2 PROPOSED ADMINISTRATIVE RULES  

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    SOAHR 2006-041 DEPARTMENT OF AGRICULTURE

    OFFICE OF RACING COMMISSIONER GENERAL RULES

    Filed with the Secretary of State on

     

    These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

     

    (By authority conferred on the office of racing commissioner by section 7 of 1995 PA 279, MCL 431.307)

     

    Draft November 14, 2006

     

    R 431.2090, R 431.2120, R 431.3075, R 431.3110, R 431.4001, and R 431.4180 of the Michigan

    Administrative Code are amended as follows:

     

    R 431.2090  Trifecta.

    Rule 2090. (1) The trifecta is a contract by the purchaser of a ticket to select the 3 horses that will finish first, second, and third in the race. The trifecta will be calculated as an entirely separate pool.

    (2)   Trifecta pool. The amount wagered on the winning combination, such being the horse finishing first, the horse finishing second, and the horse finishing third, in exact order, is deducted from the net pool to determine the profit. The profit is divided by the amount wagered on the winning combination, such quotient being the profit per dollar wagered on the winning trifecta combination. Payoff includes the amount wagered and profit thereon. In addition, the following provisions apply to trifecta pools:

    (a)    If no ticket is sold designating, in order, the first 3 horses, the net pool shall be distributed equally among holders of tickets designating the first 2 horses in order.

    (b)    If no ticket is sold designating, in order, the first 2 horses, the net pool shall be distributed equally among holders of tickets designating the first horse to win.

    (c)    If no ticket is sold designating the first horse to win, the net pool shall be distributed equally among holders of tickets designating the second and third horses in order.

    (d)    If less than 3 horses finish, the payoff shall be made on tickets selecting the actual finishing horses in order, ignoring the balance of the selection.

    (e)    If there is a dead heat, all trifecta tickets selecting the correct order of finish, counting a horse in a dead heat as finishing in either position involved in the dead heat, shall be winning tickets. The payoff will be calculated as a place pool.

    (3) The uncoupling for betting purposes of horses having common ties is prohibited in races upon  which trifecta wagering is conducted.

     

     

    (4)   (3) If a horse is scratched or declared a nonstarter, all trifecta tickets previously issued designating such horse shall be refunded and deducted from the gross pool.

     

    R 431.2120  Superfecta.

    Rule 2120. (1) The superfecta is a contract by the purchaser of a ticket to select, in order, the first, second, third, and fourth place horses in the designated superfecta race, as designated by the track licensee with the approval of the commissioner. Payment of winning tickets shall be made only to the holders of the tickets who have selected the same order of finish as officially posted, except if there is a scratch or as otherwise provided in these rules.

    (2)   Superfecta wagering has no connection with, or relation to, the win, place, and show betting pools and shall be calculated as an entirely separate pool. The ticket shall be labelled a superfecta ticket.

    (3)   If a horse is scratched or excused from racing, additional tickets shall not be sold designating such horse, and all tickets previously sold designating such horse shall be refunded and the money deducted from the gross pool.

    (4)   If no ticket is sold designating, in order, the first 4 horses, or if only 3 horses finish, the net pool shall be distributed equally among holders of tickets designating, in order, the first 3 horses. If no ticket is sold designating, in order, the first 3 horses, or if only 2 horses finish, the net pool shall be distributed equally among holders of tickets designating, in order, the first 2 horses. If no tickets are sold designating, in order, the first 2 horses, the net pool shall be distributed equally among holders of tickets designating the winner.

    (5)   If no ticket is sold designating the winner to win, the superfecta shall be declared off and the gross pool refunded.

    (6)   If there is a dead heat or dead heats, all tickets designating the correct order of finish, crediting each horse in a dead heat as finishing in either position involved in the dead heat, shall be winning tickets, and the aggregate number of winning tickets shall be divided into the net pool for the purpose of   determining the payoff.

    (7) The uncoupling for betting purposes of horses having common ties is strictly forbidden in races  upon which superfecta wagering is conducted.

     

    R 431.3110  Mutuel entries; common ties.

    Rule 3110. (1) Not more than 2 horses that have common ties requiring a mutuel entry shall be entered in a purse race. A preference for 1 of the horses shall be made when making a double entry. Two horses that have common ties requiring a mutuel entry shall not start in a race to the exclusion of a single betting interest.

    2) Horses which have common ties through training only, but which have separate, distinct ownership  may, in allowance races, except maiden allowances, or sweepstakes, be entered and run as separate betting interests if the method of entry is stated clearly beforehand in the conditions of the race and is approved by the stewards.  In races with a purse value of $50,000 or more, horses with common ownership may race as separate betting interests. It shall be indicated prominently in the program if horses are trained or owned by the same person.

    (3)   A trainer of any horse shall not have any ownership interest in any other horse in the same race, unless such horses are coupled as a single wagering interest.

    (4)   Where no exception exists, all horses that have common ties through ownership or training shall may be coupled as an entry in a purse race when approved by the stewards. Either may be scratched up to 1 hour before post time for the first race.

     

    R 431.3075  Workout clockers.

     

     

    Rule 3075. (1) The racing commissioner and each association hosting a race meeting shall employ a separate experienced clocker. Each clocker shall make a record of all morning workouts or any morning trials on the main track or training track of the association. A combined record of all workouts and trials shall be presented to the racing secretary by the clockers and a copy shall be delivered to the stewards.

    (2)  Every occupational licensee who exercises a horse shall correctly identify to the clockers the horse he or she is exercising and shall state the distance over which the horse is to be worked and the point at which the workout is intended to begin.

