The Horsemen's Journal - Summer 2013 by The Horsemen's Journal

Summer fall 1013

OFFICIAL SPONSOR OFFICIAL SPONSOR of NationalHBPA HBPA of the the National

volume 60/ # 2

summer 20 13

Departments

2 Message from the National HBPA

7 Industry News

12 HBPA News

14 Legislative Update

Research & Medication Update

18 Medication Committee Corner

2013 Racing Schedule for North America

Talking in Tampa â&#x20AC;&#x201C; The National HBPAâ&#x20AC;&#x2122;s Winter Convention

Immigration, medication and continuing education for trainers were hot topics in Florida

Affiliate News

features

Out-of-Competition Testing

Understanding Wobbler Syndrome

Immigration Game Changer

Hyberbaric Healing

Major reforms on the horizon offer benefits and challenges to horsemen

The use of hyperbaric oxygen chambers continues to evolve in the equine world

Coming to a barn or training facility near you

New research is starting to put the puzzle pieces together on the various causes of the condition

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hj in every issue

message from

the CEO

Dear Horsewomen and Horsemen of the National HBPA:

National HBPA 870 Corporate Drive Suite 300 Lexington, KY 40503 P(859) 259-0451 F(859) 259-0452 racing@hbpa.org www.nationalhbpa.com

President/ Chairperson of the Board Robin Richards Secretary/ Treasurer Ron Maus Chief Executive Officer Phil Hanrahan Vice President Central Region Leroy Gessmann Vice President Southern Region Rick Hiles Vice President Western Region Ron Maus

HJ Summer

The last three months have been very busy for the National HBPA, owners and trainers on a variety of fronts. Medication issues continue to grab headlines. I am sure most of you are aware of the Mid-Atlantic region’s efforts to limit medications to 24 specified medications with all other medications being prohibited substances. The Racing Medication and Testing Consortium (RMTC), in conjunction with the Association of Racing Commissioners International (RCI) and others in the industry, developed this list. The NHBPA’s current position is this list of 24 medications is too narrow and should be expanded to include a number of the approximately 50 medications originally approved by the RMTC and the American Association of Equine Practitioners (AAEP). One of the major shortcomings with the list of 24 medications is that when the list was shortened, there was apparently not a panel of nationally recognized racetrack veterinarians consulted regarding the plusses and minuses of each medication from the practicing veterinarians’ point of view. This is a serious shortcoming that we hope to address in the next few months. On a related note, the NHBPA’s Model Rules Committee, chaired by Dave Basler, proposed to the RCI that the Model Rules needed to address the issue of endogenous, dietary and environmental substances (EDEs). These substances are things like testosterone (which is naturally found in both male and female horses), scopolamine (which comes from jimson weed) and caffeine. These substances, at certain low levels, are normally found in a horse. Regulators need to acknowledge that the presence of EDE substances at certain low levels is not cause for sanctions. If these substances are improperly used, then penalties may be appropriate. On the subject of penalties, there is a move underway, led by the RCI and others in our industry, to come up with a standard Multiple Violations Penalty System (MVPS). This system, patterned after the traffic violation points system used in many states, as currently drafted, assigns points for medication violations. The more severe the violation, the more points a trainer would receive. As a trainer crosses certain point levels, the trainer receives additional sanctions, which are currently envisioned as mandatory suspensions. Sanctions under the MVPS are in addition to sanctions imposed by state racing commissions. The MVPS also envisions that, with the passage of time, certain violations and the points related thereto would be removed from a trainer’s records. The NHBPA’s Model Rules Committee and Medication Committee, chaired by Kent Stirling, will both be reviewing the MVPS proposal and preparing a response as appropriate. I anticipate the penalty proposal may be a topic at our Summer Convention in July. Conceptually the NHBPA is in favor of national uniform penalties; however, the devil is in the details in terms of exactly what those penalties should be and how the penalty system should operate. On a related front, there is some potential action in Congress regarding medication issues. One bill envisions that medications will be regulated and enforced by the U.S. Anti-Doping Agency (USADA). A second potential bill envisions the creation of a National Racing Medication Committee that would enforce The Jockey Club’s Reformed Racing Medication Rules on a national basis. It is too soon to tell if either of these bills will move forward through the legislative process. If the past is a predictor of the future, it is unlikely, at least as of now, that either bill will become law, especially in light of the progress the industry itself is making on medication rules and penalties. On page 25 of this issue of The Horsemen’s Journal, you will find a survey regarding the topic of continuing education (CE) for

trainers. For those of you who attended the National HBPA Winter Convention, the Welfare and Safety of the Racehorse Summit (WSS) Education and Licensing Committee presented a forum on this topic. Indiana and Colorado currently have a four-hour annual CE requirement. Washington has voluntarily conducted CE classes. Various people attending the Winter Convention suggested that a survey be conducted on the general topic of CE and the specific topic of CE subjects. Trainers (and owners) can either complete the survey in this magazine and mail it to the NHBPA or go to the NHBPA’s website at www.hbpa.org and complete the survey online. The online survey only should take about a few minutes to complete. In either case, we ask that you complete the survey on or before July 15. We plan on publishing the results of the survey in a future edition of The Horsemen’s Journal. While I am on the subject of the Winter Convention, I want to publicly thank Bob Jeffries and the entire board of directors of the Tampa Bay Downs HBPA for hosting the event. Also, thanks to the management and staff of Tampa Bay Downs for hosting a great day at the races. Finally, I want to thank Laura Plato for all her hard work in organizing the logistics associated with the Convention. In April, your NHBPA Executive Committee held its spring meeting in Lexington. A variety of operational and policy matters were discussed. Several of these matters were referred to NHBPA committees for refinement and recommendations to be presented at the Summer Convention. Please plan on attending the Summer Convention, which will be hosted by the Minnesota HBPA at Mystic Lake Casino near Canterbury Park on July 11-14. Our committee system plays a vital role in formulating policies and procedures for the NHBPA. In general, membership on the committees is open to any affiliate officers, directors and executive directors. If you are not currently serving on one or more committees, please consider sharing your time and talents by joining a committee. Committee membership is another way for you to have your voice heard and a way to help improve our organization and our industry as a whole. As always, if any of you are in Lexington, please stop by the NHBPA’s office. We welcome your comments, feedback and visits. May the Racing Gods smile on you, and may you have many visits to the winner’s circle.

Sincerely,

Phil Hanrahan Chief Executive Officer

contributors Denis Blake Kimberly French Craig McDougal Peter J. Sacopulos, JD Kent H. Stirling Heather Smith Thomas William Velie

The

National HBPA

Would Like To Thank Its Corporate

sponsors Affiliates Board of Directors - Affiliates Dr. David Harrington, Alabama J. Lloyd Yother, Arizona Linda Gaston, Arkansas David Milburn, Canada Randy Funkhouser, Charles Town Mark McGregor, Colorado Dave Brown, Finger Lakes Phil Combest, Florida Mark Buckley, Idaho Jerry Hammond, Illinois Joe Davis, Indiana Leroy Gessmann, Iowa Rick Hiles, Kentucky Stanley Seelig, Louisiana George Kutlenios, Michigan Tom Metzen, Minnesota R.C. Forster, Montana John W. Baird, Mountaineer Park Todd Veerhusen, Nebraska Anthony Spadea, New England Tim Hamm, Ohio Bill Anderson, Oklahoma Sue Leslie, Ontario Steve Fisher, Oregon Tim Shea, Pennsylvania Robert Jeffries, Tampa Bay Downs Dr. Tommy Hays, Texas Horsemen’s Partnership, LLP Davis Ross, Virginia Ron Maus, Washington

The views expressed on these pages are those of the authors and/or advertisers, and they may or may not reflect the positions and/or beliefs of the National Horsemen’s Benevolent & Protective Association, its officers, or Board of Directors. The Horsemen’s Journal, Volume 60 #2. Postal Information: The Horsemen’s Journal (ISSN 0018-5256) is published quarterly by the National Horsemen’s Administration Corporation, with publishing offices at P.O. Box 8645, Round Rock, TX 78683. Copyright 2013 all rights reserved. The Horsemen’s Journal is the official publication for members of the Horsemen’s Benevolent & Protective Association, a representative association of Thoroughbred and Quarter Horse owners and trainers. HBPA is a non-profit 501(c)6 Kentucky corporation. Members receive The Horsemen’s Journal as a benefit of membership paid by the national office from affiliate dues. Annual non-member subscriptions are $14. Single-copy back issues, if available, are $7. Canadian subscribers add $6. All other

photographers Denis Blake Churchill Downs Coady Photography Greg Hirschoren Merri Melde Remington Park staff Denis Blake Editor 512-695-4541 E-mail: hj@hbpa.org Jennifer Vanier Allen Advertising Director 512-225-4483 509-272-1640 fax E-mail: advertising@hbpa.org Limb Design www.limbdesign.com Graphic Design The Horsemen’s Journal 870 Corporate Drive, Suite 300 Lexington, KY 40503-5419 Phone: 512-695-4541 Fax: 859-259-0452 E-mail: hj@hbpa.org HBPA Website: www.nationalhbpa.com Cover Photo: Merri Melde

subscriptions outside the U.S. add $20 payable in U. S. funds. To order reprints or subscriptions, call (866) 245-1711. The HBPA National Board of Directors has determined that the publication of this periodical is necessary in the transaction of the public business required of the association. Views and opinions expressed are those of the authors and/or advertisers and do not necessarily represent the opinion or policy of the publisher or HBPA board or staff. Query the editor prior to sending any manuscripts. Periodicals Postage Paid at Round Rock, Texas and additional mailing offices. CANADA POST: Publications mail agreement no. 41530527. Return undeliverable Canadian addresses to: P. O. Box 503, RPO West Beaver Creek, Richmond Hill, ON L4B 4R6. Postmaster: Send address changes to The Horsemen’s Journal, P.O. Box 911188, Lexington, KY 40591-1188.

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h ®

Stake 3

~ 4 4 T H

R U N N I N G ~

THE WESTTo beVIRGINIA DERBY GRADE II run SATURDAY, AUGUST 3, 2013 (Special First Race Post Time ~ 2:00 pm)

$750,000 GUARANTEED. (PLUS A BONUS OF $150,000 TO ANY GRADE I / GROUP I WINNER THAT WINS THE WEST VIRGINIA DERBY)

STAKES

FOR THREE YEAR OLDS.

No Nomination Fee. $1,000 to pass the entry box. $2,500 additional to start. Money to be divided: $435,750 to Winner; $150,000 to Second; $75,000 to Third; $37,500 to Fourth; $15,000 to Fifth; $5,250 to Sixth through Twelfth. Weight: 124 lbs. Winners of Two Grade I races at One Mile or over in 2013… 2 lbs. additional; Non-winners of a Grade I race at One Mile or over in 2013…allowed 2 lbs.; Non-winners of a Grade II race at One Mile or over in 2013… 4 lbs.; Non-winners of a Grade III race at One Mile or over in 2013… 6 lbs.; Non-winners of $150,000 at One Mile or over in 2013… 8 lbs.. The owner and trainer of any West Virginia Derby starter that has won a leg of the Triple Crown in 2013 shall each receive a bonus of $25,000 per race. THIS RACE W ILL NOT BE DIVIDED. This race is limited to Twelve (12) Starters with four (4) also eligibles. In the event more than twelve (12) entries pass the entry box, the twelve (12) starters will be determined with first preference given to the Highest Graded/Group Winners, and second preference given to those that have accumulated the highest total earnings at the close of entries. Same owner entries will have equal draw. For those who enter and are eliminated, the Entry Fee will be refunded. Starters to be named through the Entry Box Tuesday, July 30, 2013 by usual time of closing. Trophy to the Winning Owner, Trainer and Jockey.

ONE MILE AND ONE-EIGHTH

NOMINATIONS CLOSE MONDAY, JULY 22, 2013.

HORSE

COL OR

SEX

AGE

F&M F&M

3 3

Track Last Started _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Date of Last Start _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Trainer _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Trainer’s Phone (

) _____________________________________

Owner _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Owner’s Phone

)_____________________________________

Permanent Address _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

City _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

(

State_ _ _ _ _ _ _ _ _ _

Zip _ _ _ _ _ _ _ _ _ _ _

Signed_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Forward all nominations to: JOSEP H J. NARCAVIS H, Racing Secretary • Mountaineer Casino, Racetrack & Resort • P.O. Box 358 • Chester, WV 26034 • (800) 477-2238 • FAX (304) 387-8312

industry news

hj news

Kentucky Derby Posts Big Television Ratings

NBC Sports’ coverage of the May 4 Kentucky Derby at Churchill Downs drew 16.2 million viewers, making it the second mostwatched Run for the Roses in the past 25 editions. The viewership for the race was up nine percent from last year’s Derby (14.8 million) and up 12 percent from the Derby in 2011 (14.5 million), according to official national data provided by The Nielsen Company. Three of the last five Kentucky Derby races have recorded at least 16 million viewers on NBC. Orb’s victory was the second most-watched Kentucky Derby dating back to 1989 (18.5 million on ABC), only surpassed by the 2010 Derby won by Super Saver (16.5 million). This year’s Derby equated to a rating of 9.7 and a share

of 21. Each rating point represents one percent of the total number of U.S. households, and share measures the percentage of TVs in use viewing the program. The pre-race coverage on NBC drew 9.1 million viewers, an increase of 12 percent from last year (8.1 million) and the second-best pre-race viewership dating back to 1992. The Kentucky Derby once again proved to be very popular with female viewers. In fact, 52 percent of Derby viewers were women, making it the only annual sporting event that draws more female viewers than male viewers. Despite heavy rains in the Louisville area, Churchill Downs reported an attendance of 151,616 for the 139th running of the Kentucky Derby Presented by Yum! Brands. All-sources handle on the entire Kentucky Derby Day card came in at $184.6 million, down about one percent from last year’s all-time record $187 million, while wagering on the Derby itself dropped about two percent from last year’s record $133.1 to $130.5 million. The 2013 figures for handle on the full card and the Derby both rank second all-time.

America’s Best Racing Launches ABRV Bus Tour to Attract New Fans America's Best Racing

As part of an ongoing commitment to new fan development, America’s Best Racing (ABR) has launched a national bus tour designed to increase interest in the lifestyle and competition of America’s high-profile Thoroughbred races and big event days across the country. Dubbed the “ABRV,” the 45-foot-long tour bus travels around the country with six young, enthusiastic brand ambassadors. The ambassadors meet with national and local media outlets and appear on college campuses, as well as in high-traffic areas and strategic locations within each destination city. The energetic group focuses on attracting a younger audience to the sport of horse racing, specifically the big race day events in each city.

