judges will not be recognized. When scratching a horse, the following information must be given: (b) Time of notification will be considered the date the horse was scratched in accordance with 71 IAC 8-9-1(a) and (b) [71 IAC 8-9-1(a) and 71 IAC 8-9-1(b)] 71 IAC 8-9-1(b). If a horse is scratched on an off day, a fax must be sent to the licensing office and the date of the fax the judges shall be notified, and the date the judges are notified will be considered the scratch date. (c) Any A horse scratched and not reported before scratch time, depriving an also eligible horse from participating in the race at issue, may result in the sanctioning or penalization of that trainer/veterinarian. the trainer or veterinarian. Sec. 29. (a) The permit holder shall provide a locked box with an aperture through which declarations shall be deposited. With the approval of the judges, the racing secretary or his designee may open the entry box. Upon opening the entry box, it must be declared empty by a race office official and judge or their designee prior to being relocked for the next race date entries. Race entries placed in the qualifying box in error shall not be considered as entered for pari-mutuel races. (b) (a) No owner, trainer, or agent for a horse with a declaration in the entry box shall be denied the privilege of being present when the box is open for the draw. (c) (b) The racing secretary responsibilities shall include: (d) (c) If it is necessary to reopen any a race, a public announcement and an announcement over text shall be made at least twice within one (1) hour of the closing of entries. (e) (d) The judges shall conduct the draw for post positions along with a representative of the horsemen. (f) Declarations by mail, telegraph, or telephone actually received and evidence of which is deposited in the box before the time specified to declare in shall be drawn in the same manner as the others. Such drawings shall be final. Mail, telephone, and telegraph declarations must contain all information required by the racing secretary. It shall be the responsibility of the racing secretary to see that such entries are signed by the person receiving such entries. (g) (e) When a track requires a horse to be declared at a stated time, failure to declare as required shall be is considered a withdrawal from the event. (h) (f) After declarations to start have been made, no horse shall be withdrawn from the race except by permission of the judges. A fine or suspension, or both, shall be imposed for drawing a horse without permission, and the penalty shall apply applies to both the horse and the party who that violates this rule. (i) (g) In all races, drawings shall be are final unless: Notwithstanding, any redraws must be preapproved by the judges. (j) (h) If a redraw is approved under subsection (i) (g), and the race in question is at least two (2) or more divisions, the redraw will involve placing the horse in the division with fewer horses and redrawing, or drawing by lot the division to be redrawn. Sec. 30. (a) Not more than two (2) horses may be drawn as also eligibles for a race, and their positions shall be drawn along with the starters in the race. In the event If at least one (1) or more horses are horse is excused by the judges, the also eligible horse or horses shall race and take the post position drawn by the horse that it replaces, except in handicap races. In handicap races, the also eligible horse shall take the place of the horse that it replaces in the event that if the handicap is the same. In the event If the handicap is different, the also eligible horse shall take the position on the outside of horses with a similar handicap. In races with one (1) trailer, the trailing position shall be is the fourth best post position. No horse may be added to a race as an also eligible unless the horse was drawn as such also eligible at the time declarations closed. No horse may be barred from a race to which it is otherwise eligible by reason of its preference due to the fact that because it has been drawn as an also eligible. A horse moved into the race from the also eligible list can only be withdrawn for good cause by permission of the judges, but the owner or trainer of such a that horse shall be notified that the horse is to race, and it shall be posted at the racing secretary's office. All horses on the also eligible list and not moved in to race by the time prescribed by the judges on the day before the race shall be released. (b) Preference shall be is given in all overnight events according to a horse's last previous purse race during the current year. The preference date on a horse that has drawn to race and had been scratched is the date of the race from which he the horse was scratched. Preference dates shall also be determined as follows: (1) When a horse is racing for the first time in the current year, the date of that horse's first successful qualifying race shall be is considered its last race date, and preference applied accordingly; provided however, that where an overnight race has been reopened because it did not fill, all eligible horses declared in to the race prior to before the reopening shall receive preference over subsequently declared, irrespective of the actual preference date or being Indiana sired preferred. (2) All horses granted stalls and eligible must be given