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HB 388 (BR 1213) - L. Clark, J. Jenkins, D. Horlander, D. Keene

     AN ACT relating to the sale of horses.
     Create a new section of KRS Chapter 230 to require that the owner or seller of a horse used for racing or showing, including prospective racehorses, breeding prospects, stallions, stallion seasons, broodmares, yearlings, or weanlings or any interest therein disclose pertinent information concerning the equine's ownership and medical conditions and treatment; require that specified information be disclosed if requested so by the purchaser or if the equine is sold at public auction; provide that the failure to disclose or the discovery of a material, factual misrepresentation or omission in the disclosure nullifies all claimed and implied warranties; permit the purchaser to demand a refund and return the equine within 60 days of discovering a material, factual misrepresentation or omission; require that the names of persons and entities identified as owners of the equine be maintained by the auction house in the medical records repository and made readily available to any bona fide purchaser if the equine is sold at public auction; permit an injured party as a result of a material, factual misrepresentation or an omission to recover treble damages and be awarded legal expenses, including attorney's fees; exempt ownership transfers through claiming races from this section.

     Feb 8-introduced in House
     Feb 9-to Licensing & Occupations (H)
     Feb 12-posted in committee

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