Washington Horse Racing
Commission
Meeting Minutes
May 18, 2007
Present were: Carol Smith-Merkulov, Chairperson;
Jeff Colliton, Commissioner; Paul George, Commissioner;
Dr. Bud Hallowell, DVM, Commissioner; Hartly Kruger,
Commissioner; Senator Mike Hewitt, Ex-officio member;
Robert M. Leichner, Executive Secretary; Patty Sorby,
Confidential Secretary.
Item #1. Approval of the meeting minutes of April
12 and 13, 2007.
Dr. Hallowell requested a change regarding the remarks
made by Glenda Roberts about raising the lower claiming
price during the April 12, 2007 public testimony.
Commissioner Kruger moved to approve the meeting
minutes to include the change requested by Commissioner
Hallowell. Commissioner Colliton seconded the motion.
Unanimously approved.
Dr. Hallowell asked about the additional funding
requested by Dr. Tucker regarding microscopic examinations
and Mr. Leichner said that he had not received any
further information or proposal.
Commissioner George moved to approve the minutes
of the April 13, 2007 meeting. Commissioner Hallowell
seconded the motion. Unanimously approved.
Item #2. Chairpersons’ report.
Chairperson Smith-Merkulov reported that she had
been spending time at the small race meets. She thought
Sun Downs had done very well and was well run. She
was impressed with the rail and felt an impressive
job had been done over the winter regarding the improvements.
She was looking forward to going to Waitsburg Days
of Real Sport tomorrow.
Commissioner Kruger said that Ohio had joined the
National Racing Compact.
Item #3. Emerald Downs’ report.
Mr. Bob Fraser reported the opening of Emerald Downs
best attendance since opening in 1996. Kentucky Derby
Day was very successful. Unfortunately with sickness
in the barn area there has been some short fields,
but things are looking better. He reported that simulcasting
continues to look good. Mr. Fraser said this weekend
is going to be big with the Preakness Stakes race
simulcast, there are some special offers for attendees
this weekend.
Mr. Fraser expressed thanks and appreciation to Senator
Hewitt with the legislation on advance deposit wagering.
Senator Hewitt asked why Emerald Downs considers
this the best opening since 1996. Had they changed
marketing? Mr. Fraser said that Susie Sourwine had
been doing an excellent job marketing Emerald Downs.
Commissioner Colliton remarked on the breakdown of
a horse at the finish line last weekend and asked
if the track condition was a factor. Mr. Fraser said
that was an unfortunate incident and the “track
man” is doing an excellent job and have received
many favorable remarks about the track surface.
Frank McDonald, President, WA Horsemen’s Benevolent
& Protective Association (HBPA) agreed with Mr.
Fraser about the track surface condition. Most of
the horsemen were satisfied.
Item #4. Update on WHRC regulatory reform effort.
Mr. Leichner updated the Commissioners regarding
the regulatory reform effort by the agency staff.
He said twenty-seven chapters had been reviewed: one
repealed; two chapters added; thirteen chapters revised;
three chapters scheduled for adoption today; one chapter
scheduled to repeal today; one chapter planned for
adoption in June 2007; and one chapter planned for
review during 2007.
Item #5. Report to the Commission – Public
records.
Mr. Leichner explained the public disclosure request
process and reported to the Commissioners on the last
four years of public disclosures. He reported that
98 percent of the time requests have been responded
to within five days. The remaining 2 percent took
longer but still were handled within the required
timeframes. He reported 161 requests, 149 provided
and 10 denied.
Item #6. Rules of Racing: Adoption:
a. Chapter 260-12 WAC General rules.
Mr. Leichner said this chapter is being amended to
place rules in a clear and understandable language
and to update the definition section; add three new
sections; and repeal sections no longer applicable.
MaryAnn O’Connell, Executive Director, WA HBPA
previously commented and those comments have been
included.
Staff recommends adoption to the proposed amendments
to chapter 260-12 WAC.
