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New Jersey Sire Stakes Program

Proposed For Readoption: N.J.A.C. 2:32-2.1 through 2:32-2.36 with amendments to N.J.A.C. 2:32-2.20, 2:32-2.27 and 2:32-2.36
Authorized by: New Jersey Sire Stakes Board of Trustees, John M. Tomasello, Executive
Director and Charles M. Kuperus, Secretary, Department of Agriculture.
Authority: N.J.S.A. 5:5-91
Calendar Reference: See summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2002-
Submit written comments by: June 19, 2002, to:

John M. Tomasello
New Jersey Sire Stakes Program
Department of Agriculture
Division of Markets
PO Box 330
Trenton, New Jersey 08625

The agency proposal follows:

Summary

N.J.A.C. 2:32-2.1 through 2:32-2.36 establish the conditions for the operation of and participation in the New Jersey Sire Stakes Program. The proposed amendments to N.J.A.C. 2:32-2.20 and 2:32-2.27 will update the names of facilities where Sire Stake events are contested, removing the name of a facility that no longer exists.

The proposed amendment to N.J.A.C. 2:32-2.36 will update the mailing address used by participants to send nominating and sustaining fees, due to a recent change of lockbox service providers.

The New Jersey Sire Stakes regulations are based on the provisions of N.J.S.A. 5:5?91, which established the program in April of 1971. The Conditions have been amended since their initial adoption to provide an administrative framework under which the program could operate. The New Jersey Sire Stakes Board of Trustees solicits suggestions for proposed changes from various groups of horsemen who participate in the program. The Trustees consider the various suggestions, including concerns of their own and suggestions by staff, and adopt changes at the end of each racing season.

The adoption of regulations establishing conditions for participation is necessary for the operation of the Sire Stakes Program. In addition to the notice inherent in their formal adoption as regulations, the Sire Stakes conditions are widely distributed among the participants and are reproduced in several industry publications. They relate to standing of stallions, nomination of yearlings, sustaining payments and the racing of the New Jersey sired horses at New Jersey tracks. They have provided definitive guidelines for the operation of the Sire Stakes Program for the past three decades and have operated well during that period.
As the Department has provided a provided a 60-day comment period for this notice of proposal, this notice is excepted from the rulemaking calendar requirements, pursuant to N.J.A.C. 1:30-3.3(a)5.

Social Impact

The impact of the regulations governing the Sire Stakes Program is primarily limited to the participants in the Sire Stakes Program who number approximately 4,500. The proposed amendments will have no adverse effect on any of the programs participants.

Economic Impact

The proposed amendments are generally updates to outdated material and will not impact the Sire Stakes Program; it's participants, or the general public economically.

Federal Standards Statement

An Executive Order No. 27 analysis is not required because the rulemaking requirements
of the New Jersey Sire Stakes, Division of Markets, New Jersey Department of
Agriculture, are dictated by the Sire Stakes Program: Establishment Act N.J.S.A. 5:5-91
et seq., and are not subject to any Federal requirements or standards.

"I, Charles M. Kuperus, Secretary, certify that the above analysis permits the public to understand accurately and plainly the purposes and expected consequences of the proposed new rules."

_____________________
Charles M. Kuperus, Secretary
Date:

Jobs Impact

The changes that are being presented for amendment will not result in the generation or loss of jobs in the state.

Agricultural Industry Impact

The proposed amendments are generally updates to outdated material and will have no impact on the agricultural industry.

Regulatory Flexibility Analysis

Many of the participants in the New Jersey Sire Stakes Program are small businesses as defined in the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. Therefore, a regulatory flexibility analysis is appropriate. The purpose of the Sire Stakes Program is to provide competition for New Jersey sired standardbred horses that is sufficiently challenging to improve the breed, sufficiently open to encourage maximum participation, and with economic incentives of sufficient magnitude to make participation worthwhile. The number of small businesses participating in the Program has remained stable each year. The Sire Stakes Board of Trustees believes that the program is beneficial to such businesses.

The proposed amendments are generally updating material that is outdated. The regulations that are being proposed for readoption and the amendments to those regulations include language which assures that all participants in the Sire Stakes Program are fairly and equitably treated regardless of the size of their business. Therefore, the proposals are not considered of such a burden to the participating small businesses as to require a separate standard based on business size. Further, in the interest of competitive fairness and to maintain the integrity of the Program, no differing standards based on business size are offered.

