Chairman John D. Sabini Members Daniel D. Hogan Charles J.

Diamond

Executive Director Ronald G. Ochrym

STATE OF NEW YORK RACING AND WAGERING BOARD October 11, 2012

Acting Secretary to the Board Kristen Buckley

To Whom it May Concern, On October 11, 2012, the New York State Racing and Wagering Board adopted by emergency rule making changes to subdivision (a) of Section 4038.5 of Title 9 NYCRR concerning thoroughbred claiming races. These amendments add a new (iii) and correct the reference cited in (i). This amendment expands the situations in which a claim is voidable to include one in which the claimed horse is vanned off the track after the race. As an emergency rule adoption, these amendments will be effective Friday, October 19, 2012 through Monday, January 14, 2013. The amendments read as follows (language that is underlined is added; language that is in [brackets] is omitted): 4038.5. Requirements for claim; determination by stewards. i. the claim is voidable at the discretion of the new owner pursuant to the conditions stated in section [4038.18] 4038.19 of this subchapter unless the age or sex of such horse has been misrepresented, and subject to the provisions of subdivision (b) of this section; and ii. a claim shall be void for any horse that dies during a race or is euthanized on the track following a race; and iii. a claim is voidable at the discretion of the new owner, for a period of one hour after the race is made official, for any horse that is vanned off the track after the race. In the event more than one person should enter a claim for the same horse, the disposition of the horse shall be decided by lot by the stewards. Any horse so claimed shall then be taken to the test barn for delivery to the claimant after the test sample is taken. The Notice of Emergency Rulemaking for this amendment will be published in the October 31, 2012 edition of the State Register.
1 Broadway Center, Suite 600, Schenectady, NY 12305-2553 Telephone (518) 395-5400 FAX: (518) 347-1250 http://www.racing.state.ny.us

The Board is considering the possible adoption of this rule or a variation as a permanent rule. If you wish to provide any comments concerning this matter, please submit your comments in writing to John Googas at 1 Broadway Center, Suite 600, Schenectady, NY 12305-2553 or john.googas@racing.ny.gov by December 3, 2012. Very truly yours,

Kristen M. Buckley, Acting Secretary to the Board

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