99D.22 - NATIVE HORSES OR DOGS.

        99D.22  NATIVE HORSES OR DOGS.
         1.  A licensee shall hold at least one race on each racing day
      limited to Iowa-foaled horses or Iowa-whelped dogs as defined by the
      department of agriculture and land stewardship using standards
      consistent with this section.  However, if sufficient competition
      cannot be had among that class of horses or dogs on any day, another
      race for the day may be substituted.  A sum equal to twelve percent
      of the purse won by an Iowa-foaled horse or Iowa-whelped dog shall be
      used to promote the horse and dog breeding industries.  The twelve
      percent shall be withheld by the licensee from the breakage and shall
      be paid at the end of the race meeting to the state department of
      agriculture and land stewardship which in turn shall deposit it in a
      special fund to be known as the Iowa horse and dog breeders fund.
      The department shall pay the amount deposited in the fund that is
      withheld from the purse won by an Iowa-foaled horse to the breeder of
      the winning Iowa-foaled horse by December 31 of each calendar year.
      The department shall pay the amount deposited in the fund that is
      withheld from the purse won by an Iowa-whelped dog to the breeder of
      the winning Iowa-whelped dog by March 31 of each calendar year.  For
      the purposes of this section, the breeder of a horse shall be
      considered to be the owner of the brood mare at the time the foal is
      dropped.
         2.  For the purposes of this chapter, the following shall be
      considered in determining if a horse is an Iowa-foaled thoroughbred
      horse, quarter horse, or standardbred horse:
         a.  All thoroughbred horses, quarter horses, or standardbred
      horses foaled in Iowa prior to January 1, 1985, which are registered
      by the jockey club, American quarter horse association, or United
      States trotting association as Iowa foaled shall be considered to be
      Iowa foaled.
         b.  After January 1, 1985, eligibility for brood mare
      residence shall be achieved by meeting at least one of the following
      rules:
         (1)  Thirty days residency until the foal is inspected, if in foal
      to a registered Iowa stallion.
         (2)  Thirty days residency until the foal is inspected for brood
      mares which are bred back to registered Iowa stallions.
         (3)  Continuous residency from December 31 until the foal is
      inspected if the mare was bred by other than an Iowa registered
      stallion and is not bred back to an Iowa registered stallion.
         c.  To be eligible for registration as an Iowa thoroughbred,
      quarter horse, or standardbred stallion, the following requirements
      shall be met:
         (1)  Stallion residency from January 1 through July 31 for the
      year of registration.  However, horses going to stud for the first
      year shall be eligible upon registration with residency to continue
      through July 31.
         (2)  At least fifty-one percent of an Iowa registered stallion
      shall be owned by bona fide Iowa residents.
         d.  State residency shall not be required for owners of brood
      mares.
         3.  To facilitate the implementation of this section, the
      department of agriculture and land stewardship shall do all of the
      following:
         a.  Adopt standards to qualify thoroughbred, quarter horse, or
      standardbred stallions for Iowa breeding.  A stallion shall stand for
      service in the state at the time of the foal's conception and shall
      not stand for service at any place outside the state during the
      calendar year in which the foal is conceived.
         b.  Provide for the registration of Iowa-foaled horses and
      that a horse shall not compete in a race limited to Iowa-foaled
      horses unless the horse is registered with the department of
      agriculture and land stewardship.  The department may prescribe such
      forms as necessary to determine the eligibility of a horse.
         c.  The secretary of agriculture shall appoint investigators
      to determine the eligibility for registration of Iowa-foaled horses.

         d.  Establish a registration fee imposed on each horse which
      is a thoroughbred, quarter horse, or standardbred which shall be paid
      by the breeder of the horse.  The department shall not impose the
      registration fee more than once on each horse.  The amount of the
      registration fee shall not exceed thirty dollars.  The moneys paid to
      the department from registration fees shall be considered repayment
      receipts as defined in section 8.2, and shall be used for the
      administration and enforcement of this subsection.
         4. a.  The department of agriculture and land stewardship
      shall adopt rules establishing a schedule of registration fees to be
      imposed on owners of dogs that are whelped and raised for the first
      six months of their lives in Iowa for purposes of promoting native
      dogs as provided in this chapter, including section 99D.12 and this
      section.  The amount of the registration fees shall be imposed as
      follows:
         (1)  An owner of a dam registering the dam, twenty-five dollars.
         (2)  An owner of a litter registering the litter, ten dollars.
         (3)  An owner of a dog registering the dog, five dollars.
         b.  The moneys paid to the department from registration fees
      as provided in paragraph "a" shall be considered repayment
      receipts as defined in section 8.2, and shall be used for the
      administration and enforcement of programs for the promotion of
      native dogs.
         5.  To qualify for the Iowa horse and dog breeders fund, a dog
      shall have been whelped in Iowa and raised for the first six months
      of its life in Iowa in a state inspected licensed facility.  In
      addition, the owner of the dog shall have been a resident of the
      state for at least two years prior to the whelping.  The department
      of agriculture and land stewardship shall adopt rules and prescribe
      forms to bring Iowa breeders into compliance with residency
      requirements of dogs and breeders in this subsection.  
         Section History: Recent Form
         83 Acts, ch 187, § 22; 84 Acts, ch 1266, § 20, 21; 85 Acts, ch 67,
      §12; 95 Acts, ch 133, § 1--7; 2001 Acts, ch 129, §2; 2005 Acts, ch
      172, §19, 20; 2007 Acts, ch 211, §35
         Referred to in § 99D.9, 99D.10, 99D.12, 99D.13