    (3)  Horses working between races shall also be identified and their times announced. A horse shall not be permitted to work between races without the permission of the stewards and notification to necessary officials to ensure safety.

    (4)  A horse that has not started for 30 45 days is ineligible to race until it has completed 1 or more timed workouts satisfactory to the stewards before the day of the race in which the horse is entered. If such workouts do not appear in the daily racing form, they shall be published, where possible, in the track program the day of the race in which the horse is entered or shall be posted in 3 places in the racing plant for public inspection.

    (5)  The stewards may scratch a horse whose recent workouts have not been properly recorded with the stewards' office.

     

    R 431.4001  Definitions; A to E. Rule 4001. As used in this part:

    (a)    "Added money early closing event" means an event closing in the same year in which it is to be contested in which all entrance and declaration fees received are added to the purse.

    (b)    "Age" means the number of years since a horse was foaled. Age is determined as if such horse were foaled on January 1 of the year in which the horse was foaled, except that horses foaled in the months of November and December between November 1, 1970, and December 31, 1980, shall be reckoned from January 1 of the succeeding year.

    (c)    "Claiming race" means a race in which a horse may be claimed pursuant to the rules of the racing commissioner.

    (d)     "Classified race" means a race in which, regardless of the eligibility of horses, entries are selected on the basis of ability or performance.

    (e)    "Conditioned race" means an overnight event to which eligibility is determined according to specified qualifications. Such qualifications may be based upon the following:

    (i)    Money winnings in a specified number of previous races or during a specified period of time.

    (ii)    Finishing position in a specified number of previous races or during a specified period of time.

    (iii)    Age, sex, or number of starts during a specified period of time.

    (iv)    Special qualifications for foreign horses that do not have a representative number of starts in the United States or Canada.

    (v)    Any combination of the qualifications listed in this subdivision.

    (f)    "Current charted line" means written documentation of a horse's performance recorded on the horse's eligibility certificate by a licensed charter or licensed clerk of the course, within 30 45 days of the date of initial declaration the date of the race for which the horse is entered. A current charted line shall include all of the following information:

    (i)    Date of race.

    (ii)    Location.

    (iii)    Track size, if other than 1/2 mile.

    (iv)    Track condition.

    (v)    Type of race.

     

     

    (vi)    Distance of race.

    (vii)     Fractional times of the leading horse, including race time.

    (viii)     Post position.

    (ix)    Position at first quarter.

    (x)    Position at half.

    (xi)    Position at three-quarters.

    (xii)     Position at head of stretch with lengths behind leader.

    (xiii)     Position at finish with lengths behind leader.

    (xiv)     Individual race time of horse.

    (xv)     Closing dollar odds.

    (xvi)     Name of driver.

    (xvii)     Dead heats.

    The symbols for free-legged, breaks, and park outs shall be used where appropriate.

    (g)    "Dash" means a race decided in a single trial. Dashes may be given in a series of 2 or 3 governed by 1 entry fee for the series, in which event a horse shall start in all dashes. Positions may be drawn for each dash.

    (h)    "Declaration" means the naming of a particular horse to a particular race as a starter. Declarations shall be taken not more than 4 days in advance for all races, except those for which qualifying dashes are provided.

    (i)    "Early closing race" means a race for a definite purse to which entries close not less than 6 weeks preceding the race. The entrance fee may be on the installment plan or otherwise and all payments are forfeits. Payments on 2-year-olds in early closing events are not permissible before February fifteenth of the year in which the horse is a 2-year-old.

    (j)    "Elimination heats" means heats of a race split according to these rules which qualify the contestants for a final heat.

    (k)    "Entry" means either of the following:

    (i)    A horse entered in a race.

    (ii)    Two or more horses which are entered in a race and which are coupled as a mutuel entry or joined in the mutuel field pursuant to the rules of the racing commissioner.

    (l)      "Extended pari-mutuel meeting" means a meeting at which no agricultural fair is in progress with an annual total of more than 10 days' duration with pari-mutuel wagering.

     

    R 431.4180  Mutuel entries; common ties.

    Rule 4180. (1) Not more than 2 horses that have common ties so as to be joined as a mutuel entry shall be entered in an overnight or late closing race. A preference for 1 of the horses shall be made when making a double entry. Two horses that have common ties so as to be joined as a mutual entry shall not start in a race to the exclusion of a single interest.

    (2)   Horses which have common ties through training only, but which have separate and distinct ownership, may, in a stakes race, late or early closing race, futurity, free-for-all, or another special event, at the request of the association, be permitted by the stewards to be entered and run as separate betting interests. In races with a purse value of $50,000 or more, horses with common ownership may race as separate betting interests. The fact that such Horses that are trained by the same person shall be indicated prominently in the program.

    (3)   A trainer of any horse shall not have an ownership or other interest in any other horse in the same race, unless such horses are coupled as a single betting interest.

    (4)   Where no exception exists, all horses having common ties through ownership or training shall

    may be coupled and run as an entry in a race when approved by the stewards.

     

     

    (5)  If the race is split into 2 or more divisions, horses in an entry shall be seeded, insofar as possible, first by owners, then by trainers, and then by stables, but the divisions in which they compete and their post positions shall be drawn by lot. This subrule shall also apply to elimination heats.

    (6)  The stewards shall be responsible for coupling horses. In addition to the provisions of subrules (1) to (5) of this rule, horses separately owned or trained may be coupled as an entry when approved by the stewards where it is necessary to do so to protect the public interest for the purpose of pari-mutuel wagering only. However, where this is done, entries shall not be rejected.