The NYS Gaming Commission has apparently removed the sixty (60) day cap that limited its ability, and that of its judges, to now allow discretion to extend the length of time a horse need not qualify, to account for unexpected events that interfere with the opportunities for otherwise horses to race.

It is anticipated that the Gaming Commission will factor in the track closings that interfered with opportunities for otherwise eligible horses to race due to the forced shutdown of NY tracks.

The text of the proposed amendment adopted by the NYS Gaming Commission on May 19, 2020 is as follows:

Section 4113.5(a) of Title 9 of the NYCRR would be amended as follows: § 4113.5. Unqualified horses.(a) A horse shall be deemed unqualified and must qualify once before being allowed to start in any overnight pari-mutuel event for the following reasons: (1)The horse does not show a charted line of a current performance meeting the qualifying standards at the track for the class of race. Current performance shall be defined as a start within 30 days of the date of the race to which declared. Official workouts shall be acceptable as qualifying performances for this paragraph for horses with previous satisfactory races.

The commission may extend the qualifying standards from 30 to as many [as 60] days as appropriate to account for [appropriate reasons, including]track closings, equine sickness, inclement weather or other unexpected events that interfere with the opportunities for otherwise eligible horses to race.

Of note, the basic thirty (30) day rule was previously amended by the NYS Gaming Commission to a forty-five (45) day rule but that has not yet emerged from the Office of Regulatory Reform (ORR) which must approve. That approval has not happened yet, and that is why the 30 day rule is still in effect. The amendment to 45 days is expected to get the green light from the ORR, but a time frame for that decision is unclear.

(SOA of NY)