NY Claiming Rules Revision Would Keep Horses In-State for 60 Days

A proposed change to claiming rules in New York would double the time that a claimed horse must refrain from racing outside the state, from 30 to 60 days.

In addition, in an effort to make it easier to acquire Thoroughbreds via claims, another proposed change would extend time periods for owners to be eligible to claim horses.

Those measures, plus several other tweaks to the “Who may make claim” rule 4038.1, were advanced by the New York State Gaming Commission (NYSGC) at Thursday's monthly meeting.

There was zero discussion among commissioners prior to the unanimous voice vote.

The proposed changes must first be published in the state register and then go through a public commentary period before the NYSGC takes a final vote on them at a future commission meeting.

According to a brief written by NYSGC general counsel Edmund Burns that was included in the informational packet for the Aug. 3 meeting, some horse owners and their representatives have communicated to the commission staff that the current claiming rules “need revisions.”

Commission staff met with personnel from the New York Racing Association (NYRA), Finger Lakes, the New York Thoroughbred Breeders (NYTB), and the New York Thoroughbred Horsemen's Association (NYTHA) in crafting the language changes, Burns wrote.

With respect to the time that a claimed horse must remain in-state, Burns wrote that “current rules prohibit a claimed horse from running outside New York for a period of 30 days. The proposal would extend that general prohibition to 60 days, which would mitigate entry shortages that have been experienced at New York tracks. An exception is proposed for horses claimed at Finger Lakes Racetrack toward the end of the Finger Lakes racing season, in which case the prohibition would be limited to 30 days from the end of the Finger Lakes racing season.”

On the time extensions for owners to be eligible to claim, the current version of the rule states that an owner must have “nominated a starter in the previous or current race meet.”

The proposed rewording would change the requirement to owners who have “started a horse: (1) within the previous 120 days, including the race in which such horse started, in a race meeting of the licensed or franchised association; or (2) in the current or previous race meeting.”

New owners who have not previously been licensed would also get a time extension.

Currently, a newly licensed owner “may apply to the stewards for a certificate authorizing him or her to claim one horse during the next 30 racing days following the issuance of the certificate.” The existing version of that rule also states that the stewards “may grant an extension” to that time period “if deemed appropriate.”

The proposed new language would change the “if deemed appropriate” part to an extension of “30 racing days if the certificate holder had entered a claim but had lost” the shake.

“NYRA conducts race meetings of varying lengths and horse populations,” Burns wrote in the brief. “Consequently, the current rule, which requires an owner, in order to be eligible to claim, to have entered a starter in the previous race meeting, precludes some otherwise active owners from claiming horses.

“Some owners may not have participated in a previous meeting because of the meeting's short duration or because racing opportunities had been incompatible with the owner's stable of horses. The proposed rule would address these concerns by allowing claimants who have raced on a circuit within 120 days, which would increase the number of owners qualified to make claims,” Burns wrote.

“Additionally, due to the frequency of multiple claims on a single horse, it is possible that someone actively trying to claim may not succeed in acquiring a horse within 30 racing days, which the current rule requires,” Burns wrote.

“Allowing 30 additional days for holders of a certificate of eligibility would provide an owner with an opportunity to claim when the owner has not been successful within the first 30 days of a race meeting, because the owner has lost the opportunity to claim to another claimant when multiple claims had been made on the same horse. Creating an opportunity to extend claiming eligibility for unsuccessful claimants would allow these owners additional chances to claim a horse,” Burns wrote.

Additionally, current NYSGC regulations provide that when a horse is claimed from a particular value class, the horses is ineligible to start in the same value class for 30 days.

According to the brief written by Burns, “A review of recent data, however, indicates that horses generally run on a 28-day schedule and condition books generally schedule a value class every 28 days. Under current regulations, a claimant who wants to start a horse again in the same class may be effectively forced to wait 56 days from the date of the claim. The position has been advanced that such period is unnecessarily long and causes issues for owners, trainers and the racetrack, which seeks to fill competitive races.”

The solution, according to the proposed rewording, will be to make the regulation state that, “If a horse is claimed the horse shall not start in a claiming race for a period of 20 days from the date of the claim for less than 25 percent more than the amount for which such horse was claimed.”