The brand ambassadors also contribute blogs, videos and images from their ABRV journey to be posted on the America’s Best Racing website at www.followhorseracing.com. While the ABRV tour focuses on promoting racing’s biggest events throughout the year, the bus and its brand ambassadors also will appear at mainstream events such as top sporting, pop culture and entertainment venues around the country to further interact with the target demographic of the millennial generation. The ABRV commenced in mid-March at the South by Southwest (SXSW) music and film festival in Austin, Texas, followed by a trip to the Florida Derby. Upcoming stops on the ABRV tour include the Haskell Invitational Stakes at Monmouth Park, the Pacific Classic Stakes at Del Mar and the MTV Music Awards in Los Angeles. The ABRV will also be at the Breeders’ Cup World Championships at Santa Anita Park. America's Best Racing is an initiative of The Jockey Club.

Churchill Downs

Calvin Borel Headlines 2013 Hall of Fame Class

Calvin Borel

Three-time Kentucky Derby-winning jockey Calvin Borel and the racehorses Housebuster, Invasor, Lure, McDynamo and Tuscalee have been elected to the National Museum of Racing and Hall of Fame. Borel, Housebuster, Invasor and Lure were selected in the contemporary category, while McDynamo and Tuscalee were chosen by the Museum’s Steeplechase Review Committee. The electees will be inducted into the Hall of Fame on August 9 at 10:30 a.m. at the Fasig-Tipton sales pavilion. Borel, 46, has won 5,012 races and has purse

earnings of $120,859,986 in a career that began in 1983. He is the only jockey to win the Kentucky Derby three times in a four-year span, accomplishing the feat with Street Sense (2007), Mine That Bird (2009) and Super Saver (2010). His three victories in the Run for the Roses are surpassed only by Hall of Famers Eddie Arcaro and Bill Hartack with five each and Hall of Famer Bill Shoemaker with four. Housebuster won 15 times in 22 career starts and earned $1,229,696. He won the Eclipse Award for Outstanding Sprinter in 1990 and 1991. Bred in Kentucky by Blanche P. Levy and owned by her son, Robert P. Levy, Housebuster scored 11 of his 15 wins in graded stakes races. He was trained by Hall of Famer Warren A. Croll Jr. (continued on page 8) www.nationalhbpa.com

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industry news

(continued from page 7) Invasor was bred in Argentina and won 11 of 12 career starts with earnings of $7,804,070. He was named Horse of the Year and Champion Older Male in 2006 at age 4 when his victories included the Breeders’ Cup Classic. At age 5, Invasor won the Dubai World Cup. He was trained at ages 4 and 5 by Kiaran P. McLaughlin. Prior to that, Invasor won the Uruguayan Triple Crown in 2005 for trainer Anibal San Martin. Following the Uruguayan Triple Crown victories, Invasor was purchased by Sheik Hamdan bin Rashid al Maktoum to run for Shadwell Stable. Lure won 14 of 25 career starts with earnings of $2,515,289. Bred and owned by Claiborne Farm (Seth Hancock, president), Lure won the Breeders’ Cup Mile in 1992 and 1993. He won nine graded stakes, including three Grade 1 events. He was trained by Hall of Famer Claude R. “Shug” McGaughey III. McDynamo won 17 of 34 career starts and retired as the all-time leading

earner among steeplechase horses with $1,310,104. He was owned by Michael J. Moran and trained by Sanna Hendriks. Tuscalee won 39 of 89 career starts with career earnings of $130,917 while racing from 1963 through 1972. He ran for breeder Alfred H. Smith Sr. and was trained by Joe Aitcheson Sr. The contemporary electees were chosen from a nationwide voting panel comprised of 179 racing writers, broadcasters, industry officials and historians from a group of 10 finalists selected by the Museum’s Nominating Committee. The Museum will announce as many as two inductees as inaugural selections to the Pillars of the Turf category for the Hall of Fame in May. Pillars of the Turf is a new Hall of Fame designation approved by the Museum’s Executive Committee to honor esteemed individuals who have made valuable contributions to the sport of Thoroughbred racing.

Remington Park

Scott Wells Elected President of TRA The Thoroughbred Racing Associations (TRA) Board of Directors elected the organization’s 36th president at its March 5 meeting in Tampa, Florida. Scott Wells, president and general manager of Remington Park in Oklahoma City, was elected to succeed Chris McErlean, who had served since 2011. Wells, the son and grandson of noted horsemen, served as assistant trainer to two Hall of Scott Wells Famers in D. Wayne Lukas and Jack Van Berg, and trained horses himself in the 1970s and 1980s before taking an entry-level job in the Remington Park press box in 1990. By 1993, he was assistant general manager at Hollywood Park and soon became general manager of Ruidoso Downs. Working for Lone Star Park, Wells was instrumental in the reopening of the Hipodromo de las Americas in Mexico City and oversaw the reopening of Maronas, the national racetrack of Uruguay. He returned to Remington in 2005 and led the track through construction of a casino and eventually through the transition to new ownership, as the track was acquired by Global Gaming

Solutions in 2010. “The TRA brings together many of the most brilliant and dedicated people in the sport of racing,” said Wells. “To serve the organization is an honor and a pleasure, but I consider it more an opportunity to continue to learn from my colleagues. One thing we all agree on—we have a great product and a passionate fan base. Gaining market share in today’s competitive market will be an ongoing challenge. But by investing resources and creativity and through collaboration with our partners, the horsemen and the fans, we can grow this sport in meaningful ways.” The TRA Board also elected Peter N. Berube, vice president and general manager of Tampa Bay Downs, as vice president, and Joe Wilson, COO of racing operations for Greenwood Racing, as secretary. Re-elected were Randall D. Sampson, president and general manager of Canterbury Park, as vice president, William I. Fasy, president of Delaware Park, as treasurer and Christopher N. Scherf as executive vice president. Newly elected to the TRA board as directors or alternates were Dan Silver for Penn National, Bill Thomason for Keeneland and John Walsh for Hawthorne.

The Jockey Club’s Online Fact Book for 2012 Now Online The Jockey Club’s 2012 edition of the Online Fact Book is available within the Publications and Resources section of its website at www.jockeyclub.com. The Online Fact Book is a statistical and informational guide to Thoroughbred breeding, racing and auction sales in North America and includes some state and provincial analysis. Also available are state fact books, which feature detailed breeding, racing and auction sales information specific to numerous states and Canadian provinces. The state fact books are updated monthly.

“We produce these fact books as a service to the industry and as a way to benchmark trends in the Thoroughbred industry,” said James L. Gagliano, president and chief operating officer of The Jockey Club. “They provide valuable, educational insight into Thoroughbred breeding and racing, and we believe they will be helpful to industry stakeholders and newcomers to our sport as we launch many of the fan development initiatives recommended last summer by McKinsey & Company to grow our sport.” The print edition of the 2012 Fact Book was published in April.

Equibase Announces Entries Plus for Smartphones and Tablets Equibase Company announced the availability of its Entries Plus product on mobile devices and through QR codes found in hardcopy track programs across the country. The interactive free product is available for every race at all North American racetracks. Entries Plus takes the data found in each race entry, couples it with basic racing performance information and presents it all in an interactive graphic format. Information on every horse in the field is presented in three visual categories—bar charts, line graphs and color bars—in addition to an overall 8

HJ Summer

snapshot category for each race. Fans can sort columns, add and delete only the horses they want to see and touch the graphs to reveal specific data on each horse. “Newer fans no longer face the barrier of studying past performances to place informed wagers,” said Equibase President and COO Hank Zeitlin. “They can now easily engage with data using the customizable charts and graphs of Entries Plus right on their smartphones.” Entries Plus was unveiled last December on www.equibase.com and is accessible via a link within the entries section of the website.

Thoroughbred Aftercare Alliance Accredits First Three Organizations The Thoroughbred Aftercare Alliance (TAA) announced that it has accredited its first three Thoroughbred aftercare facilities: Florida Thoroughbred Retirement and Adoptive Care in Palm City, Florida; New Vocations in Marysville, Ohio; and Southern California Thoroughbred Rescue in Norco, California. The three facilities are now eligible to receive financial support from the TAA for the ongoing care of retired Thoroughbreds. Following a detailed application process and careful onsite examinations by TAA inspectors and independent veterinarians, Florida Thoroughbred Retirement and Adoptive Care, New Vocations and Southern California Thoroughbred Rescue were each judged to have met or exceeded TAA requirements in the areas of operations, education, horse care management, facility standards and services and adoption policies and protocols. “We are honored to be among the first aftercare facilities accredited by the Thoroughbred Aftercare Alliance,” said Barbi Moline, director of Florida Thoroughbred Retirement and Adoptive Care. “The support of the TAA will help ensure that we can continue to give Thoroughbreds the lives they deserve after their racing days are over.” “We are very proud to be accredited by the TAA,” said Anna Ford, program director for New Vocations. “We have new horses arriving into the program on a weekly basis, and it’s only through grants and private donations that our doors have remained open.”

AT THE END OF THE DAY, THE RACE WAS RUN - AND WON WITH KERCKHAERT HORSESHOES IN THE LEAD.

Kerckhaert and FPD congratulates all of the trainers and farriers that worked with the Kentucky Derby and Oaks horses. We appreciate the confidence and support you have shown in your use of Kerckhaert race plates for these important races. Kerckhaert will continue to provide the most innovative horseshoes and nails; ensuring the best performance and results.

“This accreditation will go a long way toward rescuing additional horses and providing excellent care to those horses at our facility awaiting new adoptive homes.” said Caroline Betts, founder and president of Southern California Thoroughbred Rescue. “The TAA standards were thorough and demanding, and we are proud to have met those requirements.” Facilities eligible to apply for TAA accreditation include those conforming to the following four broad standards: • Possess 501(c)(3) tax exempt status • Have been operational for at least three years • Care for a resident population of at least five horses, with at least half the horses being Thoroughbreds • Follow a euthanasia policy consistent with that of the American Association of Equine Practitioners (AAEP) The complete TAA Code of Standards for aftercare facilities and the accreditation application are available at www.thoroughbredaftercare.org. Based in Lexington, Kentucky, the TAA is designed to serve as both the accrediting body for aftercare facilities that care for Thoroughbreds following the conclusion of their racing careers and a fundraising body to support these approved facilities. Funded initially by seed money from Breeders’ Cup Ltd., The Jockey Club and Keeneland Association, the TAA is comprised of and supported by owners, trainers, breeders, racetracks, jockeys, aftercare professionals and other industry groups. To support the TAA, please visit their website or call (859) 224-2756.

NEW! KERCKHAERT LEGENDARY XT

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Follow the HoofWall™ Blog • farrierproducts.com/blog www.facebook.com/FarrierProductDistribution

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NHBPA Summer

hbpa news

Convention Set for July 11-14 in Minnesota

The National HBPA’s Summer Convention is headed north and will be held on July 11-14. The Minnesota HBPA will host the event at Mystic Lake Casino near Canterbury Park, just outside of Minneapolis/St. Paul. The Convention will kick off on July 11 with a cocktail party followed by two full days of meetings. On July 12, attendees will head to Canterbury for a night at the races, and the Convention will wrap up on July 14 with the NHBPA Board of Directors meeting. Registration is $350 for members and $150 for spouses/significant others.

National HBPA

For hotel reservations, contact Mystic Lake Casino Hotel at 1-800-262-7799 and ask for the National HBPA rate. The deadline for the group rate of $129/night single occupancy and $139/night double occupancy is June 14, and those rates include a $10/day dining voucher per person to be used at any of the property’s eight restaurants. For further information, go to www.hbpa.org or contact the NHBPA office at (859) 259-0451.

Launches “Quest for the Crown”

The National HBPA in February launched a new online feature called the “Quest for the Crown” to give racing fans and horsemen fast and easy access to a wealth of information as this year’s crop of 3-year-olds raced toward the Triple Crown. Each week, the National HBPA blog at nationalhbpa.blogspot.com previewed the upcoming weekend’s major 3-year-old stakes on the road to the Kentucky Derby, Preakness Stakes and Belmont Stakes. The blog also provided previews of those three Triple Crown events. “There is an incredible amount of information about these important races available online,” said Phil Hanrahan, CEO of the National HBPA, “but it can be a time-consuming process to find it all on a weekly basis, especially when it’s off the beaten path. With this new online feature, we are making a huge amount of this information available in one place.” Robin Richards, president and chair of the NHBPA added, “This collection

of information at a single site should assist handicappers and race fans alike as we move toward America’s favorite day of horse racing on the first Saturday of May.” The Quest for the Crown provided links to news, video, commentary and handicapping information for each race from a variety of sources, from the major racing media sites and racetracks to smaller blogs that often feature incisive information but are sometimes overlooked or hard to find through a simple web search. The blog format also allows users to post their own comments and selections and interact with others. The NHBPA blog will also feature the “Quest for the Breeders’ Cup” to provide similar coverage for major races around the country. The $1.5 million Charles Town Classic (G2), won by Game on Dude on April 20, was the first race to be covered. Denis Blake

HJ Summer

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By Brian W. Fitzgerald, American Continental Group

national Hbpa

legislative

update

Medication Legislation

HJ Summer

As was reported in the national press in the run up to the Kentucky Derby, Representative Joe Pitts (R-PA), Representative Ed Whitfield (R-KY) and Senator Tom Udall (D-NM) are poised to introduce new federal medication legislation, “The Horseracing Integrity and Safety Act of 2013.” According to a draft of their proposed legislation that was recently made available by Senator Udall’s office and discussed at the Annual Equine Law Conference in Lexington, Kentucky, in early May, the draft bill would establish the U.S. Anti-Doping Agency (USADA) as the national drug czar of horse racing by giving USADA full authority to establish and enforce uniform medication rules that would govern all horse races in the United States with simulcast wagering. USADA is a non-governmental organization that has been designated for many years as the anti-doping agency for the U.S. Olympics. The draft bill would also provide for a two-year transition rule for the use of Lasix for horses three years of age or older. Finally, all of the costs associated with USADA’s fulfillment of its new role under the legislation would be paid for by the racetracks. Any of the draft bill’s provisions described above could be changed before the legislation’s formal introduction. As in past years, upon the introduction of the legislation in the House and Senate, it is expected that the House Energy and Commerce Committee and the Senate Commerce, Science and Transportation Committee will have jurisdiction over the legislation.