Dick Monahan, representing Blue Mountain Racing Circuit
(Class C meets) stated he had no comments to present.
Commissioner Kruger moved to adopt the amendments
to chapter 260-12 WAC. Commissioner Colliton seconded
the motion. Unanimously approved.
b. Chapter 260-20 WAC Association Grounds and Facilities.
Mr. Leichner said the amendments to WAC 260-20 are
to clean-up old and outdated language, amend sections
to reflect current practices and repeal outdated sections
dealing with association grounds and facilities. Staff
worked with Emerald Downs and Class C representatives.
Mr. Leichner said no public comment had been received
regarding these changes.
Staff recommends adoption of the proposed amendments
to chapter 260-20 WAC.
Commissioner Hallowell had some concerns regarding
the medical response time for an injured person on
the race track. Mr. Fraser said his only knowledge
of a person not being transported was the medical
team was stabilizing a person or taking readings to
stabilize the person.
Cliff Schellinger, President, Tri City Horse Racing
Association said the Sun Downs track is a mile from
Kennewick General Hospital, they have received very
quick response times.
Mr. Monahan said the change to WAC 260-20-160 regarding
the provision of a vehicle properly equipped and staffed
with two emergency medical techs during training is
not feasible for the Class C meets. He apologized
for not commenting but misunderstood this would apply
to the small race meets.
Mr. Leichner suggested adopting the amendments with
the exclusion of WAC 260-20-160 and make the necessary
changes and bring this section back before the Commissioners
to consider at the July or August meeting.
Commissioner Kruger moved to adopt the amendments
to chapter 260-20 WAC excluding WAC 260-20-160. Commissioner
George seconded the motion. Unanimously approved.
c. Chapter 260-42 WAC Postponements, Cancellations
and Preferences (Repealer).
Mr. Leichner said the amendments would repeal the
entire chapter 260-42 and moved two sections into
Chapter 260-40 WAC. The two sections moving into 260-40
are dealing with refunds when a stakes race is declared
off; and postponement of a race from day to day until
an off day intervenes.
Mr. Leichner said no public comment had been received
on these changes.
Staff recommends repealing chapter 260-42 WAC and
adopt the amendments to chapter 260-40.
Chairperson Smith-Merkulov moved to adopt two new
sections to chapter 260-40 WAC. Commissioner Colliton
seconded the motion. Unanimously approved.
Commissioner George asked if there would be no more
preferences and Mr. Leichner said it was the request
of the Board of Stewards to clean up this language.
Commissioner Colliton moved to repeal chapter 260-42
WAC. Commissioner Kruger seconded the motion. Unanimously
approved.
Item #7. Public comment:
a. Equine incentive grants.
Mr. Leichner related the remaining balance on the
rail grant and the barn renovations. The grant for
the wireless camera and the down payment for the WHRC
trailer had been disbursed. The WSU had requested
a partial draw on the research grant leaving a balance
of $27,628.55.
b. Jockey incentive.
The jockey incentive fund has been disbursed. Dick
Monahan said at first there was some discussion to
“tweak” the disbursement but decided the
disbursement worked very well at the end.
Shorty Martin, Racing Secretary to the small race
meets said he thought there was room for improvement
by making a requirement to ride all meets to receive
the incentive.
Mr. Leichner said he had received comments from Mr.
Bern Kent regarding the improvements made at Sun Downs
race track. Mr. Kent said it was by far the best he
had seen the track. The improvements were well received
and appreciated.
c. Other non-profit race meet concerns/issues.
Mr. Leichner discussed the 2008 grant requests received
by the May 15, 2007 closing date.
Commissioner George was concerned about the jockey
insurance price. Mr. Monahan said that was due to
Mr. Crockett not in a position to contribute what
he did last year of $750 per day.
