According to the approved "Minutes of the Regular Meeting of the Indiana Horse Racing Commission" for April 19, 2012, the first agenda item for that meeting was "Consideration of Emergency Rule regarding 71 IAC 7.5-3-4, scale of weights." This motion is noted as being passed 5-0 to conform Indiana's administrative rule to that of the ARCI Model Rule on minimum weight allowances. This agenda item was presented to the commission by Jeff Johnston of The Jockey's Guild. As of this writing, no such administrative rule change has been filed with the Indiana Register and is therefore not in effect. According to Indiana statute, emergency rules are not effective until filed properly with the Indiana Register. All other emergency rules approved by the commissioners on April 19, 2012, were filed with the Indiana Register twenty-six days after their approval on May 16, 2012, under LSA Document #12-267(E). You can access this document at:
http://www.in.gov/legislative/iac/20120523-IR-071120267ERA.xml.pdf.
The version of '71 IAC 7.5-3-4 Scale of weights' that is currently in effect for Indiana flat racing is copied below for your reference. This rule has been in effect since March 23, 2007 without any changes since.
71 IAC 7.5-3-4 Scale of weights
Authority: IC 4-31-3-9
Affected: IC 4-31
Sec. 4. (a) In all races the minimum weight carried shall be one hundred sixteen (116) pounds except the following:
(1) Three (3) year olds competing with older horses shall carry a minimum one hundred fourteen (114) pounds from January through April, and one hundred fifteen (115) pounds thereafter.
(2) Sex allowance.
(3) Apprentice jockey allowances.
(4) Stakes and handicap races.
(5) Indiana bred weight allowance.
(b) In all races except in handicaps and races where the conditions expressly state to the contrary, the sex allowance is as follows:
(1) For two-year-old fillies, three (3) pounds.
(2) For fillies and mares, three-years-old and upward, five (5) pounds before September 1, and three (3) pounds thereafter.
(c) Quarter horses, appaloosas, and paints shall carry a minimum of one hundred sixteen (116) pounds, except in handicaps. Should a quarter horse carry less than one hundred sixteen (116) pounds, one-tenth (1/10) of one (1) second shall be added to the official time for each four (4) pounds, or fraction thereof, less than one hundred sixteen (116) pounds. (Indiana Horse Racing
Commission; 71 IAC 7.5-3-4; emergency rule filed Jun 15, 1995, 5:00 p.m.: 18 IR 2868, eff Jul 1, 1995; emergency rule filed Aug 23, 2001, 9:58 a.m.: 25 IR 119; readopted filed Oct 30, 2001, 11:50 a.m.: 25 IR 899; readopted filed Mar 23, 2007, 11:31 a.m.: 20070404-IR-071070030RFA)
Clearly, the expressed intent of the commission at their April 19, 2012, meeting was to adopt the ARCI Model Rule. We've copied the ARCI Model Rule below for reference as well. We would, however, like to point out that the actual administrative rule approved by the commision contains a significant deviation from the ARCI Model Rule. In section (3) below, the ARCI Model Rule provides for a minimum weight of 120 pounds for a two-year old quarter horse. In the edited version of 71 IAC 7.5-3-4 approved by the commission on April 19, 2012, a minimum weight for a two-year old quarter horse was approved at 130 pounds, not the 120 pounds in the ARCI Model Rule. Given the minimum weights established for three-year old quarter horses (122 lbs.) and four-year old and older quarter horses (124 lbs.) in the ARCI Model Rule, the 130 pound minimum for two-year old quarter horses is obviously a mistake, yet a mistake that noneless has been approved by the commission.
ARCI Scale of Weights - Model Rule _____________________________________________________________________________________
(1) With the exception of apprentice allowances, handicap races, three (3) year old horses entered to run in races against horses four (4) years old and upwards, and the allowance provided in subsection (2) of this section, no jockey shall be assigned a weight of less than 118 pounds. For three (3) year old horses entered to run in races against horses four (4) years old and upwards from January 1 through August 31, no jockey shall be assigned a weight of less than 116 pounds.
(2) Except in handicaps, fillies two (2) years old shall be allowed three (3) pounds, and fillies and mares three (3) years old and upward shall be allowed five (5) pounds before September 1, and three (3) pounds thereafter in races where competing against horses of the opposite sex.
(3) Quarter Horses, Appaloosas and Paints minimum scale weights shall be 120 pounds for two-year-olds, 122 pounds for three-year-olds, and 124 pounds for four-year-olds and older.
(4) A notice shall be included in the daily program that all jockeys will carry approximately three (3) pounds more than the published weight to account for safety equipment (vest and helmet) that is not included in require weighing out procedures. Additionally, upon stewards’ approval, jockeys may weigh in with an additional three (3) pounds for inclement weather gear.
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Thank You,
Jim Hartman
IBOP Vice-President
CC: Chairman Diener
Commissioner Lauck
Commissioner Schaefer
Commissioner Grimes
Commissioner Barclay
On July 12th, the IHRC staff filed the new 'Scale of Weight' rule with the Indiana Register. Therefore, the new scales, including the 130 lb. minimum weight for two-year old quarter horses, are in effect.
ReplyDeletePrior to this, on July 9th, IBOP received an email from the IHRC's General Counsel stating in part, "Commission staff purposefully did not file the rule immediately after the April Commission meeting." What she went on to explain was the filing was to coincide with an effective date to be in between the two flat racing meets.
First of all, we didn't realize that the commission staff had that kind of authority over the racing commission. Interesting that there was no discussion at all at the April commission meeting about delaying the effective date of the rule to any point in time. Why would there be a need to delay a rule that was described as "favorable to jockeys, trainers and the betting public." The approval of this administrative rule could have easily then been part of the June 25th IHRC meeting if the master plan was to have this rule be effective in between the flat racing meets.
And, lastly, why do the first condition books at Hoosier Park have incorrect weights when compared to this new rule? It seems like the commission staff either didn't communicate with the commissioners or with the staff at Hoosier Park as to what their plan was or they just plain forgot. The latter seems more likely.
Hopefully, the staff at Hoosier Park petitioned the commission to reduce the weight on two-year old quarter horses. Requiring these young horses to carry 130 lbs. is way too dangerous.
On October 3rd, the IHRC staff filed with the Indiana Register a 'Notice of Intent to Adopt a Rule' regarding the Scale of Weight administrative rule. This is the first step of the regular rulemaking process. This rule was first adopted by the IHRC via an emergency rulemaking process almost five and a half months ago, and this filing is almost three months after the IHRC staff filed the emergency rule version. Even with this 'Notice of Intent to Adopt a Rule,' the required minimum weight for a two-year old quarter horse is indicated to be 130 pounds, not the intended 120 pounds.
ReplyDeleteThe emergency rule with the 130 pounds for two-year old quarter horses is ineffect; however, the rule is not being enforced at the Hoosier Park meet. Now, the IHRC staff is taking an incorrect administrative rule through the regular rulemaking process. Comments should be directed to Lea Ellingwood, the IHRC's General Counsel at lellingwood@hrc.in.gov.
http://www.in.gov/legislative/iac/20121003-IR-071120549NIA.xml.pdf