Immigration Reform Over the coming weeks, the Senate Judiciary Committee will be debating and considering proposed amendments to the comprehensive immigration reform bill, S. 744, The Border Security, Economic Opportunity and Immigration Modernization Act, that was introduced in mid-April by the “Gang of Eight,” Senators Charles Schumer (D-NY), Dick Durbin (D-IL), Robert Menendez (D-NJ), Michael Bennet (D-CO), Marco Rubio (R-FL), John McCain (R-AZ), Lindsey Graham (R-SC) and Jeff Flake (R-AZ). Depending on how the Senate Judiciary Committee’s consideration of the legislation proceeds, the bill could be taken up for consideration on the Senate floor in June. In the House of Representatives, the small bipartisan group of House members, Representatives Luis Gutierrez (D- IL), Zoe Lofgren (D-CA), Xavier Becerra (D-CA), John Yarmuth (D-KY), Sam Johnson (R-TX), John Carter (R-TX), Mario Diaz-Balart (R-FL) and Raul Labrador (R-ID), that have been quietly working on immigration reform out of the public eye are reported to be close to unveiling the immigration reform proposals they have been working on the past few months. While no final decisions have yet been made, House Judiciary Committee Chairman Bob Goodlatte (R-VA) and the House GOP leadership are seriously considering the option of taking up consideration of immigration reform proposals in smaller, separate

bills rather than one large comprehensive bill as the Senate’s bill, S. 744. The National HBPA, National Thoroughbred Racing Association (NTRA) and the American Horse Council (AHC) are coordinating their efforts in order to ensure that Congress’ ongoing immigration reform effort adequately addresses the labor needs of horsemen and the horse racing industry.

Federal Internet Poker Legislation There have been no new public developments with regard to federal Internet poker legislation since the start of the new Congress. The proponents of the legislation and their supporters on Capitol Hill are continuing to develop their strategy for attempting to move a bill during the 113th Congress. The recent retirement of Senator Jon Kyl (R-AZ), who played a key leadership role on the legislation the past several years, has been a setback for the legislation’s proponents, and finding another key Republican Senator to take over the leadership role Senator Kyl served has proven to be challenging.

Federal Sports Betting Legislation A number of states have attempted to allow sports betting, including New Jersey. In 2011, voters in New Jersey approved an amendment to the state constitution to allow sports betting at casinos and racetracks. The New Jersey State Legislature then approved a law allowing sports betting, but the federal Professional and Amateur Sports Protection Act enacted by Congress in 1992 prohibits sports betting. (Pari-mutuel racing was exempted from the prohibition on sports betting when Congress passed the bill.) New Jersey filed suit in federal court arguing that the federal ban enacted by Congress in 1992 is unconstitutional. The U.S. Department of Justice asserted the federal ban is constitutional. In March, the federal judge in the case ruled in favor of the Justice Department, but New Jersey has appealed the district court’s decision to the federal court of appeals. In response to the federal district court’s unfavorable decision, two New Jersey members of the U.S. House of Representatives have introduced legislation to overturn the federal ban in order to allow New Jersey, and possibly other states, to offer sports betting. Representatives Frank Pallone (D-NJ) and Frank LoBiondo (R-NJ) have introduced different bills to address the federal ban. Rep. Pallone’s bill, the New Jersey Betting and Equal Treatment Act of 2013 (H.R. 626), would amend federal law to allow the state to offer sports betting. H.R. 626 would be limited to New Jersey. Rep. LoBiondo’s legislation, the Sports Gaming Opportunity Act of 2013 (H.R. 625), would create a four-year window during which New Jersey and other states could choose to legalize sports betting. There has been no action on either bill since their introduction.

DEADLy DOPING meets its match TRAINERS PRAISE NATURAL ALTERNATIVE By: Mark Hansen

The pressure to win is so enormous that many horsemen resort to whatever it takes to get a piece of the purse or a decent sale… even if it means putting their horses’ lives in mortal danger by doping them with illegal synthetic erythropoietin (EPO) drugs to boost endurance. Veterinarian Gary Smith said, “It’s a problem all over the industry. There is no way horses should be put on (synthetic) EPO.” So how do racers win? How do you gain a competitive edge without harming your horses or risking your livelihood? The answer may be found in a safe all-natural horse supplement that supports natural EPO function. Why is EPO boosting so critical? Just like in people, a horse’s muscles require oxygen for fuel. Red blood cells are the body’s oxygencarrying cells. A higher red blood cell count = more oxygen = more muscle energy. Elevated muscle energy helps the horse perform harder, faster and longer during endurance events. All horses naturally produce EPO in their kidneys to stimulate production of new red blood cells from bone marrow. In short, EPO is a natural “blood builder.” With EPO doping, trainers try to boost the EPO effect to get a winning performance every time. They use a synthetic EPO (recombinant human EPO), even though the side effects can harm the horse. That’s one reason why it’s illegal. Fortunately there’s another option. EPO-Equine is a safe, highly effective natural dietary supplement scientifically engineered for performance horses. A Kentucky trainer who refused to give out his name, said, “I don’t want my competition to know about this.” He found EPO-Equine to be so effective that he’s dead set against disclosing who he is, who his horses are, or even where he trains and races. He first started ordering a single jar of EPO-Equine once a month. Now he’s ordering several CASES each month. And he won’t tell BRL exactly why. He said respectfully, “Sorry – no way.” Bioengineers at U.S. based Biomedical Research Laboratories (BRL), first discovered a completely natural EPO-booster for human athletes (and it’s working miracles for top athletes and amateurs around the world). Seeing these results, horse trainers contacted BRL and asked about using this natural formula for their animals.

That’s when the BRL team dug deeper and discovered a proprietary, horse-friendly strain of a common herb that promotes optimal blood-building results. EPO-Equine is based on the bloodboosting abilities of a certain strain of Echinacea that’s astounding researchers and trainers alike. (It’s not a strain you can find at the local health store.) Veterinarians at the Equine Research Centre in Ontario, Canada ran a double-blind trial investigating the blood building properties of the active ingredient in EPO-Equine in healthy horses. For 42 days, one group of horses was supplemented with the active ingredient in EPOEquine and another group of horses was given a placebo. The supplement delivered significant blood building results, increasing red blood cell count and hemoglobin levels. Researchers also observed improved blood quality and increased oxygen transport in the supplemented horses. Improved blood levels leads to elevated exercise physiology and performance. The patent-pending formula in EPO-Equine contains a dozen different herbs, antioxidants and anti-inflammatory components combined to promote natural red blood cell production…for remarkable speed, strength and stamina right out of the gate. Trainers find it easy to add just 1 scoop (3.2 grams) of EPO-Equine to the horse’s daily feeding routine in the barn or on the road. Within a few weeks of daily use, you can expect to see increased red blood cell levels with no undesirable side effects. An increase in red blood cell levels can improve muscle performance, supercharge endurance, and enhance recovery after hard exercise. Nothing else is scientifically proven to deliver these benefits in a completely safe and natural formula. Compared to the cost of veterinarians, drugs, icing, tapping the knees, and putting the horse on Bute; or even the consequences of being banned for synthetic doping, EPO-Equine is very affordable at the low price of just $59.95 per jar. Or save $20 per jar if you have multiple horses or you’re ready to commit to a larger trial with a 12-jar case at just $39.95 per jar. EPO-Equine can be ordered 7 days a week at www.EPOEquine.com or 1-800-557-9055, and comes with a 100% money-back satisfaction guarantee.

technology

research+medication update

The Jockey Club Releases Update from Equine Injury Database

The Jockey Club has released an updated North American fatality rate for Thoroughbreds that includes four years’ worth of data collected in the Equine Injury Database, the North American database for racing injuries. Based on an analysis of 1,532,418 starts collected during the four-year period January 1, 2009, through December 31, 2012, the prevalence of race-related fatal injury was 1.92 per 1,000 starts. For individual years, the prevalence of fatal injury per 1,000 starts was 2.00 for 2009, 1.88 for 2010, 1.88 for 2011 and 1.92 for 2012. “The causes of racing injuries are often very complex and involve multiple factors interacting together over time,” said Dr. Tim Parkin, a veterinarian and epidemiologist from the University of Glasgow, who serves as a consultant on the Equine Injury Database and performed the analysis. “While the fatality rate has remained fairly static over the course of the past four years, the real significance today is that, with 1.5 million starts in the database, we have now established a baseline and we can begin to analyze the relationships between each of the individual factors. In the future, we will be able to design interventions based on these data and recommend actions that will reduce injuries and fatalities.” Only injuries that result in fatality within 72 hours or less from the date of race are included in the national figures. It should also be noted that statistics from previous years are sometimes updated due to the addition of tracks or corrections in the EID fatality data originally submitted by participating racetracks. Parkin’s analysis also found that: • There continues to be a reduction in the risk of fatality on synthetic surfaces. • The risk of fatality on synthetic surfaces was significantly lower than the risk of fatality on turf surfaces, which was

significantly lower than the risk of fatality on dirt surfaces. • Female horses were at no greater risk of fatality when racing against males than they are when racing against other females. • 2-year-olds were at significantly reduced risk of fatality compared to older horses when racing on dirt. • Moving a race off the turf onto dirt or synthetic surfaces does not increase the risk of fatality. The Equine Injury Database contains a suite of reports for racetracks to analyze data collected at their respective facilities. The Jockey Club also maintains a website that enables racetracks to make public their data in a standard summary fashion at jockeyclub.com/initiatives.asp?section=2. Summaries of fatality statistics for a participating track include the year, number of race days, number of starts, age of the horse, distance of the race and the surface on which the incident occurred. A list of racetracks that have signed up to participate in the Equine Injury Database, including those that are now reporting their statistics publicly, can be found at jockeyclub.com/initiatives.asp. The Jockey Club, through two of its for-profit subsidiary companies, InCompass and The Jockey Club Technology Services Inc., has underwritten the cost to develop and operate the Equine Injury Database as a service to the industry. By agreement with the participating racetracks, from time to time The Jockey Club may publish certain summary statistics from the Equine Injury Database but will not provide statistics that identify specific participants, including racetracks, horses or persons.

Twelve New Projects Launched by Grayson-Jockey Club Research Foundation The board of directors of Grayson-Jockey Club Research Foundation has approved funding of 12 new projects plus an unprecedented three Storm Cat Development Awards. to an individual considering a career in equine research. It has been The 12 new regular projects are in underwritten annually by Mrs. Lucy Young Hamilton, a Graysonaddition to five projects that are now in Jockey Club Research Foundation board member whose family stood their second year. The 17 research projects the champion stallion Storm Cat at Overbrook Farm. are being underwritten by the foundation in The three Storm Cat winners for 2013 are Brandy Burgess of 2013 for a total of $874,024. Colorado State University, Daniel Warren Youngstrom of the Marion This slate of research projects duPont Scott Equine Medical Center at Virginia Tech and Erin brings the foundation total since 1983 to McConachie of the University of Georgia. $19,953,183, which has funded 299 studies at 40 universities. “The committee who selects the Storm Cat recipients described The work being launched in 2013 addresses problems involving how difficult it was this year to select one over two other exceptional the detection of lameness in the galloping horse, laminitis, candidates,” said Grayson-Jockey Club Research Foundation herpesvirus and the development of a rapid test for Salmonella, President Edward L. Bowen. “Since Storm Cat is now 30 years among other projects. Designated as recipient of the seventh annual Elastikon Equine old (and has since passed away on April 25), our chairman, Dell Hancock, suggested that we fund all three—one for each decade Research Award is the project entitled Acoustoelastography to of the stallion’s life—on this one occasion. Therefore, Lucy Young Monitor Injured Tendons, to be conducted by Dr. Sabrina Brounts at Hamilton will fund one of them and our foundation will fund the the University of Wisconsin-Madison. The Elastikon Award is funded other two, and we will be helping three young researchers this year.” in part by a grant to the foundation from the Consumer Products For more information, including details of the projects being Division of Johnson & Johnson, manufacturer of Elastikon tape and funded, go to www.grayson-jockeyclub.com. other equine products. The Storm Cat Career Development Award, inaugurated in 2006, is a $15,000 grant designed as an early boost 16

HJ Summer

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National

H B PA

Medication Committee Corner

Clenbuterol Chaos By Kent H. Stirling Clenbuterol is an excellent respiratory medication and one that is very widely used and highly valued in the racehorse. Unfortunately, when anabolic steroids were banned a few years ago, one of Clenbuterol’s other properties came to the fore. This would be the so-called “partitioning” action of Clenbuterol, or its ability to increase muscle and reduce fat in the body. This anabolic steroid-like property that Clenbuterol has becomes evident when used on a regular basis at relatively high doses rather than just a short seven- or eight-day regimen to clean up a horse’s airways. So now we know that banning anabolic steroids has had the unanticipated outcome of making a really useful therapeutic medication now a medication that can be looked at with a suspicious eye. So what is a trainer to do? I would think the answer would be to do what is best for the horse. If this is the case, then what is the withdrawal time for the administration of Clenbuterol to avoid a “positive”? To get the answer to this question, I checked the Racing Medication and Testing Consortium (RMTC) website at www.rmtcnet.com for suggested withdrawal times. Here is what I found: If you are racing in Louisiana or Oklahoma, the withdrawal time is 24 hours or one day. If you are racing in Canada, Kentucky, Minnesota or Pennsylvania, then the withdrawal time is 72 hours or three days. For those racing in Iowa, New Jersey or Ohio, the withdrawal time is 96 hours or four days. For those racing in Florida, Indiana and Virginia, the withdrawal time is five days, but Florida states that it is “five days (Commission has a zero-tolerance policy).” So which is it: five days or zero-tolerance? It can’t be both, because zero-tolerance is impossible to achieve and certainly no withdrawal time could be assigned to it. The laboratory’s limit of detection would go well beyond five days, which would lead to the regulators playing “gotcha” with the horsemen trying to follow one of the potentially two (?) withdrawal times. When I originally began this article on May 1, I printed out the withdrawal times from the RMTC website. I am submitting this article on May 8, and the Florida withdrawal time has now been changed from what it was on May 1 to “none.” I have an unanswered (at this writing) email to the Florida Division of Pari-Mutuel Wagering in which I asked the question about their withdrawal time that is in the preceding paragraph. Enough said. Continuing on, we then have four states with a seven-day withdrawal time

HJ Summer

for Clenbuterol: Delaware, Michigan, Illinois and West Virginia. Illinois uses the same strategy as Florida by stating the withdrawal time is “seven days (Commission has a zero-tolerance policy).” Much the same is stated for the withdrawal time for West Virginia: “Commission has a zero-tolerance policy; Dalare Labs has a seven-day withdrawal time.” Those last two states have given horsemen advice that is as clear as mud. Fourteen days is apparently the correct withdrawal time for Maryland, New York and Texas. The withdrawal time for Clenbuterol in Arizona and California is 21 days. Could there possibly be any more states with different rules from the above? Sure. Colorado and Oregon have a 30-day withdrawal time, and Colorado has that language about the Commission having a zero-tolerance policy. And North Dakota, South Dakota and Wyoming (they all still have horse racing?) have zerotolerance policies. And lastly, New Mexico’s rule states, “Banned through 4-2013.” Don’t know what happens now, but I would assume it’s still banned. Now to make this more interesting, a lot of these states test for Clenbuterol in urine. In urine testing, Clenbuterol has been shown to begin a spike that starts on about the eighth day, peaks on the 10th day and recedes on the 11th day. This means that lab tests from horsemen that had withdrawn their horses at five days would have much lower results or levels than those who had withdrawn their horses at eight to 11 days. This is why many states test in serum. And now it seems some laboratory directors, one from the East Coast and one from the West Coast, have been unilaterally attempting to extend the withdrawal times for Clenbuterol. On the West Coast, the lab director wanted the 25 pg/ml threshold changed to his limit of detection. On the East Coast, the lab director arbitrarily, and without notification to horsemen, changed the sensitivity of the detection methodology for Clenbuterol, thus supposedly leading to upward of 100 positives. The RMTC Model Rule is for a 14-day withdrawal time with a threshold of 140 pg/ml in urine or the limit of detection in serum. This actually makes some sense because of the unfortunate abuse of Clenbuterol by some. I would suggest that you check the RMTC’s withdrawal times from time to time, even if they are not guaranteed to be accurate in all cases. Obviously, as you read above, some states change them arbitrarily without notice to horsemen.

