Any person who has made a report of unclaimed pari-mutuel tickets to the racing commission as required by KRS § 230.362 shall, between November 1 and November 15 of each year, turn over to the racing commission the sum represented by the unclaimed pari-mutuel tickets so reported; but if the person making the report or the owner of the unclaimed pari-mutuel ticket certifies to the racing commission by sworn statement that any or all of the statutory conditions necessary to create a presumption of abandonment no longer exists or never did exist, or shall certify existence of any fact or circumstance in which there is substantial evidence to rebut such presumption, then, the person reporting the unclaimed pari-mutuel tickets or holding the sum represented by the unclaimed pari- mutuel tickets as reported shall not be required to turn over said sum to the racing commission except upon order of court. If the holder of any unclaimed pari-mutuel ticket files an action in court claiming the sum which has been reported under the provisions of KRS § 230.362, the person reporting or holding the sum represented by said unclaimed pari-mutuel ticket shall be under no duty while any such action is pending to turn over said sum to the racing commission, but shall have the duty of notifying the racing commission of the pendency of such action.
Effective: July 15, 2010

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Terms Used In Kentucky Statutes 230.363

  • Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
  • Racing commission: means the Kentucky Horse Racing Commission. See Kentucky Statutes 230.210
  • Sworn: includes "affirmed" in all cases in which an affirmation may be substituted for an oath. See Kentucky Statutes 446.010
  • Year: means calendar year. See Kentucky Statutes 446.010

History: Amended 2010 Ky. Acts ch. 24, sec. 463, effective July 15, 2010. — Amended
2004 Ky. Acts ch. 191, sec. 19, effective July 13, 2004. — Created 1978 Ky. Acts ch.
307, sec. 3, effective June 17, 1978.