Washington Horse Racing
Commission
Meeting Minutes
April 12, 2007
Present were: Carol Smith-Merkulov, Chairperson;
Jeff Colliton, Commissioner; Paul George, Commissioner;
Dr. Bud Hallowell, DVM, Commissioner; Hartly Kruger,
Commissioner; Cindy Evans, Assistant Attorney General;
Robert M. Leichner, Executive Secretary; Patty Sorby,
Confidential Secretary.
Ms. Cindy Evans, Assistant Attorney General was introduced.
She will be representing the Commission during the
interim. Ms. Susan Carlson has accepted another position.
Item #1. Approval of the meeting minutes of March
8, 2007.
Commissioner Colliton moved to approve the meeting
minutes as submitted. Commissioner George seconded
the motion. Unanimously approved.
Item #2. Chairperson’s report.
Chairperson Smith-Merkulov said that most of the
past month was spent following the bills in the legislature.
Ms. Smith-Merkulov said the bill to allow the Class
C meets to simulcast races of regional or national
interest during their live meet was passed and on
the way to the Governor’s desk for signature.
Commissioner Colliton had visited the meet at Sun
Downs and reported that staff had done a good job.
The facility looked good, there was six inches of
sand added to the track. The outside rail, the new
lady jockey’s room, the men’s jockey room
all looked in good condition. There were three articles
on the front page of the local paper advertising the
meet. Mr. Schellinger was very happy and Commissioner
Colliton said the grant money had been spent well.
Commissioner Hallowell asked if there was advertising
elsewhere for the meet.
Commissioner George said he had not seen any articles
in the Yakima paper. He felt that Tri City Horse Racing
Association should spend more money on advertising.
Item #3. Emerald Downs and Lottery Commission presentation
to Commission members.
Susie Sourwine, Marketing Director, Emerald Downs
presented to the Commission the partnership that’s
been established between Emerald Downs and the Lottery
Commission. The Lottery is placing terminals into
the Emerald Downs facility to sell lottery tickets.
They have been favorably received. Ms. Sourwine explained
the partnership and the advertising that would take
place on the terminals for Emerald Downs.
Christopher Liu, Director, Lottery Commission expressed
his enthusiasm in working with Emerald Downs. The
Lottery has a place in everyday life and he wanted
to put horse racing into everyday life by offering
promotional opportunities through advertising on the
terminals and offering free visits to Emerald Downs
by purchasing lottery tickets. Mr. Liu commented that
he had been listening to the conversation regarding
the advertising on the small race meets in Eastern
Washington, he felt that with very little notice he
may be able to get some advertising done through the
lottery terminals located in Eastern Washington advertising
the small meets race dates.
Commissioner Kruger said the opportunity to have
Emerald Downs and the Lottery work together was a
very positive move and congratulated Susie Sourwine.
Ms. Sourwine in turn congratulated Mr. Adrian Buchan
as this was his project.
Item #4. Emerald Downs’ report.
Mr. Ron Crockett, President, Northwest Racing Associates
gave an overview of the past month’s wagering
and said the money for purses was following projections.
Mr. Crockett stated the situation with the grooms
had been resolved.
Commissioner Kruger asked what was the current horse
population. Mr. Crockett said they may get some horses
from Bay Meadows because they may be closing for good.
Item #5. Emerald Downs’ handicapping contests:
a. Report on March 10, 2007 All Stakes Saturday Handicapping
contest.
Mr. Buchan provided a recap. The contest was well
received with fifty handicappers entered. All participants
received a prize with the top four winners given cash
prizes.
b. Request for May 27, 2007 Emerald Horseplayer Handicapping
Contest.
Mr. Buchan discussed the request to conduct a handicapping
contest on May 27. This contest has a fifty dollar
entry fee and will be offered to a maximum of one
hundred contestants. All participants will receive
a prize and the top five placements will receive a
cash prize.