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HJ Summer

California

British Columbia, Canada

Alberta, Canada

Apr. 25 – Jul. 14, Nov. 7 – Dec. 22

Jul. 11-21

Jul. 17 – Sep. 4

Sep. 5-23

Oct. 3-14

Jan. 1 – Jun. 16, Aug. 16 – Sep. 15, Oct. 16 – Dec. 15

Aug. 14-25

Jan. 1 – Dec. 22

Sep. 20-29

Sep. 27 – Nov. 3

Jul. 24 – Aug. 11

Betfair Hollywood Park

Cal Expo/ California State Fair

Del Mar

Fairplex Park

Fresno Co. Fair @ Fresno

Golden Gate Fields

Humboldt Co. Fair @ Ferndale

Los Alamitos Race Course

San Joaquin Co. Fair @ Stockton

Santa Anita Park

Sonoma Co. Fair @ Santa Rosa

Jun. 29-30

Sunflower Downs

Jun. 20 – Jul. 7

Jul. 14-28

Kin Park

Alameda Co. Fair @ Pleasanton

Apr. 13 – Oct. 14

Hastings Racecourse

May 3 – Oct. 14

Northlands Park

Jun. 15 – Aug. 31

Jul. 1

Millarville

Desert Park

May 4 – Jun. 30, Aug. 31 – Oct. 13

Aug. 2 – Sep. 2 Sep. 10

Canterbury Park Great Falls Columbus Fairplay Park

Minnesota Montana Nebraska

New York

Apr. 19 – Jun. 23 Sep. 7 – Dec. 3

SunRay Park Zia Park

Nov. 1 – Dec. 31

May 24 – Sep. 2

Ruidoso Downs

Aqueduct

Aug. 2 – Nov. 4

The Downs at Albuquerque

May 11 – Oct. 6

Monmouth Park New Mexico

Oct. 11 – Nov. 2

Meadowlands

New Jersey

Aug. 24 – Sep. 2

Elko County Fair

Nevada

Jul. 20-28

May 17 – Sep. 14

May 4 – Sep. 29

Mount Pleasant Meadows

Michigan

Jun. 1 – Nov. 2

Suffolk Downs

Apr. 4 – Jun. 8

Sep. 19 – Dec. 31

Massachusetts

Pimlico Race Course

Laurel Park

Maryland

May 3 – Sep. 22

Harrah’s Louisiana Downs May 5 – Sep. 22

Aug. 16 – Sep. 7, Nov. 22 – Dec. 31

Fair Grounds Race Course

Assiniboia Downs

Apr. 17 – Sep. 7, Oct. 2 – Dec. 19

Apr. 26 – Jul. 13, Oct. 11 – Dec. 31

Evangeline Downs

Delta Downs

Manitoba, Canada

Louisiana

Schedule is based on available information at the time each issue goes to press. All racing jurisdictions have differing schedules and policies regarding the granting of future race dates that impact availability.

Lethbridge

dates>>

20 racing 13 Hollywood Casino @ Charles Town Races

West Virginia

Mountaineer Race Track

Emerald Downs

Washington

Mar. 1 – Dec. 20

Jan. 2 – Dec. 31

Apr. 19 – Sep. 29

Jun. 8 – Jul. 13

Jun. 7 – Aug. 10, Oct. 4 – Dec. 28

Retama Park Colonial Downs

Apr. 11 – Jul. 6, Sep. 13 – Nov. 9

Jul. 6 – Aug. 25

Lone Star Park

Gillespie County Fairgrounds

Virginia

Texas

hj dates

www.nationalhbpa.com

Jun. 25 – Dec. 31

Jul. 1 – Dec. 31

Gulfstream Park

Tampa Bay Downs

Jul. 12-28

Sandy Downs

Apr. 27 – Jun. 30, Sep. 6-29, Nov. 1-30

Jul. 4 – Sep. 2

Oct. 4-26

Sep. 7-25

Dec. 1-31

Churchill Downs

Ellis Park

Keeneland

Kentucky Downs

Turfway Park

Kentucky

Apr. 19 – Aug. 10, Aug. 17 – Oct. 12

Prairie Meadows

Iowa

Apr. 23 – Oct. 19

Indiana Downs

Oct. 4 – Dec. 31

Jun. 29 – Jul. 7

Rupert Downs

Hawthorne Racecourse

Aug. 3-11

Oneida County Fair

Mar. 26 – Sep. 20

May 1 – Aug. 10

Les Bois Park

Fairmount Park

Jun. 8-23

Jerome County Fair

May 3 – Sep. 29

Sep. 1-7

Eastern Idaho Co. Fair

Arlington Park

Aug. 16-17

Cassia County Fair

Indiana

Illinois

Idaho

Apr. 6 – Aug. 30, Aug. 31 – Dec. 1

Calder Race Course

Florida

May 18 – Oct. 7

Delaware Park

Delaware

May 25 – Aug. 18

Arapahoe Park

Colorado

Saskatchewan, Canada

Pennsylvania

Oregon

Ontario, Canada

Oklahoma

May 12 – Sep. 26

Presque Isle Downs

Jun. 14 – Sep. 14

Jan. 3 – Dec. 28

Penn National

Marquis Downs

Jan. 1 – Dec. 31

Jun. 7-9

Union Parx Racing

Aug. 7-10

Jul. 10-13

Sep. 6-8

Jun. 15 – Jul. 7

Apr. 20 – Dec. 15

May 26 – Sep. 24

May 20 – Oct. 15

Aug. 24 – Nov. 9

Aug. 16 – Dec. 15

Jun. 8 – Aug. 2

Apr. 19 – Nov. 17

Jan. 7 – May 4, May 9 – Sep. 23, Nov. 2 – Dec. 17

Tillamook

Prineville

Harney County Fair

Grants Pass

Woodbine Racetrack

Fort Erie Race Track

Ajax Downs

Will Rogers Downs

Remington Park

Fair Meadows

Thistledown

Beulah

Ohio

Jul. 19-21

Jul. 19 – Sep. 2

Saratoga Race Course North Dakota Horse Park

Apr. 20 – Dec. 10

Finger Lakes

North Dakota

Apr. 26 – Jul. 14, Sep. 7 – Oct. 27

Belmont Park

Denis Blake

feature

Talking in Tampa –

The National HBPA’s Winter Convention

Story and photos by Denis Blake

The National Horsemen’s Benevolent and Protective Association’s Winter Convention brought affiliates from around North America to Clearwater Beach, Florida, on February 20-24 to discuss a variety of issues facing owners and trainers. Hosted by the Tampa Bay Downs HBPA at the Sheraton Sand Key Resort, the convention once again featured medication as an important topic but also covered national healthcare, immigration, continuing education for trainers and more. 22

HJ Summer

The Latest on Lasix

The medication forum featured a distinguished panel of speakers comprised of Dr. Larry Bramlage, Dr. Thomas Brokken, Dr. Thomas Tobin and Dr. Pamela Wilkins, all of whom covered various aspects of Lasix/Salix use as relating to racehorses. Among the topics explored were “Salix and Dr. Larry Bramlage Skeletal Integrity in the Racing Thoroughbred,” “Past, Present and Future of the Use of Salix in the Thoroughbred Racehorse,” “Salix and the Racing Horse: An Overview” and “Salix and the Racing Horse: Effects on Dehydration, Electrolyte Balance and Unique Aspects of Calcium Metabolism in the Horse.” Among the conclusions reached by the speakers are that the medication is the most effective treatment for exercise-induced pulmonary hemorrhaging (EIPH) and that it does not lead to breakdowns, calcium insufficiency or other problems that are sometimes attributed to its use. Dr. Tobin stated, “There is no reason whatsoever to suspect any longterm cumulative adverse effects associated with pre-race administration of furosemide (Salix).” Following the presentations and discussion, moderated by Florida HBPA Executive Director Kent Stirling, who also chairs the NHBPA’s Medication Committee, a motion was passed to support the continued use of Salix at the Breeders’ Cup World Championships. In early March, the Breeders’ Cup backtracked on plans to expand the ban of Salix to other races and instead will maintain the same system that was in place for 2012, which only bans the medication in juvenile races. In addition to speaking at the medication forum, Dr. Bramlage, who serves as the American Association of Equine Practitioners (AAEP) On-Call Veterinarian for NBC Sports’ racing coverage, made a presentation entitled “Effects of Training and Racing on the Musculoskeletal System,” which looked at the various causes of lameness and other physical problems and how over-training and stallion selection play a role.

Immigration Changes Are Coming

Attorney William Velie, CEO of NHBPA Corporate Sponsor Horseman Labor Solutions; Julio Rubio, the NHBPA’s Latino Liaison; and Brian Fitzgerald of American Continental Group, the NHBPA’s lobbyist group, addressed the convention in the immigration and lobbying forum. Velie updated the membership on how the potential for comprehensive immigration reform might affect the industry and also how the E-Verify program will change how horsemen handle I-9 forms.

“(Legislators) realized that we are a country of immigrants and that it’s not helpful for the economy to have these economic barriers, so I think something’s going to happen soon,” Velie said. “The immigration reforms we see coming down are going to have some type of regularization for the 10-million-plus people who live in the shadows in this country and help them become legal. But with the amnesty is something called E-Verify, which is going to be mandatory and very difficult for our industry.” Velie explained that in order to be compliant, right now a trainer has to keep an I-9 form on file for employees (which requires an inspection of forms of identification, such as a social security card and driver’s license). Currently, the trainer only has to have an I-9 on file and have no knowledge of any fake documents; they can be accepted at face value unless they are obvious forgeries.

Will Velie “But with E-Verify, those days are gone,” Velie added, noting that the E-Verify system will provide stronger verification of those documents. “The amnesty is going to take care of the grooms, who are the foundation of our backsides. But in a couple years, those people will have green cards and could move on and start their own businesses.” The H-2B visa has been the primary option for the industry, but it has its share of problems with extensive regulations and difficulty in being approved because applications are not always interpreted the same depending on where they are filed. Instead, Velie said a P-1 athlete visa, which lasts five years and provides flexible travel terms, might be a better option. Velie stressed that he anticipated the window of opportunity to take advantage of immigration reform will be brief, and it’s important for horsemen to have accurate information. He encouraged all horsemen, from trainers to grooms, to be ready to act when legislation is passed and to contact Horseman Labor Solutions or a reputable immigration attorney for assistance. “Let your members know that we are available to speak,” added Rubio. “When somebody gets a green card, they might move on, but we have plenty of guys in Mexico and Central America that have been here before on visas who are just waiting if we can get visas approved to fill in those spots.” For a current immigration update from Velie, turn to page 35 of this issue. Fitzgerald indicated that the federal government had a growing interest in regulating the industry, particularly when it comes to race-day medication. “There is enough noise in the background suggesting our opponents are up to something,” Fitzgerald told horsemen. Indeed, that prediction held true as Congress prepared to propose the Horseracing Integrity and Safety Act in late April. The act would give the United States Anti-Doping Agency (USADA) the authority to develop rules regarding medication and create a system of testing and penalties at the national level, instead of at the state level as is currently done. See page 14 of this issue for Fitzgerald’s NHBPA Legislative Update. www.nationalhbpa.com

feature

More Than Medication and Immigration

Thank You Sponsors

In the “You Make the Call” forum, former jockey and current steward Eddie Arroyo and Cathy O’Meara, coordinator of the Racing Officials Accreditation Program (ROAP), gave insight into the training and education that goes into becoming a steward or racing official. Arroyo explained how rules might be different in two jurisdictions for the exact same situation and went over the thought process of a steward by showing actual disqualifications and the reasoning behind them. Peter Ecabert, counsel for the NHBPA, and Richard Riedel, executive director of the Kentucky Racing Health and Welfare Fund, tackled the “Horsemen’s Perspective on National Health Care Reform” by looking at how changes in healthcare will affect horsemen, especially trainers with employees, and how it could impact benevolence programs for state affiliates. In the trainer continuing education (CE) forum, attendees were given an overview of how continuing education requirements for trainers in some jurisdictions are being implemented with Michael Lauer, a trainer and board member of the Indiana HBPA, and MaryAnn O’Connell, executive director of the Washington HBPA, discussing CE in their states. Dr. Reid McLellan, executive director of The Elite Program, and O’Meara from ROAP also lent their expertise on trainer education. A recommendation from the forum asked for input from trainers and owners on the topic, so a survey was created for HBPA members. Interested horsemen can take the survey online at www.hbpa.org or by turning to page 25 of this issue. In a presentation from America’s Best Racing, Ken Adelson, executive producer of television and digital content for The Jockey Club, highlighted how the multimedia fan development initiative is trying to bring in new fans and engage existing fans. Among the methods used by America’s Best Racing are some of the more obvious platforms, like social media, traditional media, television and their website at www.followhorseracing.com, as well as some more creative plans, like the ABRV, a large bus decorated with racing action and six “brand ambassadors” to introduce the sport at both racing and non-racing events.