A new clause would be inserted that further states, “For a period of 10 days thereafter, a horse is eligible to start for a claiming price equal to or greater than the price at which the horse had been claimed. On the 31st day, the horse may start in a claiming race for any price.”

Burns wrote that “By reducing the requisite waiting period, owners will have a greater opportunity to start a horse for the price at which the horse had been claimed, given that the owners would be able to gain access to races that had already been written in the track's condition book 28 days in advance.”

Rice penalty revision on target for Sept.

Separately, NYSGC Executive Director Robert Williams detailed the expected timeline for commissioners to revisit a possible penalty for trainer Linda Rice, who on June 8 had a New York Supreme Court Appellate Division rule that a three-year banishment imposed by the NYSGC was “entirely unwarranted.”

Linda Rice | Sarah Andrew

As TDN reported back in June, the Gaming Commission fined Rice $50,000 and revoked her license for three years in 2021 after investigating claims that Rice received favorable treatment from the NYRA racing office and that the racing office was releasing to her the names and past performances of horses that had already been entered in races, giving her an unfair advantage. It was further alleged that Rice had paid racing officials in exchange for the information, a charge she denied. She did admit to routinely giving members of the racing department, as well as the gate crew, Christmas presents.

Williams said that the court ruling upheld the commission's determination that the “improper practices” rule had been violated and that the court rejected Rice's constitutional claim. But the court overturned the three-year revocation, and sent the matter back to the commission to reassess the penalty “with the constraint that any reassessed penalty cannot contain a license revocation.”

Williams said the case materials will be recirculated to each of the commissioners, and that both the commission's counsel and Rice's legal team have been asked to update their post-hearing briefs with respect to penalty recommendations.

“The matter should be set for consideration at the commission's September meeting,” Williams said.

Brian O'Dwyer, the NYSGC chairman, said, “I urge the commissioners that, obviously, the Rice matter is something that we need to look at. In particular, three of the commissioners are new to the matter, having been appointed after the penalty had been assessed. Obviously, we're under court mandate to reassess that penalty, and I know that we'll all take that very seriously.”

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72-Hour Pre-Race, Pre-Work Vet Exams in Pipeline for New York

Thoroughbreds in New York would be required to pass a health check 72 hours prior to a race or workout if a new rule proposed Monday by the New York State Gaming Commission (NYSGC) gets adopted after passing a public commentary period and a final vote by the commission at a future meeting.

The proposal that got put into the pipeline by unanimous voice vote after zero discussion among commissioners on Monday would require a trainer's attending veterinarian to conduct the 72-hour fitness exams. These health checks would be in addition to, and would not replace, New York's current rule that requires an exam by the racing association's veterinarian on race day.

“Adding the requirement for an examination by the attending veterinarian provides additional safeguards by ensuring an evaluation by a veterinarian with knowledge of the particular horse, while maintaining the examination by the racing association's veterinarian as an additional level of review,” stated a brief written by NYSGC general counsel Edmund Burns that was included in the informational packet for the June 26 monthly meeting.

“Furthermore, adding the requirement for examinations prior to workouts will implement equivalent protections for training,” Burns wrote.

The proposed new language, which now will get published in the New York State Register for the public's review, takes the form of an amendment to Rule 4007.5, which deals with qualifications to start.

A horse would be prohibited from entry into a race or from performing a workout unless such evaluation results in a determination that the horse is fit.

“The proposal is intended to minimize the risks of injury to horses that are unfit to perform,” Burns wrote. “The proposed rule would require such attending-veterinarian examinations to include, without limitation, a close inspection of the eyes, examination of the legs, and observation of the horse at rest and while in motion.

“Following a determination that the horse is either fit to race or to work out, the attending veterinarian and trainer would be obligated to inform the racing association's veterinarian of any changes in the horse's fitness before race day or the workout” in a to-be-determined manner of reporting, Burns wrote.

According to the text of the proposed rule, the term “workout” would be defined as “an exercise session near full speed or close to full speed.”

Burns wrote that, “While we have no reason to believe that an attending veterinarian would permit a horse under such veterinarian's care to race or participate in a workout if the horse is unfit, staff believes it appropriate to require attending veterinarians to make such representations of fitness explicitly, as a further safeguard to promote the safety and

health of New York's racehorses.”

After the vote, NYSGC chair Brian O'Dwyer noted that NYSGC staffers and the commission's equine medical director, Scott Palmer, “are working on new approaches to minimizing bad outcomes on the track and in training. And I know that they will be coming up with further suggestions in the future if warranted.”