Commissioner Kruger moved to approve the May 27 Emerald
Horseplayer Handicapping Contest. Commissioner Colliton
seconded the motion. Unanimously approved.
Item #6. Emerald Downs’ – Youbet.com
contract – status report.
Mr. Leichner explained that the contract between
Emerald Downs and Youbet.com and the contract between
Emerald Downs and Xpressbet.com would expire soon.
Both contracts have been renewed and will expire March
31, 2008.
Mr. Crockett said the advance deposit wagering handle
was up over last year and felt this was good new.
Item #7. Satellite wagering facility change in Kittitas
County to the Wild Goose Casino in Ellensburg, WA.
Mr. Leichner said a request had been received from
Emerald Downs to relocate the Kittitas County satellite
wagering facility from Cle Elum to Ellensburg.
WHRC Investigator Dick Smith presented the background
report to the Commissioners and that staff recommended
approval.
Commissioner Colliton moved to approve the request
to relocate the satellite wagering facility to the
Wild Goose Casino in Ellensburg, Washington. Commissioner
Kruger seconded the motion. Unanimously approved.
BREAK 10:25 AM. Reconvene 10:33 AM.
Item #8. Discussion of draft rules for Washington
Bred horses.
Mr. Leichner presented proposed language for discussion
by stating the rules presented today for Chapter 260-16
WAC Washington-bred Horses, were draft rules, for
comments and discussion only and to receive input
from the public for corrections or changes. These
draft rules have not been filed with the Code Reviser.
Mr. Leichner explained the amendment to WAC 260-16-040
and said the one Washington bred only race per day
would apply at all race tracks including the non-profit
race meets.
WAC 260-16-050 was streamlined to recognize the organizations
to certify the foal as a Washington bred in Thoroughbreds,
Quarter Horses, Appaloosas and Arabians and Paint.
WAC 260-16-065 amended sections of owner’s
bonus and breeder’s award distribution. Specific
formulas for distribution of breeder’s awards
were developed. The WHRC would distribute owners and
breeders awards.
Mr. Leichner said a new section was added dealing
with the non-profit tracks exemption from collection
of and distribution of owner and breeder’s awards.
Chairperson Smith-Merkulov asked how much it would
cost to distribute the breeder awards. Mr. Leichner
stated it would cost approximately $4000.00 and that
staff was available to do this.
Public comment was received from Char Clark via email
showing support for current practices by the Washington
Thoroughbred Breeders Association on distributing
breeder awards.
Mr. Crockett asked for a clarification on the one
Washington bred race per day. In reading the proposed
rules, he asked if the Washington bred only race didn’t
fill, you would then go to a substitute race, if those
don’t fill you go to an extra, and if those
don’t fill you would cancel. So those few Washington
bred’s that were in that first race won’t
get the opportunity to race. Mr. Leichner confirmed
Mr. Crockett’s understanding.
Ralph Vacca, General Manager, asked under what authority
could the WHRC go against a statute requirement of
one Washington bred race per day. Mr. Vacca’s
commented on sending the awards out in a timely manner.
Charlie Dunn supported having a Washington bred race
per day.
Glenda Roberts supported one Washington bred race
per day and raise the bottom claiming price.
Debbie Pabst commented about her concerns with running
and the chance of losing your Washington bred in a
claiming race. She requested the bonuses be sooner
than the ninety days as listed in the WAC rule. Ms.
Pabst stated the WTBA was the best equipped to locate
and distribute the breeder bonuses but they could
not afford to do this without the five percent fee
charge.
Suzette Coleman commented on the practice of other
jurisdictions Pennsylvania, New York, Florida and
California regarding bonus awards and their fees are
set in statute.
Claudia Atwell-Canouse commented on the bonus awards
being mailed timely and hadn’t attended previous
Commission meetings and wanted to know why the WHRC
was taking over the distribution of the awards.
Chairperson Smith-Merkulov explained that the WTBA
had no authority to charge a fee for distributing
the awards and the WTBA made it very clear that they
would not do so without a fee.