Smart Growth Impact

The proposed regulations shall not have an impact on the achievement of smart growth and the implementation of the State Development and Redevelopment Plan.

Full text of the proposed readoption can be found at N.J.A.C. 2:32-2.1 et seq. The proposed amendments follow (additions indicated in boldface thus; deletions indicated in brackets [thus]):

N.J.A.C. 2:32-2.20
Condition #18 ENTRY FEES (2:32-2.20)
Entry fees will be added to the basic purse in Green Acres and Pari-mutuel series races. Entry fees will be:

Pari-mutuel Division Green Acres Division
2 year olds…$500.00 2 year olds…$300
3 year olds…$600.00 3 year olds…$300

Entry fees for Pari-Mutuel Finals will be $2,500 at the Meadowlands and $1,500 at Freehold Raceway [and Garden State]. Entry fees for all Green Acres finals will be $500.

N.J.A.C. 2:32-2.27

Condition #24 FINAL RACES (2:32-2.27)

  1. There will be a two and three-year-old "Final" race in each Pari-mutuel Division at the Pari-mutuel raceways as scheduled by the New Jersey Sire Stakes Board of Trustees. There will be a Green Acres "Final" race in each Division for two and three-year-olds.

  2. Consolation races may be scheduled at the option of the tracks and shall be conducted under track rules. Horses eligible to race in the final events must race in the finals and not in the consolation events.

  3. Each Pari-mutuel Final will have a $2,500 entry fee at the Meadowlands and a $1,500 entry fee at Freehold Raceway [and Garden State] and is open to the highest New Jersey Sire Stakes point winners at the Meadowlands[, Garden State,] or Freehold Raceway that are declared in [an] and can be drawn to a post position in the first tier. Trailers are not permitted to start in any New Jersey Sire Stakes Finals.

  4. All horses competing in both the Pari-mutuel and Green Acres Finals at all tracks will be determined on a point basis. The point value will be awarded as follows:

    1. 50 points for winning a heat
    2. 25 points for placing second in a heat
    3. 12 points for placing third in a heat
    4. 8 points for placing fourth in a heat
    5. 5 points for placing fifth in a heat
    6. 4 points for placing sixth in a heat
    7. 3 points for placing seventh in a heat
    8. 2 points for placing eighth in a heat
    9. one point for placing ninth, 10th, 11th or 12th in a heat

  5. In the event of less than five starters, the points shall be awarded in the same fashion as the purse breakdown with less than five starters, as in N.J.A.C. 2:32-2.1 (Condition #20)

  6. In the event of a dead heat for any position in a New Jersey Sire Stakes race, the points shall be split evenly between the [two] horses involved as is currently done with the [moneys.] purse money.

  7. In the event of a tie in point standings for Final events, money won in Sire Stakes races in which points were accumulated shall be used to break the tie.

  8. In the event of a tie for the last spot in the top ten or top eight money winners for a Final event, the last spot in the Final will be drawn by lot from among the horses tied in both points and money winnings in the Sire Stakes and having the highest point totals and not included in the Final.

  9. Judges' "official order of finish" will be used in determining eligibility to Finals exclusive of all appeals yet to be decided at the time of closing of the entry box for Finals.

  10. Total points accumulated towards Final Race eligibility in the Pari-mutuel Division shall include only Pari-mutuel Division points. Only Green Acres Division race points count toward the Green Acres Final eligibility.

N.J.A.C. 2:32-2.36

Condition #32 ACTING ON APPEALS (2:32-2.36)

The Board of Trustees shall act on all appeals in accordance with the laws of the State of New Jersey and the rules and regulations promulgated by the Board of Trustees.

Make checks payable to: New Jersey Sire Stakes

Payments only to: New Jersey Sire Stakes
[Box 479]
[Newark, NJ 07101-0479]
PO Box 34400
Newark, NJ 07189-4400
Other Correspondence:
New Jersey Sire Stakes
PO Box 330
Trenton, NJ 08625
(609) 292-8830

_____________________
Charles M. Kuperus, Secretary
Date:

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