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NY Proposes Rules Tweaks for Challenging, Voiding Claims

The New York State Gaming Commission (NYSGC) advanced a Thoroughbred claiming rules proposal Monday that would address the voiding of claims and ineligible potential claimants, establish procedures for resolving challenges to claims, and outline a specific procedure for horse custody if the stewards discover a claimant had been ineligible.

The proposal passed by unanimous voice vote with no discussion or debate among commissioners. The full text of the amended rules will now be published in the New York State Register. After a public commentary period, the NYSGC will reconvene to take a final vote on the measure.

In a brief that was included in the Aug. 22 meeting packet, NYSGC general counsel Edmund Burns explained the overall intent of the proposed changes to the rules under section 4038.

“It is in everyone's interests for any objections to a claim and any stewards' order in regard to ownership of a horse be raised and resolved as quickly as possible, so that custody of the horse may be determined promptly,” Burns wrote.

“This proposal would make explicit the current practice that it is the responsibility of the track's racing secretary to verify the eligibility of potential claimants and conduct the disposition of the horse by lot in the event of multiple claims,” Burns wrote.

“The proposal would establish a deadline of one hour after a race for an objection to a claim award to be made, in which case the stewards would hear from the interested parties the same day and determine whether to void the claim and then award it to a remaining eligible potential claimant, by lot if there is more than one eligible potential claimant remaining.

“There would be no further appeal to the Commission so long as this process was followed, given the need for finality to determine the custody and care of the horse,” Burns wrote.

“Similarly, according to this proposal, if the stewards discover, even absent an objection by a horseperson, that a claim had been awarded to an ineligible claimant, the stewards would need to act within 24 hours of the race to be able to order the delivery of the horse to a different owner or trainer,” Burns wrote.

“The proposal would make explicit that a horseperson who enters a potential claim despite being ineligible, and track office personnel charged with verifying eligibility who fail to do so properly, may face Commission discipline.

“The proposal would make explicit that a claim shall be void for any horse that is scratched before the race is started,” Burns wrote.

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NY Aligns Clenbuterol Policy With RMTC’s

The New York State Gaming Commission (NYSGC) uninimoulsy voted to adopt two Thoroughbred-related medication rule changes at its May 17 meeting, although the exact timetable for implementation was not discussed.

Pending official adoption of the new rule, clenbuterol use in Thoroughbred racing will be regulated so it follows the model rule proposal of the Racing Medication and Testing Consortium (RMTC).

“Clenbuterol, a drug that is ordinarily used in horses as a bronchodilator to treat horses with lower airway disease, also causes a horse's body to build more muscle and reduce its fat content and has the potential to enhance performance,” NYSGC general counsel Edmund Burns wrote in a brief included in the informational packet for Monday's meeting.

Burns wrote that the newly amended NYSGC rules “would require the attending veterinarian to receive written approval [from] the Commission of a clenbuterol treatment plan for an identified horse prior to the start of such treatment. The proposal would also require that all clenbuterol administrations be reported to the Commission at the time of administration.

“The proposal would also require horses treated with clenbuterol to be placed on the veterinarian's list and not be removed until a workout for a regulatory veterinarian is performed and the horse is found to be negative for clenbuterol in blood and urine.

“In addition, horses on the veterinarian's list for clenbuterol use would be required to submit to periodic tests while on such list to ensure that no more clenbuterol is administered to the horse than necessary to complete the pre-approved treatment

regimen and to ensure that muscle-building and fat-reducing effects have dissipated before the horse is removed from the veterinarian's list,” Burns wrote.

A second rule conforms the NYSGC rules on thresholds for controlled therapeutic medications to national model rules of the Association of Racing Commissioners International, Inc. (ARCI).

“ARCI modified the model rule thresholds for three drugs (detomidine, omeprazole and xylazine) based on developing research,” Burns wrote. “ARCI also added to the list of thresholds amounts for another four routine therapeutic medications, three of which are antihistamines (cetirizine, cimetidine and ranitidine) and one of which is a muscle relaxant used in anesthetic protocols (guaifensin). The thresholds are consistent with New York's existing restricted time periods. Trainers who comply with such restricted time periods will be assured of not violating such thresholds.”

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