Mr. Crockett commented that the past practice had
been to not follow the statutes as carefully as this
Commission was trying to do.
Anne Sweet, Editor, Washington Thoroughbred magazine,
commented they were not financially able to distribute
the bonuses without charging the five percent fee.
Mr. Dunn commented that he could not understand why
the WTBA was not taking a stand and enforcing the
one race per day, why have the rule if it cannot be
enforced.
Frank McDonald, President, Horsemen’s Benevolent
and Protective Association (HBPA) commented that the
breeders need funding and that there must be a way
to salvage them.
Ms. Atwell-Canouse asked what happens if the breeder
award is not claimed.
Mr. Leichner explained how the WHRC would locate
breeders addresses.
Chairperson Smith-Merkulov said after three years
for a private organization and two years for a governmental
entity if unclaimed, the amount is forwarded to the
Department of Revenue, Unclaimed Property Division
where it is held in perpetuity.
Chairperson Smith-Merkulov moved to file the proposed
rules that the staff distribute the awards as early
as possible. Commissioner Kruger seconded the motion.
Unanimously approved.
BREAK 12:30 PM. RECONVENED 1:30 PM.
Item #9. Legislative update.
Mr. Leichner stated that HB 1291 was on the Senate
floor, it hasn’t moved, but has assurances that
it will pass.
Senate Bill 5389 dealing with one race of regional
interest has been sent to the Governor for signature.
Item #10. Application for advance deposit wagering
license by Churchill Downs Technology Initiatives
Company dba TwinSpires.
Mr. Leichner presented the application to the Commission.
Mr. Leichner described the requirements required to
obtain a license. Mr. Leichner stated TwinSpires had
complied with all requirements. Staff recommended
approval of the application to conduct advance deposit
wagering.
Mr. Brad Blackwell appeared on behalf of TwinSpires,
he thanked Mr. Leichner for all his assistance and
asked for approval of the application.
Ms. Susie Sourwine, Marketing Director, Emerald Downs
requested approval of the application.
Commissioner Kruger moved to approve the license
application for advance deposit wagering by TwinSpires.
Commissioner Colliton seconded the motion. Unanimously
approved.
Item #11. Darrell Haire discussion of safety reins.
Mr. Darrell Haire, Western Regional Manager, Jockey
Guild Representative, demonstrated a new type of safety
rein. This rein now is made with a nylon safety feature
that is stitched inside of the leather rein. Several
manufacturers now make the rein. The first type of
safety rein had a piano wire and trainers objected.
Bryson Cooper presented a videotape of himself riding
a horse when the reins break and supported the use
of safety reins.
Mr. Haire said the rein would break if the rein gets
over the horse’s head and the horse steps on
the end it will safely break and not hurt the horse.
Mr. Leichner will follow-up with Darrell Haire to
get the manufacturers for both the nylon and the wire
reins.
Item #12. Executive Secretary’s report.
a. Class C simulcast approval.
i. Sun Downs – Kentucky Derby May 5, 2007
ii. Waitsburg – Preakness May 19, 2007
Mr. Leichner stated with the anticipated signing
of SB 5389 requested on behalf of the small tracks,
to approve Sun Downs to simulcast and wager on the
Kentucky Derby on May 5; and approve Waitsburg to
simulcast and wager on the Preakness on May 19.
Commissioner George moved to approve the simulcast
and wagering on the Kentucky Derby at Sun Downs and
the Preakness at Waitsburg. Chairperson Smith-Merkulov
seconded the motion. Unanimously approved.
b. 2007 Class C purse money.
Mr. Leichner gave the Commissioners a breakdown of
the purse money distribution for 2007 Class C race
meets.
c. Benton County Donohue Fund report.
Mr. Leichner presented the Donohue Fund monies utilized
by Benton County.
d. Accountant’s recap March 2006/2007.
