Massachusetts SD 1309: An Act further regulating thoroughbred breeding

Bill Text

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SENATE DOCKET, NO. 1309        FILED ON: 1/17/2019 
SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 145 
 
The Commonwealth of Massachusetts 
_________________ 
PRESENTED BY: 
Paul R. Feeney 
_________________ 
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General 
 Court assembled: 
 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: 
An Act further regulating thoroughbred breeding. 
_______________ 
PETITION OF: 
 
NAME: DISTRICT/ADDRESS:  
Paul R. Feeney Bristol and Norfolk  
Michael O. Moore Second Worcester 2/1/2019 
James K. Hawkins 2nd Bristol 2/11/2019 

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SENATE DOCKET, NO. 1309        FILED ON: 1/17/2019 
SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 145 
By Mr. Feeney, a petition (accompanied by bill, Senate, No. 145) of Paul R. Feeney, Michael O. 
Moore and James K. Hawkins for legislation to further regulate thoroughbred breeding.  
Consumer Protection and Professional Licensure. 
 
The Commonwealth of Massachusetts 
 
_______________
 
In the One Hundred and Ninety-First General Court 
(2019-2020) 
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An Act further regulating thoroughbred breeding. 
 
 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows: 
 
1 SECTION 1.  Section 2 of chapter 128 of the General Laws, as appearing in the 2016 
2Official Edition, is hereby amended by striking out section (g) and inserting in place thereof the 
3following paragraph:- 
4   (g) Promote, develop and encourage through the Massachusetts thoroughbred 
5breeding  program, the breeding of thoroughbred horses by offering cash prizes to breeders of 
6such horses in the following manner: the Massachusetts Thoroughbred Breeders Association, 
7Inc. shall from, time to time, after discussion with the director of racing, set the percentages for: 
8(i) bonuses to be awarded to the breeder of a Massachusetts-bred thoroughbred horse of the purse 
9money won by that thoroughbred horse in a pari-mutuel running horse race if the horse finishes 
10first, second, third, fourth or fifth; (ii) incentives to the owner of the stallion, at the time of 
11service to the dam of such purse winner; provided, however, that (1) the stallion shall have been 
12registered by February 1 and stood the entire breeding season for that year; (2) the horse shall 

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13have finished first, second, third, fourth or fifth; and (3) the stallion shall be registered with the 
14Massachusetts Thoroughbred Breeders Association and shall not be registered to stand in any 
15other state that year; and (iii) incentives for the purse monies won by the thoroughbred horse in 
16any unrestricted or restricted pari-mutuel running horse race held within or outside the 
17commonwealth to the owner of a Massachusetts-bred and accredited horse if the horse finishes 
18first, second, third, fourth or fifth. 
19 The Massachusetts Thoroughbred Breeders Association, Inc. may pay incentives for 
20races to be limited to Massachusetts-bred and accredited thoroughbred race horses from the 
21Massachusetts thoroughbred breeding program at licensed pari-mutuel race meetings authorized 
22by the Massachusetts gaming commission and after discussion with the division of racing, and to 
23pay cash incentives to encourage breeding in the commonwealth. Such races may be betting or 
24non-betting races and may be scheduled races by the licensee conducting the racing meeting. 
25Purse monies paid by the association under this section shall be in such amounts as the 
26association shall determine and may be the sole cash purse for such races or may be 
27supplemental to the cash purses established by the licensee; provided, however, that such 
28discretion shall include the discretion to set an overall cap on awards earned.  
29 No person shall be eligible for the prizes provided herein unless:  
30 (i) the foal of a thoroughbred mare that drops the foal in the commonwealth and is bred 
31back to a Massachusetts-registered stallion shall be deemed Massachusetts-bred;  
32 (ii) the foal of a thoroughbred mare who resides in the commonwealth continuously for at 
33least 90 days, including foaling and foals in the commonwealth, is Massachusetts-bred;  

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34 (iii) the foal that is raised in the commonwealth for 6 months continuously prior to 
35December 31 of its 2-year-old year is a Massachusetts-accredited horse; or 
36 (iv) in the case of clause (i),(ii) or (iii), each thoroughbred foal dropped or raised in the 
37commonwealth is registered with the Jockey Club and the Massachusetts Thoroughbred Breeders 
38Association, Inc.; and 
39 (v) prior to the first day of September of each year, each person standing a thoroughbred 
40stallion in the commonwealth at either private or public service shall file with the Massachusetts 
41Thoroughbred Breeders Association: (1) a list of all thoroughbre