Dear Horsemen and Horsewomen of the National HBPA, At our Executive Committee meeting this spring, affiliate representatives large and small had an opportunity to meet face-to-face to get caught up on issues as well as to take care of housekeeping matters within the organization. As per our committee system, those who gave reports did so after many conference calls. Items are brought to the full board at bi-annual conventions, but in the interim, a core group of executive directors and members give tirelessly of their time discussing proposed rules, medication reform, immigration and legal issues. As I approach the completion of my first year as president, I continue to be impressed with our team. Our mighty staff of three is professional, consistent and knowledgeable. I don't thank them enough. Our go-to core leaders who travel to outside meetings are all experienced horsemen. When they comment on a proposal or rule, they speak from experience of what is practical and reasonable. Although these individuals come from different affiliates in different racing jurisdictions, they are always planning for what they believe is best for the long-term life and health of the whole racing industry. It is imperative that changes in rules emanate from a basis of sound, proven science, as well as for the welfare of the horse. My fear is that in the industry's frustration over poor fan perception and shrinking numbers, emotion will drive a knee-jerk reaction. Of course we need reform, but owners and trainers must not reach a tipping point at which it becomes too difficult to have a continuous participation. Rising costs, failure of the immigration visa system and other factors have made racing a rough ride for many since the downturn of 2008. The foal crop shrank dramatically. The number of licensed owners 24

HJ Summer

The National HBPA would like to thank the following sponsors that supported that 2013 Winter Convention:

National Sponsors Big Dee’s Tack & Vet Supplies equineline.com Finish Line Horse Products Inc. Horseman Labor Solutions

Convention Sponsors

Arkansas HBPA Charles Town HBPA Daily Racing Form Elite Turf Club Finger Lakes HBPA Flair Equine Nasal Strips Florida HBPA Florida Thoroughbred Breeders’ and Owners’ Association Indiana HBPA Iowa HBPA Lavin Equine Insurance Services Michigan HBPA Pennsylvania HBPA Tampa Bay Downs HBPA Thoroughbred Racing Association of Oklahoma The NHBPA’s Summer Convention, hosted by the Minnesota HBPA, is set for July 11-14 at Mystic Lake Casino, located not far from Canterbury Park. For more information and registration information, go to www.hbpa.org.

and trainers in Arkansas fell from 2,300 in 2008 to 1,700 for the Oaklawn Park racing season of 2013. While sales numbers are back up and the downward spiral of handle has stabilized, horse racing is in a fragile state. We are moving forward toward medication reform. The job of training will be easier when rules are uniform across state lines. However, horsemen and the medical community need to come to terms with the difference between what therapeutic medication enables a horse to compete safely and humanely versus that which is administered because the horse in the next stall has received it. Animals and people alike are probably over-medicated. Watch the ads lately on primetime television? Having said that, there are necessary medications, such as ulcer medicine, that should not be withheld for the sake of public perception. One of the benefits of my involvement in the NHBPA has been the access to top veterinarians and researchers. The Medication Committee has assembled outstanding panels to discuss both the pros and cons of Bute and Lasix/Salix. I can say I listened to all speakers with an open mind. As a breeder, owner and sometimes trainer, I wanted to be convinced of a position. I understand what a controversial issue Lasix has become, but Dr. Larry Bramlage, Dr. Pam Wilkins, Dr. Tom Brokken and Dr. Tom Tobin successfully debunked all the myths about dehydration, calcium leaching, masking other drugs, etc., for me. None of the above is true. But until a better solution is found, the elimination of Lasix will further shrink the numbers of owners and horses at a time when organizations should be concentrating on how to keep and aid the ones they have. Robin Richards, President, National HBPA

Trainer Continuing Education (CE) was discussed at the National HBPA’s 2013 Winter Convention in Florida with a resulting recommendation to survey Thoroughbred trainers (and owners) for their insight, comments, suggestions and opinions on the subject. There is currently an existing Association of Racing Commissioners International (RCI) Model Rule requiring four (4) hours of CE that has been adopted by Indiana and Colorado, and in the coming months, California is expected to be voting on a CE requirement as well. Voluntary CE programs also have been embraced in Washington. The Welfare and Safety of the Racehorse Summit (WSS) Education and Licensing Committee is asking the NHBPA and other horsemen’s groups who are or will be impacted by this CE requirement for feedback from trainers and owners regarding CE topics, cost, amount of CE and instructional media options. For trainers, CE can provide a way to enhance skills, improve care of horses, learn emerging industry trends and understand and appreciate laws and regulations that impact your business. An increase in these skills may help to increase a trainer’s win percentage and ultimately improve a trainer’s profitability. The following survey consists of 11 questions and should take you about two to four minutes to complete. Please take this opportunity to provide your input on the subject of Continuing Education. The NHBPA encourages you to complete this survey online by going to www.hbpa.org and clicking the survey button. You can also tear out this page, complete the survey and mail it to: National HBPA, 870 Corporate Dr., Suite 300, Lexington, KY 40503. This survey will close on July 15.

Trainer Continuing Education Survey Please check your answers below.

Please select which type of license you currently hold or have held? Trainer

Owner

Never held Trainer or Owner license

For how many years have you been a licensed trainer? Less than 1 year

1-5 years

5-10 years

10+ years

How many different states do you race in? Only 1 state

1-3 states

4-6 states

More than 6 states

Do you race in any of the following states? (check all that apply) California

Colorado

Washington

Indiana



Which of the following subjects would you like to see Continuing Education cover? (check all that apply) Lameness

Treatment of Wounds

Reading the Condition Book

Immigration Issues

Colic

Nutrition and Feeding

Workers' Comp

How to Grow Your Business

Bleeding/EIPH

Shoeing and Hoof Care

Billing and Accounting

Track Surfaces

Tying-up

Dental

Tack and Equipment

Other (please specify): __________

How many hours of Continuing Education should be required each year? 0

1 hour

2-4 hours

More than 4 hours

How much would you be willing to pay for Continuing Education programs? Free

No more than $5 per hour

No more than $10 per hour

Depends on the course and the teacher

How would you prefer to receive Continuing Education? Via computer/online

Via live instruction in a classroom setting

Via CD/DVD

Other (please specify):___________________________

Do you own a computer or other device such as an iPad or smartphone to access Continuing Education on the web? Yes, I own a computer, iPad or smartphone No, I do not own a computer, iPad or smartphone, but I have easy access to one No, I do not own a computer, iPad or smartphone, and I do not have access to one

Should there be a per-start minimum for the requirement of Continuing Education in a particular state? (For example, you must start six horses before you are required to take CE.) Yes

No Please explain your answer:___________________________________________________________________

For owners only, would you be willing to pay a higher day-rate if your trainer was taking Continuing Education courses? Yes

No www.nationalhbpa.com

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Out-of-Competition

Testing: Coming to a Barn or Training Facility Near You By Peter J. Sacopulos, JD

Denis Blake

It used to be that a horse had to enter the starting gate and compete in a race at a licensed track to be drug tested, but now many states allow for out-of-competition testing for any horse in training on or off the track’s grounds.

t has long been the rule that a winning Thoroughbred or American Quarter Horse is immediately sent to the track’s test barn following a win. Additionally, non-winners are randomly sent to the test barn and required to provide a urine and/or blood sample to confirm the animal did not have any prohibited drugs in its system. But now many states, including Indiana, New Mexico, New Jersey, New York, Kentucky and California, have new rules that allow racehorses to be tested while “out of competition.” Additionally, Alabama, which does not currently have live Thoroughbred or Quarter Horse racing but could in the future, has out-of-competition testing regulations. Out-of-competition testing is also used in Canada. Out-of-competition testing aims to detect prohibited substances, primarily blood-doping agents, that are not detectible in post-race tests and that are specifically identified and prohibited by regulation and/or rules. Many of the substances targeted by out-of-competition testing are detectible for only a short period of time after being administered to the horse. In short, a horse administered a blood-doping agent prior to race day may test negative in a

regular post-race test but may have received the potentially positive race performance effect of the prohibited substance. Many state racing commissions have adopted the Association of Racing Commissioners International (RCI) list of prohibited substances that includes blood-doping agents. As such, the prohibited substances are well-defined. However, the definition of out-of-competition remains less clear. In fact, this can www.nationalhbpa.com

Denis Blake

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Some state racing commission regulations allow for out-of-competition testing even if the horse in question is located in another state on private property. be seen in reviewing the definitions of out-of-competition testing. While there are similarities between and among the state regulations of those with outof-competition testing, an analysis of each state’s rules reveals that there are also differences that create potentially serious problems for owners and trainers operating and racing in these different jurisdictions. Following is a look at the regulations in the seven states mentioned above. The Alabama Racing Commission has issued a model rule regarding the classification of prohibited substances (blood- and gene-doping agents) in horse racing, along with penalty recommendations based largely upon the RCI Recommended Penalties and Model Rules. Indeed, Alabama’s model rule and drug classification system and recommended penalties are adopted directly from the RCI model. The rule lists hundreds of potential agents and defines allowable uses of anabolic steroids following the RCI’s model rule. The Alabama rule allows testing of any horse off racetrack grounds so long as the animal is “under the care or control of a trainer or owner licensed by the Commission.” Split-sample confirmation is available under Alabama’s rule. Indiana’s regulations regarding out-of-competition testing reach any horse on the grounds of a racetrack as well as any horse “stabled off association grounds while under the care or control of a trainer or owner licensed by the Commission.” This rule allows the Commission or a judge to order a trainer or owner to transport a horse to the racetrack for testing with mileage to be reimbursed by the Commission but with no other reimbursement of expenses. Indiana’s rule allows tests for both blood- and gene-doping agents, substances that produce a repartitioning effect, venoms and steroids. Split-sampling is available for tested animals. The New Mexico rule, like the Indiana rule, extends testing for blood- and gene-doping agents to horses “under the care or control of a trainer or owner licensed by the Commission,” as well as “any horse whose papers are filed in the racing office or that has been nominated to a stakes race.” New Mexico’s rule states, “Horses to be tested may be selected at random, with probable cause or as determined by the Commission or an agent of the Commission.” Animals selected to be tested must report to the test barn within 24 hours, and failure to timely appear will result in a suspension for the trainer of up to 120 days. Collection of verifying split samples is mandatory. New Jersey has parallel out-of-competition testing regulations for harness racing and for Thoroughbred racing. New Jersey’s rules allow off-track testing for blood-doping agents, expressly prohibiting the presence of blood-doping agents and related antibodies in “any racehorse under the trainership of any licensed New Jersey trainer…at any location and at anytime, including days 28

HJ Summer

where a racehorse is neither entered to or scheduled to participate in a race.” The Commission may test at an off-track stabling facility, or it may compel production of a horse at the trainer’s expense within 48 hours, a timeframe that may be extended for good cause. Significantly under New Jersey’s rule, no splitsample testing is allowed. Nationally, New York’s out-of-competition testing rule has received the most attention and review. This is because its initial out-of-competition rule was declared unenforceable by permanent injunction in the case of Ford v. The New York State Racing and Wagering Board. New York then enacted a second out-of-competition rule, on an emergency basis, that became effective in December 2012. New York’s new rule allows the Board to sample horses under the care or control of New York-licensed trainers “at a reasonable time.” The rule does not detail where testing may take place. Horses may be tested at random or for cause. A selected horse that is not made available for sampling is ineligible to race for 180 days, absent mitigating circumstances. There is an opt-out provision regarding testing upon a trainer’s representation that the horse is not involved in racing. Kentucky’s out-of-competition testing rule prohibits the presence in horse tissue or possession of blood-doping agents and any other substance that enhances the oxygenation of equine body tissue as well as nontherapeutic administration of whole blood or packed red blood cells, venoms or analogues or growth hormones. Significantly, the sample(s) may be taken in Kentucky or any other jurisdiction. If a horse is not produced for testing within the timeframe specified, then the animal is ineligible to race for 180 days. Split-sampling is available, subject to the trainer or owner bearing the costs of such confirmation testing and following regulatory chain-of-custody protocols. California’s out-of-competition regulation, by comparison, is brief and non-detailed. It states that the “Board may require any horse entered to race to submit to any blood or other pre-race test, and no horse is eligible to start in a race until the owner or trainer complies with any required testing procedure.” Split-sample testing shall apply to an out-of-competition sample in the same manner as to a scheduled race. Under California’s rule, the Board may take action if any prohibited drug, including blood-doping agents, substance or medication is found in an out-of-competition test sample. Significantly, California’s out-of-competition testing rule provides a means of penalizing a trainer for prohibited practices when the horse is not entered to race. Just as the definition and methods of implementing out-of-competition testing varies from state to state, so do the penalties for positive tests, and those penalties may be different than those for positive tests for banned

substances in samples taken post-race. Interested horsemen can check the websites of the respective regulatory commissions for specific information on penalties, hearings and appeals.

A legal challenge in New York There has been little judicial review of horse racing’s out-of-competition testing statutes and rules nationally. The leading decision regarding the constitutionality of such rules was issued by a New York court in 2010. In Ford v. The New York State Racing and Wagering Board, a group of stakeholders in the harness racing industry sued to challenge the validity of New York’s out-of-competition regulations on constitutional grounds. The New York State Racing and Wagering Board defended the rules as necessary and rationally related to the need to assure fairness and safety in harness racing given that certain performance-enhancing drugs and agents can be administered long before competition and that these same substances are no longer discoverable on race day. The harness racing industry stakeholders countered with multiple arguments. First, they argued that New York’s out-of-competition testing rules represented an ultra vires act, meaning the rule and its requirements were beyond or in excess of the Board’s authority because the Board lacked an express grant of authority to test at off-track locations. The second argument advanced by the stakeholders was that the New York out-of-competition testing rule should be found invalid because the Board had no scientific evidence to justify testing 180 days prior to a race. The third argument advanced was that newer and more expensive testing methods were available for detecting performance-enhancing substances on race day. The fourth argument, also based on an ultra vires theory, was that the out-of-competition testing rule must fail because the Board lacked authority to mandate trainers to transport horses up to 100 miles for testing. The stakeholders also argued that lack of a provision allowing an owner or trainer to order, at their expense, split-samples of alleged positive results was a major departure from other jurisdictions’ equivalent rules. The court in Ford agreed with the stakeholders, deeming the out-ofcompetition regulations an ultra vires exercise of authority because the legislative history available regarding the rules indicated solely an intent to regulate horses at track events. The Court also addressed the constitutional questions as dictum so as to supply guidance for New York lawmakers when later revising the rules. The New York rule was deemed improper aside from the lack of delegation of express authority to test off-track, because the parameters employed, including testing up to 180 days before a race and forcing trainers to produce horses for testing up to 100 miles away, were not supported by any factual or scientific evidence as to why these values were employed in the rules. While the Board argued that some performance-enhancing substances administered long before a race could nonetheless impact race outcomes but be undiscoverable by race-day testing (i.e., the major premise behind outof-competition testing), the Board failed to produce any scientific literature or expert opinion proving that out-of-competition testing was necessary and reasonable in light of the alternatives.