Mr. Leichner presented the accountant’s recap
of the wagering comparison for same March 2006 to
March 2007 and the comparison of race year 2006 to
race year 2007.
e. 2005/2007 Budget.
Mr. Leichner discussed the revenues and expenditures.
The fund balance is $872,000.
f. Employee training.
Mr. Leichner said the annual employee in-service
training was held on April 2, 2007. Chairperson Smith-Merkulov
was in attendance and spoke to the employees in the
afternoon session.
g. Review and possible approval: Draft Policy: Compensation
for Ex-Officio and Commission Members.
Mr. Leichner said this is an amendment to the compensation
policy for the WHRC. This is for review and approval.
The time sheet has been changed to add the activity
for each day turned in and the Chair will sign the
time sheet.
Chairperson Smith-Merkulov moved to adopt the Compensation
for Ex-Officio and Commission Members. Commissioner
Colliton seconded the motion. Unanimously approved.
Item #13. Any other business that may be properly
brought before the Commission.
None.
Meeting adjourned. (2:55 PM)
____________________________________
Robert M. Leichner, Executive Secretary
Washington Horse Racing
Commission
Meeting Minutes
April 13, 2007
Present were: Carol Smith-Merkulov, Chairperson;
Jeff Colliton, Commissioner; Paul George, Commissioner;
Dr. Bud Hallowell, DVM, Commissioner; Hartly Kruger,
Commissioner; Robert M. Leichner, Executive Secretary;
Patty Sorby, Confidential Secretary.
Item #1. 2006 Equine Health and Safety Report, Dr.
Sally Calkins.
Washington Horse Racing Commission, State Veterinarian,
Dr. Sally Calkins, DVM gave the 2006 annual report
on equine health and safety. Dr. Calkins spoke regarding
medication testing, mediation violations, postmortem
exams and goals.
Dr. Calkins requested the split sample labs as proposed
be approved by the WHRC.
Commissioner Kruger moved to approve the list of
split sample laboratories. Commissioner Hallowell
seconded the motion. Unanimously approved.
Item #2. Dr. Russell Tucker, Director of Radiology
VMTH, WA State University presentation.
Dr. Russell Tucker gave a presentation/discussion
on radiology (MRIs), racehorse breakdown at Emerald
Downs for 2006. Dr. Tucker explained the process for
the MRIs, and gave an overview of looking for pre-exiting
injuries, objective of the program, materials and
methods and reporting of the gross necropsy results.
Dr. Tucker summarized the complexity of race horse
deaths, how valuable the detection of sub-clinical
injuries are, more history on the analysis of lesions
detected by MRI need to be completed. Dr. Tucker stated
that approximately fifty percent of the injuries were
resulting from catastrophic breakdowns. Dr. Tucker
recommended standardizing the protocols for imaging
and necropsy and that MRIs should be read by multiple
people. He concluded that by looking at current data
a determination on how to improve future studies could
be done and that years of data will provide more complete
data to analyze factors associated with race track
breakdowns.
Item #3. Status report on “An Evaluation of
a New Surgical Treatment for Desmitis of the Proximal
Insertion of the Suspensory Ligament in Horses.”
Dr. Robert Schneider was unable to attend the meeting
but had sent a summary that Dr. Russell Tucker presented
on Dr. Schneider’s behalf. Dr. Schneider thanked
the WHRC for funding the research project. He was
able to begin earlier than anticipated and indicated
the project was well ahead of schedule. He said the
project was going well and generating new information.
The project is near completion.
Dr. Schneider requested to divert some of the funds
for the graduate student, Dr. Brokken to travel to
the University of Virginia to complete the project.
It was a part of the initial grant but the travel
was not identified as a line item request. There would
be no additional funds required.
Mr. Leichner was given authority to approve the travel
costs and he would send a letter to Dr. Schneider.
Meeting adjourned. (12:05 PM)
____________________________________
Robert M. Leichner, Executive Secretary
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