the opportunity to compete at the meeting. Sec. 2. (a) Horses shall be in the hands of the starter and judges from the time they arrive on the track until the start is effected starter calls. (b) Horses shall be in the hands of the starter from the time the starter calls until the start is effected. (b) (c) After entering the track, not more than twelve (12) minutes shall may be consumed in the parade of the horses to the post except in cases of unavoidable delay. Sec. 8. (a) No persons shall be allowed to ride in the starting gate except the starter and his or her their driver or operator and a patrol judge unless permission has been granted by the commission or the association. (b) Use of a mechanical loudspeaker for any purpose other than to give instructions to drivers is prohibited. The volume shall may not be no higher than necessary to carry the voice of the starter to the drivers. (c) In the event If there are two (2) tiers of horses, the withdrawing of a horse that has drawn or earned a position in the front tier shall will not affect the position of the horses that have drawn or earned positions in the second tier. Whenever a horse is drawn from any tier, horses on the outside move in to fill the vacancy. In a race with a single trailer, the driver may select any position in the second tier. In a race with multiple trailers, the driver of the first horse in the second tier may elect to score out behind the first or second horse in the first tier. The horse drawing the second post in the second tier shall score behind the third or fourth horse in the first tier. The horse drawing the third post in the second tier shall score behind the fifth or sixth horse. Sec. 23. It shall be is the responsibility of the owner, trainer, or driver to provide every sulky used in a race with wheel disks on the inside and outside of the wheel of a type approved by the commission. In his or her their discretion, the presiding paddock judge may order the use of mud fenders and mud aprons, which shall be are provided by the owners, trainers, or drivers. Sec. 2. (a) A breeder award means the award is paid to the breeder of a registered Indiana bred which wins any race that meets the eligibility criteria outlined in the thoroughbred breed development program approved by the commission under IC 4-31-11-9. Breeder awards may be paid for any race specified in subsection (c) contested at a licensed pari-mutuel track located in Indiana. (b) In the event of multiple breeders, the award will be paid to the individual designated as the recipient on the foal application. It is the responsibility of the designated recipient to distribute monies to the remaining breeders. (c) The amount of the award or awards in races at a licensed pari-mutuel track in Indiana is must be at least twenty percent (20%) of the purse, including supplements, for all stake, allowance (including maiden special weight, starter allowance for at least ten thousand (10,000) or more, dollars ($10,000), optional claiming for at least ten thousand (10,000) or more & dollars ($10,000), and maiden optional claiming for at least ten thousand (10,000) or more), dollars ($10,000)), and claiming races when entered for a claiming price of greater than or equal to ten thousand dollars ($10,000). (d) The distribution of the award or awards will be paid as approved by the commission after reviewing annual recommendations by the thoroughbred breed development advisory committee under IC 4-31-11-9. (d) (e) The total purse supplement available shall be included in calculating breeder's awards. (e) (f) Awards will be paid by the commission. Sec. 4. (a) A stallion owner award is the an award is paid to the owner or lessee of a registered Indiana stallion whose registered progeny have won any race meets the eligibility criteria outlined in the thoroughbred breed development program approved by the commission under IC 4-31-11-9. Stallion awards may be paid for any race specified in subsection (c) contested at a licensed pari-mutuel track located in Indiana. (b) In the event of multiple stallion owners, the award will be paid to the individual designated as the recipient on the stallion application. It is the responsibility of the designated recipient to distribute monies to the remaining stallion owners. (c) The amount of the award or awards in races at a licensed pari-mutuel track in Indiana is must be a at least ten percent (10%) of the gross purse, including supplements, for all stake, allowance (including maiden special weight, starter allowance for at least ten thousand (10,000) or more, dollars ($10,000), optional claiming for at least ten thousand (10,000) or more & dollars ($10,000), and maiden optional claiming for at least ten thousand (10,000) or more), dollars ($10,000)), and claiming races when entered for a claiming price of greater than or equal to ten thousand dollars ($10,000). (d) The distribution of the award or awards will be paid as approved by the commission after reviewing annual recommendations by the thoroughbred breed development advisory committee under IC 4-31-11-9. (d) (e) The total purse supplement available shall be included in calculating stallion owner's awards. (e) (f) Awards will be paid by the commission. (f) (g) The award will be paid to the owner or lessee of the registered stallion at the time of conception. The stallion