The Ford court also took issue with the draconian penalties imposed for violations of the out-of-competition testing rules, penalties the court characterized as “career-ending.” Finally, the Ford court held that the out-of-competition testing proposed by the disputed rule was too vague and overbroad, constituting an unnecessary intrusion into privacy and onto private property. The decision, issued August 10, 2011, annulled the New York out-of-competition testing rules and imposed a permanent restraining order of their enforcement. While the Ford decision, at first blush, seems a damning indictment of the constitutionality and enforceability of out-of-competition testing laws generally, there is good reason to doubt the future impact of this opinion in New York and nationally. The constitutional concerns detailed in the New York Ford opinion may ultimately prove to be of limited value for several reasons. First, the decision was not published and is therefore not binding authority even under New York law. Second, while similar privacy concerns were initially raised regarding out-of-competition testing in human athletes, those concerns have diminished as out-of-competition testing has become a more commonplace and valued methodology for assuring fairness in athletic competition. For example, unannounced out-of-competition testing is regarded as an indispensable part of any effective doping control program. This includes the responsibility of the athlete to continuously provide his or her whereabouts so that he or she can be contacted for unannounced testing at any time. Additionally, the outcome of the Court’s decision in Ford may have been different had the Board produced solid science to support its contention that testing long before races was necessary to discover various performanceenhancing substances that may have a positive impact on horse performance, agents that would be undetectable by a future race day, and the statutory authority granting jurisdiction to the Board expressly reached licensed horses in private stables. Thus, state boards and commissions drafting, amending or defending out-of-competition testing rules may well succeed provided they can show solid science as to why long-range, both in time and geographic scope, out-of-competition testing is necessary. Out-of-competition testing is likely to remain a leading and contested topic in horse racing. In addition to the states listed above, several other jurisdictions are proposing out-of-competition regulations. Many believe that blood-doping is one of the greatest present threats to racing. Advocates for out-of-competition testing will press for other and more stringent regulations. Opponents will challenge, on scientific and constitutional grounds, where and when a racing commission, via state regulation, has authority to conduct tests on private property. While both sides clash and challenge one another in administrative hearings and in state and federal court actions, horse owners, trainers and breeders must be aware, knowledgeable and alert that out-of-competition testing will likely be coming to a barn or training facility near them very soon. Peter Sacopulos owns and operates Green Gables Stud in Clay County, Indiana. In addition, Sacopulos is an attorney practicing equine law with the firm Sacopulos, Johnson & Sacopulos in Terre Haute, Indiana. Sacopulos may be reached at pete_sacopulos@sacopulos.com.

ut-of-competition testing is likely to remain a leading and contested topic in horse racing. In addition to the states listed above, several other jurisdictions are proposing out-of-competition regulations. Many believe that blood-doping is one of the greatest present threats to racing. www.nationalhbpa.com

RACE MEET

2013 Race Stakes Schedule

May 12 – September 26 • Sunday – Thursday • 5:25pm Post Time RACE DATE

PURSE

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Sunday, June 30, 2013

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Sunday, September 8, 2013

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Thursday, September 26, 2013

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Thursday, September 26, 2013

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Thursday, September 26, 2013

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Understanding Wobbler Syndrome New research is starting to put the puzzle pieces together on the various causes of the condition By Heather Smith Thomas

The term “wobbler” actually covers several different disease conditions since there are numerous disorders affecting the musculoskeletal and neurological systems of horses.

Courtesy Dr. Stephen Trostle

Spinal cord compression and wobbler syndrome can be diagnosed through a combination of tests, including a radiograph as seen here. Other useful tools include a myelogram, spinal fluid testing and a complete neurological exam.

The problem most commonly associated with the term is called cervical vertebral malformation (CVM), in which there is some malformation or compression of the spinal cord. This is often termed wobbler disease and is also called cervical vertebral stenotic myelopathy. Impairment of the spinal cord can lead to ataxia and uncoordination. “One thing that’s confusing is that people talk about wobbler syndrome and wobbler disease,” said Dr. Barrie Grant, who has worked with wobbler syndrome horses for many years and has a consulting practice in Bonsall, California. “In current terms, any horse that is showing neurologic signs, especially if related to the spinal cord, would be considered to have wobbler syndrome.” Many of these various problems all look the same. “The term wobbler disease generally refers to the horses that have compression of the spinal cord, which can be caused by several different things, such as injury, congenital malformation, tumors, arthritic vertebrae when the horse gets older and so on,” Dr. Grant said. Dr. Grant added that simply treating the symptoms will not do much good without a proper diagnosis, although he noted that most afflicted horses will respond temporarily to small doses of phenylbutazone, which relieves swelling and inflammation. www.nationalhbpa.com

Courtesy Dr. Barrie Grant

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Dr. Barrie Grant advises checking for signs of wobbler syndrome in young horses about every two months and recording the horse walking tight circles and up and down hills so that comparisons can be made over a period of time. “The wobblers I generally work on surgically are horses that have a mechanical compression of the spinal cord,” said Dr. Grant. “The compression may be caused by a developmental abnormality in a young horse, osteoarthritic vertebrae in a middle-aged or older horse (putting pressure on the spinal cord) or a tumor that’s growing and creating pressure or trauma to the spinal column. I have to be sure of the actual diagnosis, and this usually begins with a good neuorologic and lameness exam.” Some horses are lame as well as being neurologic. “Horses can be severely lame on one front leg, especially with weight on their back, yet the veterinarian can’t find anything wrong in the lower legs— even when blocking the fetlock, carpus, shoulder, elbow, etc.,” he said. “Some of these horses have a degenerate cervical disk at C6/C7 or C7/T1 causing pain in the area, and that’s why they are lame on that side. Radiographs of the neck and doing some neurologic tests can make the diagnosis a lot easier.” Many of these horses can be successfully treated with surgery. While the horse is being evaluated, many veterinarians also take blood samples and check titers for equine protozoal myeloencephalitis (EPM) to see if that’s a possibility, because this is another common disease that causes a horse to look like a wobbler because it destroys areas in the spinal cord. “It doesn’t really matter whether it’s pinching or destruction, lack of vitamin E or lack of myelin—an important part of the cell membrane—you end up with the same appearance in the horse,” added Dr. Grant. “It’s easy to take blood samples and check these things at the same time a neurologic and lameness exam is being done. Many practitioners now have good digital radiography equipment, and they can radiograph the neck and possibly see where a problem might be originating. If there are radiographic changes, then a myelogram is indicated to see if there is cord compression or not.” The myelogram is similar to a barium study of the spinal cord, putting a contrast agent around the cord. “With an iodine compound that outlines the spinal cord, you can see whether or not there is pressure being placed on certain areas,” said Dr. Grant. “You take radiographs in a neutral position, where the horse’s neck would be when just walking around. Then you flex the neck and see if there’s an area that ends up being more compressed when you change the position and angle of the neck. “If you have a positive myelogram, you must decide whether or not to go ahead with surgical treatment,” continued Dr. Grant. “Some younger horses under a year of age might respond to drastic changes in diet (not allowed to grow so fast) so the bones around the cord might not become so large so 32

HJ Summer

quickly. In my experience, however, if you don’t start these changes in diet very early, well under a year of age, you don’t have very good luck.” It may be difficult to detect the problem early enough to try this strategy, however. The most frustrating cases are the ones that have only subtle changes when the owner might think a young horse is just gangly and going through an awkward or clumsy stage. “There are many things you can do to monitor the growth of young horses without having to enlist the help of a veterinarian,” suggested Dr. Grant. “If you check the horse every two months, watch him back up and do tight circles both directions and watch him walk up and down hills, you can pick up subtle changes early on.” Dr. Grant also advised recording these exams on a digital camera or smartphone. Then the images can be used later for comparisons or sent on for a second opinion. If the horse seems to be getting worse, you can have your veterinarian take blood samples and radiographs. “If there’s confusion regarding interpretation of the radiograph or the veterinarian doesn’t think it looks quite right, he or she can send it by email to someone else to look at for another opinion,” said Dr. Grant. “There may be a specialist at a larger hospital or university clinic where your veterinarian could send the films. Today it’s easy to get some help in figuring it out. “There are many equine practices now that can do myelograms to get a good diagnosis,” he continued. “Then you can determine whether it’s a mild, moderate or severe case and what the horse’s chances are.” If the horse has mild signs, there may be hope with treatment. “Many horses have gone on to race well after surgical treatment,” stated Dr. Grant. “We see this problem more in Thoroughbreds, but this may be because these are the horses owned by people who want to get something done about the condition. More of them may go ahead and get a diagnosis.” Some people wonder if neck conformation might be a predisposing cause, but Dr. Grant said developmental abnormality may be the reason the neck looks the way it does. “If you see a long, lean neck, the leanness may be because there is muscle atrophy due to spinal cord compression,” he explained. Areas in which practitioners are trying to improve include some of the surgical techniques and picking out which cases might benefit from surgery and which ones will not. “People who are doing the surgery now are realizing that we’ve been interpreting the myelograms too harshly,” said Dr. Grant. “Some horses with mild changes on the myelograms are actually the cases we can help the best. “So along with trying to confirm the diagnosis, some people are developing EMGs (electromyograms) where you can show that there are actually changes to the foot and leg when you flex the neck,” he added. “This work was started in the Netherlands, and Dr. Steve Reed is also working on this. Some of the gait analysis techniques are also showing what this looks like and can also be a way to differentiate these things.” It will be worth watching over the next few years to see what the University of Kentucky can do in their research with the genetic aspect of wobblers. “There are certain breeding selections and crosses that a person might not want to make to avoid the risk of producing a wobbler foal,” Dr. Grant advised. “Opinions on the genetic aspect are split. Some people say that the data shows we can’t really say it’s a genetic trait, while other people point to certain stallions that sire more than the expected numbers of wobblers. These foals are often on the same farm, however, so we don’t know how much the environment and/or management practices play into this.” There are many factors to sort out in order to gain more clarity. “Many good minds are looking at all the different aspects,” said Dr. Grant. “The technique that Dr. Timothy Prang at North Carolina State has worked out

Courtesy Dr. Barrie Grant

According to Dr. Grant, racehorses can go on to successfully compete on the track after surgical treatment. Early and accurate diagnosis improves the chances of success. involves putting a scope down the spinal canal and actually looking at the cord to possibly see the areas involved.” Others are also looking at treatment with stem cells. “This is an area in humans where we think stem cells might help if we get them into the area of damage,” said Dr. Grant. “In horses, if this could be paired with scoping and surgery, we might be able to do this. We can put something via needle right down into the disc, run a scope in and take a look. If we see something, we could put another needle in and inject stem cells right into the cord. This will take more research to make sure we are not doing more harm than good, but a lot of these things are on the horizon as possibilities.” More information about equine wobbler syndrome can be found at www.equinewobblers.com.

CURRENT RESEARCH

Dr. Steve Reed of Rood and Riddle Equine Hospital in Lexington, Kentucky, says there’s a lot of new research right now looking into the genetics of wobblers as well as diagnosis and treatments. “A project at the Gluck Center is looking at the potential role of genetics,” said Dr. Reed. “I am on the committee working on this. We’ve always considered wobblers to be a multifactorial disease, and now that we have gene chips, we are getting a large number of samples and finally getting close to some sort of answer. “It probably won’t be simple because it will be multiple genes involved, but we may learn about something else that could be very helpful to us,” he

added. “The primary professor working on this research is Dr. Jamie MacLeod of the University of Kentucky. The genetic aspect of this disease is something horsemen and geneticists have been interested in for a long time.” This study is looking at everything from genetics to diet to spinal cord pathologies along with new diagnostic techniques and imaging availability. “Surgical intervention has been refined and is down to the point where there are only a few places that are doing it in the U.S.,” said Dr. Reed. “On the West Coast, the surgeries are being done by Dr. Barrie Grant in California, and on the East Coast, Dr. Brett Woodie and myself are doing it at Rood and Riddle. We have some long-term follow-ups now on some of these surgeries.” This will help answer the questions people ask about the outcomes after surgery. “At this point it looks like the procedure probably works a little better for show horses than racehorses, but part of the rationale behind this comparison is time,” said Dr. Reed. Often the racehorses have to make all of their career progress within a span of a year or two. In contrast, show horse owners can often be more patient, knowing that the horse could have a career lasting 10 to 15 more years. “People are learning that nervous tissue heals slowly and that it will take some time and we need to be patient,” added Dr. Reed. The acquired form of wobbler syndrome (which occurs with arthritis in the mature horse) is now being recognized in a number of stallions. “If we are going to be repairing stallions with this problem, we need a better understanding of the role of genetics,” said Dr. Reed. www.nationalhbpa.com

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Immigration

Game

Changer Major reforms on the horizon offer benefits and challenges to horsemen By William Velie and Craig McDougal

mmigration reform is the hot topic heading into the summer. The U.S. Senate finally took up comprehensive immigration reform drafted by the so-called “Gang of Eight,” a bipartisan group of eight senators trying to achieve a compromise to fix America’s broken immigration system. No doubt the final bill will differ from the current proposal, but there are plenty of opportunities and threats to the horse industry that are present in current proposals. The primary purpose of the immigration overhaul, of course, is to offer the estimated 11 million people believed to be living in the United States without legal status the chance to become legal residents. It is just not practical to deport the 11 million undocumented immigrants living within our borders. The proposed legislation provides undocumented immigrants a legal way to earn citizenship that will encourage them to come out of the shadows so they can pay their taxes and play by the same rules as everyone else. Applicants will be required to pass national security and criminal background checks, pay taxes and a penalty, go to the back of the line and learn English before they can earn their citizenship. Applicants who meet the eligibility requirements will receive Registered Provisional Immigrant (RPI) status. RPI status would allow individuals to work legally in the U.S., get a social security card and travel to their home country (after applying for

Comprehensive immigration reform could allow many backside workers in the racing industry to finally “come out of the shadows.”

appropriate travel documents). Initial approvals will be for six years. After six years, applicants will need to renew their status, which is dependent on maintaining a steady work history, having a clean criminal record and paying another $500 fine. Four years after that (which will be 10 years after initially attaining RPI status), applicants will be eligible for permanent residency (a green card). To qualify, applicants must show a constant work history, constant presence in the United States, continuous tax payments, a clean criminal record and take an English and civics test, in addition to paying another $1,000 fine. Three years after obtaining permanent residency, applicants would be eligible to become a citizen. The process from initial filing to citizenship takes a total of 13 years and requires $2,000 in fines from each person.

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Denis Blake

Many backside and farm workers will benefit from the proposed RPI status. The move to RPI status protects both the workers and employers by giving workers the necessary paperwork to prove authorization to work and by giving employers peace of mind that their workers are in the U.S. legally. Confirming work authorization will be especially important due to the new E-Verify provisions in the bill. Mandatory E-Verify has been coming for several years. Despite flaws in the system, anti-immigrant advocates have been pushing for stronger verification through government-mandated participation in the E-Verify program. All employers will have to confirm work authorization for new hires through an updated E-Verify program within five years. E-Verify would be phased in by size; employers with more than 5,000 employees will be phased in within two years, employers with more than 500 employees in three years and all employers in four years. Coupling mandatory E-Verify with increased penalties for hiring undocumented workers means the days of looking the other way on suspect documents is over.

