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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HISA Temporarily Suspends Full Enforcement of Intra-Articular Joint Injection Rules

The Horseracing Integrity and Safety Authority (HISA) has temporarily suspended full enforcement of its rules surrounding intra-articular joint injections.

Under HISA's rules as written, trainers are prohibited from giving their horse intra-articular joint injections within 14 days prior to the post-time of a race, and within seven days prior to any timed and reported workout.

A violation of these rules could result in a 60-day suspension for the trainer.

According to an announcement dated June 26, the prohibition of such injections within seven days prior to a workout shall be enforced only by making the horse ineligible to race for a period of 30 days. This temporary measure will last until July 15, 2023. HISA had also issued a bulletin to stakeholders on June 23 stating the new policy.

All other provisions of the rule will continue to be enforced.

According to HISA Chief Executive Lisa Lazarus, between 15 and 20 trainers have breached the rule surrounding intra-articular joint injections prior to a workout. The reason HISA decided to temporarily modify its enforcement of the rule was due to confusion among trainers about the specifics of the rules related to workouts, Lazarus added.

“On the workout side, while it was mentioned in the education process, it seems that a lot of trainers just really didn't understand it, and most of the violations we saw were only off by one day,” said Lazarus.

Lazarus added that the temporary modification of enforcement of the rules was deemed the most “fair and equitable” way to proceed “given the number of violations.”

According to Lazarus, there has been only one violation of the rule surrounding intra-articular joint injections prior to a race.

Lazarus said she was unaware which trainers had breached the rule. “That would be a HIWU question,” said Lazarus, pointing to the Horseracing Integrity and Welfare Unit, which oversees implementation of HISA's anti-doping and medication control (ADMC) program.

“When horses are suspended, you'll be able to figure that out,” Lazarus added, pointing to HIWU's “public disclosures” webpage.

The Authority–the non-profit umbrella broadly overseeing implementation of the federal law–has the legal discretion to modify rule enforcement, said Lazarus.

“We can't modify the rules,” she said. “But we can–and we have in the past on the safety rules–decided to not enforce a particular provision of the rule,” said Lazarus.

“This general discretion to not enforce a portion of the rule is we believe within HISA's authority,” she added.

When asked if this was fair to other industry stakeholders facing sanctions as per the rules, Lazarus said that sanctions are still being meted out, even though they are less stringent than the rules require.

“There are a lot of folks who don't like the decisions that we [make]. But it's our job to make tough decisions, and I fully stand behind this decision,” said Lazarus.

When asked if this action was unfair to the owners of the horses in question, Lazarus said that it was ultimately a welfare decision.

“Protecting the horse is always in our view our responsibility,” said Lazarus. “And so, we believe it is not appropriate to allow a horse to race within 30 days of it having the injection.”

Lazarus said that the Authority is not “at this time” considering tweaking the enforcement of other rules on the books.

Daily Racing Form reported that HISA's Anti-Doping and Medication Committee is also considering modifying the sanctions surrounding the 60-day trainer suspension for violating the workout portion of the rule.

“There's a feeling that the sanction may be too high,” Lazarus told the DRF.

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Ward Hit With 15-Day Suspension For Monmouth Positives

Trainer Wesley Ward has begun serving a 15-day suspension after a horse he trained tested positive for the substances naproxen and metformin following a July 15, 2022, race at Monmouth. Ward's suspension began June 23 and ends July 7. He was also fined $2,000.

The Paulick Report was first with the story.

The infraction occurred in a five-furlong maiden special weight race on the turf with the gelding Insanity It Seems (Tale of the Cat), who won by 2 1/4 lengths. The horse, who is also owned by Ward, has not run back since.

Ward said he did not consider filing an appeal.

“What are you going to do?” he said. “When you appeal and go down that road things can get tough and you wind up paying a lot in lawyer bills.”

Because there were positives for two drugs, the penalties could have been more harsh, but, according to co-counsel Drew Mollica, the Monmouth stewards concluded that the presence of metformin in and of itself did not warrant a significant fine or suspension.

“The science proved that the metformin was at such a trace amount that they concluded there were mitigating circumstances,” said Mollica, who was co-counsel along with Darrell Vienna. “They took into account that metformin was a derivative of contamination. The penalty is indicative of the finding that only the naproxen was an issue and that the metformin was a result of contamination. Without the mitigation, the penalty could have been much harder. So we are appreciative of the New Jersey Commission paying attention to the science and buying into our argument.”

Naproxen, also known as the over-the-counter analgesic Aleve, is a regulated anti-inflammatory drug. According to the website Equimed.com, it can be used in horses to treat lameness,  musculoskeletal pain from soft tissue injury, muscle soreness and bone and joint problems. Metformin is a human drug prescribed for type II diabetes. In horses, it may be prescribed if a horse cannot exercise due to laminitis, or if insulin levels are very high.

Ward said he did not know how the naproxen got into the horse's system.

“I shipped to Monmouth to another trainer's barn and his staff ran the horse for me,” he said. “He's a great friend of mine and when the results came back, I was surprised to hear what happened. I know the rules are rules and the stewards have to do what they have to do. I'm just going to try to keep doing the best I can.”

The Monmouth race marked the second time Ward has had a positive for metformin. His Averly Jane (Midshipman) tested positive for the drug in the April 28, 2021 Kentucky Juvenile S. at Churchill Downs. That offense resulted in a 15-day suspension.

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Penalties Tweaked Ahead of New Whip Rule Deployment

The previously announced new whip regulations will go into force on Monday, but the way penalties are calculated has been “marginally adjusted” according to the British Horseracing Authority (BHA).

Following feedback from jockeys, there were further amendments to the rules, and the bedding in period for jumps racing was extended by a week.

Under the new regulations, use of the whip in the forehand position will be allowed, with the BHA having reversed a previous decision to ban it after riders' objections. However, use of the whip has been reduced to six and seven strikes over the Flat and Jumps races, respectively.

The penalty structure was also strengthened, with the very worst whip offences potentially resulting in disqualification of horses and riding bans of 20 days–a tariff which will be doubled in Class 1 and 2 races.

In its latest update, the BHA confirmed only offences for use of the whip above the permitted level will be doubled and not offences for use above shoulder height. A tweak to how offences are aggregated where multiple offences are committed in the same ride has also been made.

In a statement, the BHA said, “The rules being implemented on Monday are the result of a detailed consultation process designed to foster more considered and judicious use of the whip.”

“They are being introduced after an extensive bedding-in period which has successfully allowed jockeys and officials to familiarise themselves with the new rules and guidance and identify where improvements can be made to their implementation, or where some jockeys might need to adapt their riding style. This was the purpose of the bedding-in period.”

“We are grateful for the input of the PJA (Professional Jockeys Association), NTF (National Trainers Federation) and a number of senior riders and trainers and we have now reached a position where the new rules and guidance will be implemented in the manner in which they were intended.”

“We were pleased to note jockeys stating that the responsibility now rests on them to ride within the new rules and adapt their riding style where necessary. We have already seen this happening during the bedding-in period, for which jockeys deserve great credit.”

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