must have been registered at the time of conception. Sec. 1. (a) "Indiana bred" means a foal from a mare who resides residing in the state continuously, from August 1 of the breeding year through the time of foaling, and is properly registered with the commission. (b) In order To be registered as an Indiana bred foal, the mare of the foal must: (c) Mares which that have not been bred by the August 1 deadline may be registered late, but must reside in Indiana and be registered prior to  being bred. (d) 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. Notification to the commission must be made in writing for mares leaving the state prior to before participating in an advertised public sale. Upon return After returning to the state, the mare must be reregistered with the commission. Reregistration must occur with the fourteen (14) day period following the sale. (e) The commission must be notified in writing by email, fax, or mail and provide proper documentation for any registered mare leaving the state for medical treatment. Notification must be made within seventy-two (72) hours of the date which the mare left the state. (f) The Indiana bred foal must: (g) Foals not registered within thirty (30) days of the foaling date may be registered as follows: (h) For eligibility purposes, the foal is not considered Indiana bred until registration paperwork and applicable late fees are received by the commission. (i) For foals of 2009 and prior, "Indiana bred" is defined as a horse whose breeder(s) breeder or breeders as listed with the USTA are residents of Indiana. Any A partnership or corporation registered by the USTA and listed as a breeder must be entirely composed of Indiana residents. Sec. 1. (a) An owner award is the award paid to the owner of a registered Indiana bred quarter horse that places first, second, or third in any race, except claiming races when entered for a claiming price of less than five thousand dollars ($5,000) or any speed index race, at a licensed pari-mutuel racetrack in Indiana. (b) In the event of multiple owners, the award will be paid to the individual listed first on the Equibase result chart. It is the responsibility of the individual who receives the owner award to distribute these monies to the remaining owners. (c) For Indiana bred races, the amount of the award is twelve and one-half percent (12.5%) of the gross purse, and distribution is: (d) For open overnight races and open stakes, the amount of the award is twelve and one-half percent (12.5%) of the gross purse, and distribution is: (c) The amount of the award in races at a licensed pari-mutuel track in Indiana shall be determined annually by the commission after reviewing recommendations by the quarter horse breed development committee. (e) (d) Awards will be paid by the commission. Sec. 2. (a) A breeder award is the award paid to the breeder of a registered Indiana bred quarter horse that places first, second, or third in any race, except claiming races when entered for a claiming price of less than five thousand dollars ($5,000), or any speed index race, at a licensed pari-mutuel racetrack located in Indiana. (b) In the event of multiple breeders, the award will be paid to the individual designated as the recipient on the foal application. It is the responsibility of the designated recipient to distribute these monies to the remaining breeders. (c) For Indiana bred races, the amount of the award is seventeen and one-half percent (17.5%) of the gross purse, and distribution is:  (d) For open overnight races and open stakes, the amount of the award is seventeen and one-half percent (17.5%) of the gross purse, and distribution is: (c) The amount of the award in races at a licensed pari-mutuel track in Indiana shall be determined annually by the commission after reviewing recommendations by the quarter horse breed development committee. (e) (d) Awards will be paid by the commission. (f) (e) For breeder awards earned January 1, 2013, and thereafter, the recipient is the owner of the dam at the time of the dam's registration with the breed development program. Sec. 3. (a) A stallion owner award is the award paid to the owner or lessee of a registered Indiana stallion whose registered progeny places first, second, or third in any race, except claiming races when entered for a claiming price of less than five thousand dollars ($5,000), or any speed index race, at a licensed pari-mutuel racetrack located in Indiana. (b) In the event of multiple stallion owners, the award will be paid to the individual designated as the recipient on the stallion application. It is the responsibility of the designated recipient to distribute these monies to the remaining stallion owners. (c) For Indiana bred races, the amount of the award is twelve and one-half percent (12.5%) of the gross purse, and distribution is: (c) The amount of the award in races at a licensed pari-mutuel track in Indiana shall be determined annually by the commission after reviewing recommendations by the quarter horse breed development committee. (e) (d) Awards will be paid by the commission. (f) (e) The award will be paid to the owner or lessee of the registered stallion at the time of conception. (g) (f) No stallion standing outside Indiana and shipping semen into the state will be eligible to participate in any stallion breed development awards.