P-1 Athlete Visas for Exercise Riders, P-1S for Grooms Horse racing shares many interests with other industries that work within current immigration regulations to meet their continual need for skilled international workers. The proposed comprehensive immigration reform will likely be our last chance for a decade or more to address some of the institutional impediments that prevent our industry from meeting its labor needs. While we do share common interests with other industries, horsemen have several unique needs that can be addressed with provisions specific to our industry. Through the efforts of NHBPA President Robin Richards and Executive Director Phil Hanrahan, as well as the National Thoroughbred Racing Association and American Horse Council, our industry has been trying for several years to gain recognition of exercise riders as P-1 athletes instead

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of H-2B laborers. The differences between the two visa classifications are substantial. A P-1 athleteâ&#x20AC;&#x2122;s visa is valid for up to five years and is flexible in terms of travel. For example, if a P-1 athlete has a summer meet in Kentucky and a winter meet in Florida, the P-1 athlete is not required to obtain a new visa before they relocate to the new meet. An H-2B laborer visa is valid for up to 10 months at maximum but is approved for only a single location. As a result, if a trainer (like one I talked to recently) races in Remington Park in Oklahoma, Ruidoso Downs in New Mexico, Hialeah Park in Florida and Prairie Meadows in Iowa during a year, that trainer will have to file a different visa for each location, incurring thousands of dollars in expenses for each application for a visa often lasting only a couple months. A second and equally important advantage to the athlete designation that would benefit our industry is that a P-1 visa allows the athlete to petition for up to five support personnel to have five-year visas as well. In real terms, this would allow a P-1 exercise rider to have up to five P-1S support grooms or hot walkers as support staff for up to five years as well. Below is the actual argument that we submitted in support of our efforts to gain recognition for our industry to be treated as athletes and not simply laborers: Exercise riders should be treated as athletes (P-1A visa) who are coming to the United States to become members of a team under a trainerâ&#x20AC;&#x2122;s leadership and reputation. Prior immigration precedents that are similar to this concept are the COMPETE ACT of 2006 that allows professional sports leagues to obtain P-1A visas for their minor league and practice squad players. Further, a 12/31/2011 USCIS (United States Citizenship and Immigration Services) memorandum also allows individuals to come to the United States to join internationally recognized U.S. entertainment groups on P-1B visas. The designation of exercise riders as P-1A athletes as members of internationally recognized trainer teams meets both the regulatory intent of the INA (Immigration and Nationality Act) and COMPETE Act as well as the public interest of enabling a culturally and economically important sports industry to meet its needs of having sufficient numbers of the worldâ&#x20AC;&#x2122;s best exercise rider athletes.

The ski industry has recently successfully placed a similar provision into the proposed Senate CIR (comprehensive immigration reform) bill adding language in the H-2B proposed language including ski instructors. Under current interpretations, the ski industry would have an even more difficult time gaining P-1 approval for ski instructors as the P-1A regulations require that the athlete be coming to the United States in order to compete. Unlike the ski industry, we have made a solid argument that our exercise riders are members of the athletic team that is engaged in the process of competition. A more durable solution will be to add language directly attached to the provision included in the proposed Senate bill. The current language of the Senate bill simply says, “Allows ski instructors to use the same visa classification as professional athletes or the H-2B program.” This could be amended to state, “Allows ski instructors and professional exercise riders of the equestrian sports to use the same visa classification as professional athletes or the H-2B program.” The reason our industry needs to shift from treatment as H-2B laborers to P-1 athletes is several fold. Athlete visas are not a political target. No one attacks Alex Rodriguez or Dirk Nowitzki as U.S. job thieves. We will remove ourselves from the crossfire between unions and conservatives who continually attack laborer visas. The P-1 and P-1S are five-year visas as opposed to 10 months on H-2B. It allows the athlete and support personnel to move locations within a stated itinerary of locations. The USCIS is the only agency that executes the visa. There is no USDOL investigatory authority invested in the visa as is the case in H-2A and H-2B. All of the other significant sports and entertainment industry have been freed from the burden of H-2B, including the major league sports (and ice dancing) through the COMPETE Act and now possibly the ski industry through the proposed CIR.

H-2B Petitions: Guidance Clarifying That a Trainer’s Temporary Need Will Be Judged in a Location-Specific Context Currently there is a split in the approach the two USCIS Service Centers use to determine the nature of a horse trainer’s temporary need. H-2B regulations allow an employer who has a temporary need of 10 months or less to petition for temporary workers during the employer’s season of need. Regulations prohibit an employer who has a year-round need to use the H-2B program. The United States Department of Labor (USDOL) and the California Service Center both follow the long-standing interpretation of temporary need that means the need is determined in the specific context of the location. As a result, the USDOL continually certifies and California Service Center consistently approves petitions filed by a trainer who races in more than one location even if their need in those locations overlaps and creates a year-round need. Since 2010, the Vermont Service Center, which has jurisdiction over New York, Kentucky, Florida, Texas, Louisiana and most of the eastern United States, has changed its interpretation of temporary need and now aggregates the trainer’s needs into one single year-round need that it uses as its regular basis for denial of most H-2B visas filed by horse trainers in the eastern jurisdiction of the USCIS.

An example of the language that is used to deny H-2B petitions is as follows: Your assertion is that your need is temporary, seasonal and based on the dates and location of the racing season in Maryland. Although you assert that the seasonal need should be evaluated for the horse racing season in Maryland, regulations require that USCIS review the petitioner’s entire need for temporary services and not just for one project or event. Thus, the petitioner’s need for 10 horse grooms is not dependent on the racing season in Maryland but includes the need for this beneficiary’s services during the horse racing season in West Virginia. To reiterate, the interpretation that aggregates all needs of the employer has only been in effect in the eastern U.S. since 2010. This reinterpretation has caused havoc for trainers. As shown in the denial language, it has even caused trainers to set up shell companies in each location they train to avoid the finding of year-round need. This creation of shell companies has led to several criminal prosecutions for concealing of material facts.

The Time is Now As the saying goes, in every crisis exists great opportunity. For many years, immigration in relation to the horse industry has been in a continued state of crisis. Many trainers go without adequate labor due to the shortage of Americans interested in working in the industry. Many law-abiding horsemen have resorted to breaking the law in order to remain a viable business. Prosecutions and fines have been brought against many horsemen. Finally it appears that immigration reform, so long just a concept, may become reality this year. If our industry can get ahead of the legislation to ensure that its needs are addressed, then it can meet its labor needs through a durable long-term working visa for international horsemen who are coming to the United States to share their skills and passion for the sport. If our industry does not meet its needs in the bill, it is likely that within just a couple of years following enactment of the law that our trainers will not have enough backstretch workers to meet their needs and will have to downsize their operations considerably. There is still time to persuade legislators from your districts to act in the interest of horsemen, but the opportunity will be gone very soon. If you would like to reach out to your Representative or Senator, you can get contact information at www.contactingthecongress.org. William Velie and Craig McDougal are attorneys with Horseman Labor Solutions, an immigration services company that represents horsemen throughout the United States in immigration matters. Horseman Labor Solutions, a sponsor of the National HBPA, can be reached online at www.horsemanlabor.com or by phone at 1-877-678-RACE.

www.nationalhbpa.com

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Hyberbaric

Healing The use of hyperbaric oxygen chambers continues to evolve in the equine world Courtesy Dr. Jennifer Smith

By Kimberly French

constructed by the English physician Henshaw In order for cells, the building blocks of in 1662. His facility, however, relied on the body’s tissues and organs, to survive, they compressed air produced by a bellows instead of require cleansing, nutrition, water and oxygen. using oxygenated air. While all four items are necessary for survival, This trend persisted for more than three without oxygen a cell would perish in roughly centuries, and throughout Europe it nearly three minutes. This gaseous element, generally overtook the use of the spa until the research credited as being discovered by Joseph Priestly of Dr. Churchill-Davidson, who studied in England in 1774, is also present in each one hyperoxia (excess oxygen in the system) in of the body’s core components: water, protein, radiation patients. carbohydrates and fats. The use of hyperbaric oxygen therapy Oxygen, coined as such by Antoine Lavoiser Horses are generally sedated before a hyperbaric oxygen (HBOT) spread to the equine world about in 1777, is responsible for repairing and chamber treatment, which runs about 75 minutes from start two decades ago after being established in regenerating tissue, warding off infection, to finish. human medicine. producing new capillaries, increasing the “In a hypoxic environment, wound healing is halted by decreased fibroblast creation of stem cells and greatly reducing the body’s inflammatory reaction. proliferation, collagen production and capillary angiogenesis,” the Undersea Present in 21 percent of the Earth’s atmosphere and in more than 50 percent and Hyperbaric Society states. “Hypoxia also allows growth of anaerobic of the globe’s crust, this element, No. 8 on the periodic table if you remember from high school chemistry, aids in energy production, which is the driving force organisms, further complicating wound healing. Hyperbaric oxygen therapy provides a significant increase in tissue oxygenation in the hypoperfused, behind digestion, circulation, respiration and homeostasis. infected wound. It influences the rate of collagen deposition, angiogenesis and As oxygen is the integral component to the existence of life on this planet, bacterial clearance in wounds. The greatest benefits are achieved in tissues it seems only natural scientists would determine what other properties oxygen with compromised blood flow and oxygen supply.” possessed. The first hyperbaric chamber, or domicilium as it was called, was www.nationalhbpa.com

Courtesy Dr. Jennifer Smith

feature

Safety is a top priority with the use of hyperbaric oxygen chambers, and a video monitor like this one at New Jersey Equine allows the operator to watch the horse at all times. According to the Kentucky Equine Sports Medicine and Rehabilitation Center (KESMARC) in Versailles, Kentucky, which was the one of the first facilities to offer HBOT for equine use, the treatment is “revolutionary.” “The normal atmospheric pressure that we live under is measured in atmospheres absolute (ATAs),” states KESMARC’s website, www.kesmarc.com. “One ATA is the normal atmospheric pressure at sea level. This is equivalent to 14.7 pounds per square inch (PSI), or 760 millimeters of mercury (mmHg), that we breathe. The atmospheric air is approximately 79 percent nitrogen and 21 percent oxygen, resulting in an oxygen partial pressure of about 160 mmHg. “Normal circumstances of oxygen delivery in the body are dependent on the proportion of oxygen in the air that we breathe, lung function, the amount of hemoglobin in our blood and the body’s blood pressure,” the site continues. “Increasing the amount of air that you breathe cannot improve the amount of oxygen delivery by hemoglobin, and breathing 100-percent oxygen at normal atmospheric pressure will only increase the amount of oxygen dissolved in blood plasma by a small amount. The partial pressure of oxygen in the blood is dramatically increased when breathing oxygen at two or more atmospheres of pressure. Increasing the atmospheric pressure in the chamber during a treatment increases the solubility of oxygen into the body. This process allows oxygen to enter plasma and tissues more readily and promotes the formation of new cells, thus further enhancing oxygen availability. Ischemic wounds and areas of infection now have new cells to increase circulation and supply lifesaving oxygen and antibiotics.” For a horse, a mammal with a poor circulatory system from the legs down and prone to infection, HBOT is simply another valuable medical resource. In an article entitled “Review of Equine Hyperbaric Medicine” published in 40

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the Journal of Equine Veterinary Science, Dr. Nathan Slovis from the Hagyard Equine Medical Institute in Lexington, Kentucky, stated that HBOT produced favorable results for a number of equine health issues. “Hyperbaric oxygen therapy appears to be a promising adjunctive treatment for a variety of equine disorders, including laminitis and other ischemic injuries,” Dr. Slovis wrote. “Hyperbaric oxygen (HBO) is a high-dose oxygen inhalation therapy that is achieved by having the patient breathe 100-percent oxygen inside a pressurized hyperbaric chamber. The delivery of oxygen to the tissues is through respiration because there is insufficient absorption of oxygen through the skin. The benefits of HBO are derived from both the physiologic and pharmacologic effects of high-dose oxygen. HBO is based on two physical factors related to the hyperbaric environment: mechanical effects of pressure and increased oxygenation of tissues. "The use of HBO by veterinary medical hospitals is in its infancy,” Dr. Slovis continued. “Our clinic has currently treated more than 250 patients in our HBO chamber. Patients included pregnant animals as well as neonatal foals, with no adverse effects noted. Patients have been pressurized from 1.5 to 3 ATA (ATM absolute) ranging from 60 to 90 minutes at treatment pressure (depth). Hagyard Equine Medical Institute has used HBO as adjunctive therapy for fungal disease (fungal pneumonia), thermal burns, carbon monoxide, smoke inhalation, closed head injuries, ileus, central nervous system edema/perinatal asphyxia, peripheral neuropathies, sports injuries (exertional rhabdomyolysis), cellulitis, compartment syndrome and ischemic injuries (laminitis). In carefully selected patients, the addition of HBO therapy to standard measures may improve clinical outcomes. Further research is needed in the field of equine HBO medicine.” Over the last five years, more veterinarians and universities have installed hyperbaric oxygen chambers, but after an explosion in an Ocala, Florida, chamber last year took the lives of the 28-year-old operator and a 6-yearold horse, there have been concerns raised over the treatment’s safety. An investigation concluded the explosion was caused by a spark when the horse, which was wearing steel shoes, kicked an interior wall. “Our unit is similar to the one in Ocala,” said Dr. Jennifer Smith of New Jersey Equine. “It is a climate-controlled, in-house version, but there are portable units out there. In terms of safety protocol, we have a specialized procedure that everyone is up to date on. It’s an hour and 15 minutes from the time they walk into our chamber building until the time they walk out. The first 15 minutes is prep on the front end. We take their temperature, listen to their heart and lungs and wrap and tape their feet if they have shoes on. You also need to make sure they have no petroleum products on. The main goal is to eliminate anything that would trigger a spark, result in ignition and cause an explosion. They are usually in the chamber for 15 minutes, then we leave them in at the desired pressure for 30 to 45 minutes, of which 45 is usually the time period, and then a 15-minute decompression period. There is always someone in the room with the horse, and there is a monitor in the chamber. You can watch the horse on the screen as well as see them through the windows in the chamber. Anytime a horse seems restless, you are on top of it, and they are sedated just to make sure if they are acting nervous. A horse that ships well will usually do quite well in the chamber, but the ones that don’t ship so well can get a little nervous.” Like New Jersey Equine, the University of Tennessee College of Veterinary Medicine also installed a hyperbaric chamber, and they employ a strict protocol for treatment and safety as well. “Our first unit was acquired around 2005,” Dr. Steve Adair, associate professor of equine surgery at the university, said. “There is a lot on hyperbarics in the human field, and while it was being used in the equine world, there was very minimal research or controls. We were interested in using hyperbaric therapy on horses, establishing clinical protocols and doing research.