Mr. Monahan thanked the Commission and Mr. Leichner
for assisting the Class C meets. He thanked Senator
Hewitt for the assistance with the legislation. He
wished to thank Dr. Colette Bergam (WHRC Veterinarian)
for assisting with the Walla Walla meet when they
were unable to have a vet on-site to administer the
required Furosemide injections. He also praised WHRC
Stewards, Robert Lightfoot and Charles Landells for
doing everything possible to keep the meet going.
Commissioner Kruger recognized Mr. Monahan’s
appointment to the American Quarter Horse Association
board. Mr. Monahan said there has never been a member
from the Northwest on the Board and it was an honor
to be selected.
BREAK. 2:19 PM. RECONVENED 2:35 PM.
Mr. Leichner updated the commissioners and audience
regarding the outbreak at Emerald Downs and around
the country on the neurologic form of Equine Herpes
Virus that is fatal to horses. The Washington state
veterinarian, Dr. Leonard Eldridge, Department of
Agriculture, Animal Services Division, held an informational
meeting with our staff and the veterinarians at Emerald
Downs on how to deal with the situation. It was within
Dr. Eldridge’s authority to quarantine the race
track if he felt the race track community was unresponsive.
Mr. Leichner said twelve sick horses had been tested
and six had returned positive. Dr. Hallowell said
the virus can be in the system of the horse without
any symptoms. Recommendations to avoid spreading the
disease was given. Dr. Eldridge was pleased with the
response from staff and Emerald Downs.
Dr. Hallowell said that some horses that test positive
may never have any symptoms and those that do and
become sick may recover completely.
Item #8. Executive Secretary report.
a. WHRC webpage usage report.
Mr. Leichner gave the Commissioners a copy of the
statistics regarding the number of visits to the WHRC
website. He said there were 41,022 visits per day
average for the month of March 2007.
b. Attendance at ARCI Parimutuel Auditors Conference
& Training and Commissioner/Executive Staff Training
Seminar, June 21 & 22, 2007.
Mr. Leichner requested approval for out-of-state
travel for Commissioner Colliton, Thelma Lynn and
Amanda Benton to attend the seminar in Minneapolis,
Minnesota.
Chairperson Smith-Merkulov moved to approve the request
to send Commissioner Colliton, Thelma Lynn and Amanda
Benton to the Parimutuel Auditors Conference in Minneapolis
on June 21 and 22, 2007. Commissioner Kruger seconded
the motion. Unanimously approved.
c. Accountant’s recap 2006/2007.
i. Emerald Downs – April
Mr. Leichner explained the accountant’s comparison
report for April 2006/2007 for Emerald Downs wagering.
ii. Sun Downs – April & May
Mr. Leichner explained the accountant’s comparison
report for April 2006/2007 for Sun Downs race meet
wagering.
iii. Walla Walla – May
Mr. Leichner explained the accountant’s comparison
report for May 2007 Walla Walla meet wagering.
d. 2005/2007 Budget update.
Mr. Leichner explained the revenues and expenditures.
The WHRC fund balance is $897,656
e. Equine Medical Director recruitment.
Mr. Leichner stated there hadn’t been a good
response to the Equine Medical Director recruitment.
The WHRC has contracted with the Department of Personnel’s
executive search program to take over the recruitment.
They will be handling the announcement, evaluating
any applicants to determine qualifications, and then
forward the top three qualified applicant names to
him. Mr. Leichner hoped to call for interviews in
mid-November, early December.
Mr. Leichner said the qualifications for the position
are posted on the WHRC website.
Item #9. Any other business that may be properly
brought before the commission.
Terry Jacoy, Waitsburg Days of Real Sport, thanked
the Commission for coming to the eastside and thanked
the Commissioners for the support through the equine
incentive grant funds.
Cliff Schellinger wanted to thank Mr. Ron Crockett,
President, Emerald Downs for the assistance in the
passage of the legislation for the small race meet
associations to be able to simulcast a race of regional
or national interest. It wouldn’t have passed
without his support.
Meeting adjourned. (3:30PM)
____________________________________
Robert M. Leichner, Executive Secretary
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