New York Gaming Commission approves changes to claiming rules

The New York Gaming Commission on Monday adopted new rules involving claiming horses that were proposed 10 months ago but tabled last month due to safety concerns expressed by one of the commission members.

The new rules will change claiming eligibility to allow an owner who has started a horse within 120 days on any circuit to claim at New York tracks. Under the current rules, only owners who participated at the preceding race meeting at a New York Racing Association race meet were eligible to claim.

The rules will allow an additional 30 days for an eligible owner who may not have been successful in winning a “shake” to claim a horse. A shake occurs when more than one entity submits a claim for a horse. Previously, an owner had to have been successful in claiming a horse within the first 30 days of a race meeting to retain their eligibility to claim.

The new rules reduce from 30 to 20 days the restriction against running a claimed horse for a claiming price less than 25-percent greater than the price for which it was claimed. It establishes a further 10-day period in which a claimed horse may start for a price equal to what it was claimed for.

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Lastly, the new rules extend from 30 to 60 days the prohibition against running a claimed horse outside of New York State. There is an exception for horses claimed at Finger Lakes, in which case the horse may run elsewhere after 30 days from the conclusion of the Finger Lakes meet.

These new rules were first proposed last August and were published in the state register in February for a 45-day comment period during which only two comments - both in support of the changes - were received.

At a May 20 meeting, commission member John Crotty questioned whether changing rules to allow horses to run back sooner would represent “weakening previously amended claiming standards,” according to commission executive director Rob Williams.

At Monday’s Gaming Commission meeting, Dr. Scott Palmer, the state’s equine medical director, spoke in favor of the adoption of the rules though he cited a study that indicates a horse is at an increased risk for injury during the first 30 days following a claim.

“Any change in the rules that allows a claimed horse to run back less than 30 days potentially could increase the risk for injury if that horse was not well evaluated in that period of time before he races again,” Palmer said. “It’s important we emphasize that period of time be used constructively and aggressively to examine the horse and make sure it’s fit to race again before they enter the horse.”

Crotty did not participate in Monday’s meeting, but following the unanimous vote in favor of the new rules being adopted, Williams said Crotty told him that had he been present he would have voted in favor of their being adopted as well.

The new claiming rules are expected to be in effect for the beginning of the Saratoga meet on July 11.

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