Section 4108.8 is hereby amended to read:

4108.8. Types of races to be offered.

(a) In presenting a program of racing, the racing secretary shall use the following types of races only:

(1) [(a)] stakes and futurities;

(2) [(b)] early closing events;

(3) [(c)] overnight events:

(i) [(1)] conditioned races;

(ii) [(2)] claiming races;

(iii) [(3)] preferred races limited to the fastest horses at the meeting. These may be open races, free-for-all races, invitational races, conditioned races. Horses to be eligible in such races shall be posted in the declaration room, and listed with the presiding judge. Horses so listed shall not be eligible to conditioned races unless such conditions specifically include horses on the preferred list. Not more than 12 such preferred races may be conducted during a racing week. Purses offered for such preferred races shall be at least 25 percent higher than the highest purse offered for other conditioned races or letter class races scheduled the same racing week. A two or three year old horse may not be used in such races, without the consent of the owner, unless such horse has won three races at the track during the year or has lifetime earnings of $ 15,000;

(iv) [(4)] classified races but only with the express written permission of the commission and only if the track offers and schedules sufficient claiming races to give those horses authorized for claiming races and intended to be so raced an equal opportunity to race; and

(v) [(5)] invitational races for two or three year olds.

(b) Notwithstanding any preference requirements set forth in Rules 4108.9 and 4111.9(a), the racing secretary may offer condition races or claiming races that limit entries only to horses that have competed at licensed New York State tracks for the majority of their most recent starts.  The racing secretary may establish the limitation for each race.  The limitation shall not exceed seventy-five percent of the most recent starts for an individual race.  At least one race must be carded in the same class without the New York limitation on the same or the next race date for each race that is carded with the New York limitation.