PROPOSED RULEMAKING
STATE HORSE RACING COMMISSION
[58 PA. CODE CH. 163]
Claiming Races
[26 Pa.B. 4653] The State Horse Racing Commission (Commission) acting under the authority conferred by section 202 of the Race Horse Industry Reform Act (4 P. S. § 325.202), proposes to amend § 163.254 (relating to starting of claimed horses).
A claiming race is one in which a horse is entered by its owner or trainer, or both, for a designated price and from which that horse may be claimed for that designated price. At least 10 minutes prior to the beginning of the claiming race, an eligible person seeking to claim a particular horse must first complete a form, place it into an envelope, seal it and time stamp it. The sealed envelope is then deposited into a claim box. The potential claimant shall simultaneously have on credit with the horsemen's bookkeeper, an amount of money at least equal to the specified claiming price and other applicable charges. No information as to the filing of claims may be given out until after the race has been run. The claim is thereafter reviewed by the Board of Stewards for completeness and accuracy. The claimed horse may not be delivered by the original owner to the successful claimant until authorization is given by the stewards.
A claiming race serves several functions within the racing industry. Initially, it is a vehicle by which an owner or trainer, or both, can classify the horse at an amount that accurately reflects that horse's value by competing at that price level. As such, claiming races serve to maintain a competitive balance among the horses, thus keeping the races fair and evenly matched. Claiming races also provide the opportunity for new owners or trainers, or both, to enter into the industry without a tremendous initial capital investment. Therefore, the claiming races provide individuals access to various quality horses.
Section 163.254, as presently promulgated, prohibits a claimed horse, for 30 days, from entering a race in which the eligibility price is less than 25% more than the price in which it was claimed. In essence, the owner or trainer, or both, is prevented from participating in a lower or similarly priced race as the one from which the horse was originally claimed. The horse, if it races within 30 days of being claimed, shall start in a race which is 25% higher in price. As set forth in Annex A, the proposed amendment will remove restrictions placed upon the owner/trainer from starting a claimed horse in a subsequent race. The deletion of the price restriction will bring the Commission's claiming rules in line with those of the State Harness Racing Commission and surrounding racing jurisdictions, such as New Jersey, Delaware and Maryland, none of which has a similar restriction.
Fiscal Impact
A. Political Subdivisions
The proposed amendment does not impose costs and has no fiscal impact upon the political subdivisions.
B. Private Sector
The proposed amendment does not impose costs and has no fiscal impact upon the private sector.
C. General Public
The proposed amendment does not impose costs and has no fiscal impact upon the general public.
Paperwork Requirements
The proposed amendment will not generate new paperwork for the public or this Commonwealth.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Commission submitted a copy of the proposed amendment on September 12, 1996, to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House State Government Committee and the Senate State Government Committee. In addition to submitting the proposed amendment, the Commission has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Commission in compliance with Executive Order 1982-2, ''Improving Government Regulations.'' A copy of this material is available to the public upon request.
If IRRC has objections to any portion of the proposed amendment, it must notify the Commission within 30 days of the close of the public comment period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the regulation, by the Commission, the General Assembly and the Governor of objections raised.
Contact Person
Interested persons are invited to submit written comments regarding the proposed amendment within 30 days following publication in the Pennsylvania Bulletin. Comments shall be submitted to Benjamin H. Nolt, Jr., Executive Secretary, State Horse Racing Commission, Room 302, Agriculture Building, 2301 North Cameron Street, Harrisburg, PA 17110-9408, (717) 787-1942.
Effective Date
The proposed amendment will become effective upon final adoption.
BENJAMIN H. NOLT, Jr.,
Executive SecretaryFiscal Note: 34-61. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART IV. HORSE RACING COMMISSION
CHAPTER 163. RULES OF RACING
CLAIMING RACES § 163.254. Starting of claimed horses.
[For a period of 30 days after the claim, a claimed horse may not start in a race in which the determining eligibility price is less than 25% more than the price at which it was claimed. The day claimed does not count, but the following calendar day shall be the first day and the horse shall be entitled to enter whenever necessary so the horse may start on the 31st calendar day following the claim for any claiming price. This section does not apply to starter handicaps in which the weight to be carried is assigned by the handicapper.] A claimed horse may immediately start in any subsequent claiming race, subject to compliance with this chapter, regardless of the claiming price for which it was claimed.
[Pa.B. Doc. No. 96-1633. Filed for public inspection September 27, 1996, 9:00 a.m.]
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