§ 2-1213. Horseracing; issuance of licenses limited; race of Nebraska-bred horses; commission designate official registrar; Nebraska-bred horse; registration required; fees.

(1)(a) No license shall be granted for racing on more than one racetrack in any one county, except that the commission may, in its discretion, grant a license to any county agricultural society to conduct racing during its county fair notwithstanding a license may have been issued for racing on another track in such county. (b) Since the purpose of sections 2-1201 to 2-1218 is to encourage agriculture and horse breeding in Nebraska, every licensee shall hold at least one race on each racing day limited to Nebraska-bred horses, including thoroughbreds or quarterhorses. Three percent of the first money of every purse won by a Nebraska-bred horse shall be paid to the breeder of such horse. (2) For purposes of this section, Nebraska-bred horse shall mean a horse registered with the Nebraska Thoroughbred or Quarter Horse Registry and meeting the following requirements: (a) It shall have been foaled in Nebraska; (b) its dam shall have been registered, prior to foaling, with the Nebraska Thoroughbred or Quarter Horse Registry; and (c) its dam shall have been continuously in Nebraska for ninety days immediately prior to foaling, except that such ninety-day period may be waived in the case of a mare in foal which is purchased at a nationally recognized thoroughbred or quarterhorse blood stock sale, the name and pedigree of the mare being listed in the sale catalog, and which is brought into this state and remains in this state immediately prior to foaling. (3) The requirement that a dam shall be continuously in Nebraska for ninety days unless waived, as specified in subdivision (2)(c) of this section, shall not apply to a dam which is taken outside of Nebraska to be placed for sale at a nationally recognized thoroughbred or quarterhorse blood stock sale, the name and pedigree of the mare being listed in the sale catalog, or for the treatment of an extreme sickness or injury, if written notice of such proposed sale or treatment is provided to the secretary of the commission within three days of the date such horse is taken out of the state. (4) The commission shall designate official registrars for the purpose of registration and to certify the eligibility of Nebraska-bred horses. An official registrar shall perform such duties in accordance with policies and procedures adopted and promulgated by the commission in the current rules and regulations of the commission. The commission may authorize the official registrar to collect specific fees as would reasonably compensate the registrar for expenses incurred in connection with registration of Nebraska-bred horses. The amount of such fee or fees shall be established by the commission and shall not be changed without commission approval. Fees shall not exceed two hundred dollars per horse. (5) A horse of any breed that meets the requirements of subsection (2) of this section to be eligible for registration with the Nebraska Thoroughbred or Quarter Horse Registry shall be registered with the appropriate official registrar designated by the commission within ninety days after being born. An owner or breeder that fails to register a horse that meets the requirements of subsection (2) of this section to qualify as a Nebraska-bred horse within such timeframe shall be subject to an administrative fee of up to one thousand dollars payable to the official registrar for the applicable breed. Any such fee shall be used to cover the costs of administering the official registrar's statutory duties. (6) Any decision or action taken by the official registrar shall be subject to review by the commission or may be taken up by the commission on its own initiative. History: Laws 1935, c. 173, § 13, p. 635; C.S.Supp.,1941, § 2-1513; R.S.1943, § 2-1213; Laws 1973, LB 178, § 1; Laws 1975, LB 342, § 1; Laws 1978, LB 867, § 1; Laws 1981, LB 136, § 1; Laws 1982, LB 839, § 1; Laws 1987, LB 708, § 6; Laws 1991, LB 334, § 1; Laws 1996, LB 1255, § 2; Laws 2005, LB 573, § 4; Laws 2021, LB561, § 15; Laws 2022, LB876, § 8; Laws 2026, LB1001, § 5.