“We have an SOP, or a standard operating procedure, and we have a go and no-go checklist for every single case,” he continued. “One is going through and dealing with the chamber itself. We have a very specific checklist to make sure the chamber is fully operational before the animal goes in, and then we have the animal checklist. If they have shoes on, they are pulled, and if any petroleum product has been applied, they get a bath. Any kind of material that could potentially generate a spark, such as nylon, must be removed. Also, if an animal is running a fever, they don’t go in. There are medical things we check to make sure they are in the best shape possible when they go in. Every single patient has a checklist, and we’ve been doing that for years. We have a licensed veterinary technician that not only is a certified equine rehabilitation practitioner, but she has also been to the Nix Medical Center in San Antonio and gone through their human hyperbaric training course. There are three of us here that have been through this training, and we are the ones who do all the treatments.” Both Dr. Smith and Dr. Adair use the hyperbaric chamber for a variety of cases and patient types. “There are a bunch of different things you can use this treatment for,” Dr. Smith said. “It stimulates healing and reduces inflammation. Also, it enhances the profusions or areas of tissue that are poorly oxygenated. Probably the most common thing we use it for is for bleeders. I think that, in a vast number of cases, it really helps lower airway inflammation. With horses that have lower airway inflammations, such as mucus, it clears them right up. We use it to treat pneumonia, any kind of infection, septic joints and wounds. This treatment expedites the healing process but is not a magic bullet. You wouldn’t use hyperbaric therapy alone but in conjunction with other things. It really seems to lower the convalescent period. I don’t have any numbers from controlled studies to prove that, but I think it does.” Dr. Adair concurs with Dr. Smith’s assessment of the therapy. “There is no doubt it helps the healing process,” he said. “The problem is its limitations. It isn’t a one- or two-shot deal where you can treat them today and then be done the next. You can with colics because they are a fairly rapidly progressing problem post-operatively, and you would only treat them for about three days, but most other situations require multiple therapies or sessions. By that, I mean 10, 20 or 30 treatments. It is not a panacea but a complementary therapy. It is known hyperbaric oxygen actually kills anaerobic bacteria. The gold standard for carbon monoxide poisoning in humans is hyperbarics. It can be used by itself as the primary therapy, but unfortunately a lot of people do not want to leave their horses for the number of treatments the situation needs.” Hyperbaric oxygen chambers have established themselves and proliferated over the last two decades, but will its influence continue to grow within equine medicine? “I think we are going to fine-tune which diseases will benefit best from it and further define protocols such as number of sessions, the time they are actually in the chamber and the pressures we use,” Dr. Adair said. “I think that is what you will see as over the next five years as we use the chambers more and more.” Dr. Smith also feels the hyperbaric oxygen chamber will be implemented in more veterinary practices in the coming years, much like its progression in the human medical field. “It has been viewed as a performance enhancer, but there is no enhancing effect,” Dr. Smith said. “Dr. Palmer and I did a little study we are now trying to publish on the pressure concentrations in a horse’s arteries right before they

The University of Tennessee has been using hyperbarics for nearly a decade, and Dr. Steve Adair believes their use will be fine-tuned in the coming years to determine which diseases and ailments are best suited for the treatment. go in the chamber and right when they come out. Within minutes of coming out of the chamber, their saturation levels are right back to normal, so any type of discussion about this treatment and blood doping would be a false statement. It’s an anti-inflammatory type of treatment that is probably more effective postexercise in terms of reducing inflammation and reducing recovery time. “The good news is human medical insurance companies are now covering treatments for hyperbaric therapy, and they have proven it does work,” she continued. “That is all a plus for promoting future use of it. I think it’s here to stay and is not a fad. We probably need controlled studies to verify hyperbaric therapy, but I have certainly noticed it shortens the convalescent period for horses coming out of surgery and the inflammation resolves more quickly. They seem more comfortable and have a faster turnaround. If you can do a few treatments to shorten the recovery period, the time and money you spend on things such as board and medication while they are out of work will balance out in the long run because they will return faster. Again, it’s not a magic bullet, and we have cured many diseases in the past before hyperbaric therapy, but now that it is available we have something else in our repertoire that gets horses back to feeling better more quickly.”

Dr. Smith also feels the hyperbaric oxygen chamber will be implemented in more veterinary practices in the coming years, much like its progression in the human medical field.

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Views and opinions expressed are those of the authors and do not necessarily represent the opinion or policy of the publisher or National HBPA board or staff. Alabama HBPA What a difference a contract makes! As previously announced, on March 20 the Alabama HBPA and the Jefferson County Racing Association (JCRA) reached an agreement and signed a one-year contract. The many hours, days, weeks and months of effort put into trying to work with the JCRA to get them to come to the table to talk finally paid off. However, the Alabama Thoroughbred horsemen still receive no benefit from simulcasting at Macon County Greyhound Park, owned and operated by the same entity as the JCRA, or from either of the two other simulcasting outlets within the state, Mobile Greyhound Park and Greenetrack. We will continue in our efforts to open these doors as well. Now the real work begins! As part of the contract, it was agreed that the JCRA and AL HBPA would work together to have a feasibility study done to determine the cost of bringing Birmingham Race Course back to live racing shape, the type of race meet to start out with, etc. We are looking for an individual, firm or company that has knowledge of racetrack operations and that engages in this type of business to work with us. We want to keep this moving forward. Any input is appreciated, or if you know of anyone, please have them call me directly at (205) 969-7048. We do not want this to be like the last 18 years of promises that live racing is coming back to Birmingham. We have received confirmation from the Birmingham Racing Commission (BRC) that they will be funding the two Alabama-bred races for 2013. They are the $50,000 Magic City Classic for 3-year-olds and up and the $25,000 Kudzu Juvenile for 2-yearolds. The commission will present dates and track location at its July meeting. The AL HBPA is once again paying out an annual guaranteed $10,000 supplemental award to the owners of any Alabama-breds running in open company and placing first, second, third or fourth with payments of $400, $300, $200 and $100, respectively. It is the responsibility of the owner or trainer to notify us when a horse qualifies to receive an award. This is an election year for the AL HBPA. We will be having a general meeting for nominations and then the election later in the year. More on this will be posted on our website at www.alhbpa.com. Many thanks to all who have supported and continue to support the Alabama HBPA. Nancy Delony, Executive Director

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Arizona HBPA Turf Paradise Another good season ended May 7 as the Hasta La Vista Handicap crossed the finish line. We were fortunate to again this year welcome many Canadian and Arizona trainers back for another season, as well as new trainers from Oregon and New Mexico. Arizona Festival Day spotlighting Arizona-breds was held April 27 and was again well-received. We appreciate the Arizona-based owners, trainers and breeders who help make the Turf Paradise meet successful.

The Arizona HBPA has reached an agreement with Turf Paradise management for another two-year horsemen’s contract. Management has agreed to do considerable work on the backstretch during the off-season. On April 24, the Arizona HBPA and management held a general horsemen’s meeting. President Lloyd Yother and Turf Paradise owner Jerry Simms announced several changes that will take place for the 2013-2014 meet. Horsemen were also told that the bottom purse would be $6,000 for next season. Turf Paradise will be installing flat-screen TVs, the backstretch is being repaved and many other improvements will be done on both the backstretch and frontside. The Arizona HBPA and Turf Paradise co-sponsored Camel Day again this year with a huge crowd on hand. Camel Day is not only fun for the crowd but also for the jockeys, backstretch employees and trainers who participate in the day to help make it a success by riding the camels and ostriches. Leaders at the meet Jockey - Geovanni Franco Owner - Miguel Silva Trainer - Miguel Silva Prescott Valley New owner and general manager Gary Miller met with horsemen at Turf Paradise on April 13. It was with a heavy heart that Gary informed horsemen of the plight of the track in Prescott Valley. The historical opening day would not happen this May 24; however, he hopes to be able to open for horses in July and possibly race in August. However, this is only a goal. Gary has put in a lot of time and money into trying to revive the facility to promote continued horse racing in Arizona. Prescott Valley will open the lower barns for boarding starting May 9. The charge will be $3 per stall. The arena will be open for jogging. Applications are available in the Arizona HBPA office.

Arkansas HBPA Oaklawn’s live meet came to an end on April 13 with Arkansas Derby Day. The Arkansas HBPA would like to congratulate Charles Cella, track owner and president, for winning the Grade 2, $500,000 Oaklawn Park Handicap in front of 66,158 hometown fans. Cyber Secret gave Mr. Cella and longtime trainer and friend Lynn Whiting their first victory in one of From left, Janis Walmsley, Loretta Brennan and President Oaklawn’s signature Linda Gaston enjoy Kentucky Derby Day at Oaklawn Park. events. Also congratulations to Overanalyze, owner Repole Stable, trainer Todd Pletcher and jockey Rafael Bejarano on winning the Grade 1, $1 million Arkansas Derby. Legendary jockey Calvin Borel made Thoroughbred racing history by posting his landmark 5,000th career win during Oaklawn’s 2013 meet. Borel has ridden www.nationalhbpa.com

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more than 6,365 races at Oaklawn with 900 wins and $20,395,809 in earnings. He was Oaklawn’s leading rider in 1995 and 2001 and was inducted into the Arkansas Sports Hall of Fame in 2011. Borel won the Kentucky Derby an incredible three times between 2007 and 2010. Trainer Steve Hobby, who serves on our Arkansas HBPA board as chairman of our racetrack committee, earned the 1,000th win of his career when Ruthless Empire won the seventh race on March 2 as the 4-5 favorite under jockey Rosemary Homeister. The Arkansas HBPA board would like to congratulate Steve Asmussen, Oaklawn’s leading trainer for the 2013 meet with 37 wins and earnings of $1,567,271; Ricardo Santana Jr., Oaklawn’s leading jockey with 70 wins and earnings of $2,061,440; and Midwest Thoroughbreds as leading owners with 16 wins and earnings of $264,937. Even though live racing at Oaklawn is over for the year, the Kentucky Derby was special as the track hosted Smokelawn, featuring 50 professional and amateur BBQ teams competing for $10,000 in prize money. The event also featured live blues music, a kids’ zone with a petting zoo and of course a simulcast of the Kentucky Derby from Churchill Downs.

Charles Town HBPA President Randy Funkhouser held his first general membership meeting in March with guest speakers Julio Rubio, National HBPA Latino Liaison, and William Velie, an attorney with Horseman Labor Solutions specializing in citizenship, visas and employment authorization. Each guest gave a very informative presentation on immigration to our owners and trainers. The following day, Mr. Rubio and Mr. Velie held a meeting for backstretch personnel at the old HBPA building courtesy of Erich Zimny, vice president of racing operations for PNGI Charles Town Gaming. This meeting drew more than 40 workers who were brought up to date on changes to the immigration laws and procedures; numerous questions were answered. New Chaplain Takes the Reins Effective March 17, Joel Hiraldo Alvira has been appointed chaplain for the Charles Town Race Track Chaplaincy. Chaplain Joel is a native of Puerto Rico, had a riding career for 18 years and has ministered the word of God for the past 12 years. He also currently serves as pastor of Promesas Dios House of Worship, a local Hispanic ministry. As a Charles Town rider and resident since 2004, Chaplain Joel is a familiar face to many in our backstretch community as he walks the barn area in the mornings. The Chaplaincy held their annual Easter party for the backstretch families. The Easter Bunny was on hand, and there were lots of games for the children. The Chaplaincy Board hosted a successful open house on April 20 to meet and greet the new chaplain. Our local newspaper covered the event.

HJ summer

Legislative News During the 2013 legislative session, the horsemen and breeders were successful in passing legislation that will allow three West Virginia-accredited races per day to be written in the condition book. The governor recently signed Bill 542, which will go into effect beginning July 10. The CTHBPA would like to thank our lobbyists Clarence Martin and Troy Hendricks for their efforts in passing this bill as well as protecting horsemen from other legislative bills that would effectively reduce our current number of racing days and further deteriorate our purses.

Florida HBPA The Lion of Winter Roars Louder By Kent H. Stirling, Executive Director Every year, as the self-proclaimed Czar of Winter Simulcasting, I track the amount of interstate wagering on each track’s simulcast signal. I then take this number and divide it by the number of races that were run in order to generate these wagering numbers. This gives me the average wagering per race, which indicates the most popular wagering signal on that day. For the last 14 years, the most popular signal to wager on in the winter has always been Gulfstream Park. Why do I do this you might ask? Well, back in 2000, a number of racing writers were reporting about the decline in the quality of racing at Gulfstream. I was curious as to where the best racing was taking place if it wasn’t at Gulfstream. It seemed that tracking the wagering by race would lead me to the signal most wagered on, which would supposedly be where the best racing was taking place. My little experiment proved that Gulfstream indeed had the best racing in North America during the winter. It further displayed that Gulfstream also had the best signal, and therefore, the best racing on each and every day of the race week. In the early years of this experiment, Fair Grounds Race Course was a very formidable exporter of its signal and actually finished second to Gulfstream. Then the Fair Grounds’ signal began to slide and finished behind Aqueduct and Santa Anita Park. Churchill Downs Inc. (CDI) then bought the Fair Grounds, and the signal recovered slightly for a year or two before CDI pulled the plug on any of their tracks giving out handle or attendance numbers to the media, unless, of course, the numbers were really good. With no published wagering numbers available from the Fair Grounds, I dropped them from my wagering study and replaced them with Tampa Bay Downs. A few rules were established by the Czar of Winter Racing, with the most notable being that if at least two tracks didn’t operate on the same day, no simulcast numbers were used for that day. The other rule is this study begins when Gulfstream opens and ends when Gulfstream closes. There is one exception to that rule and that is that Arkansas Derby Day is included in the study as an extra Saturday for Oaklawn Park. This is because it is Oaklawn’s biggest day, but it is run after three of the other tracks have already closed, including Gulfstream. Historically, the tracks studied always ran five-day race weeks, save for Gulfstream, which ran six-day weeks during half of their race meet. Now only three of these tracks run five-day race weeks, and one struggles to do that, Aqueduct, but that is solely weather related as it’s not easy to run during northern winters. Oaklawn and Santa Anita have opted for four-day race weeks, and while it has seemed to help Santa Anita’s simulcast numbers, it seems to have been flat for Oaklawn. As you can see by looking at the accompanying simulcast chart, Gulfstream was a clear winner on simulcast wagering per race on every www.nationalhbpa.com

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Monday Wednesday Thursday Friday Saturday Sunday Average/ Race For All Days

AQUEDUCT GULFSTREAM OAKLAWN SANTA ANITA TAMPA BAY Races Avg/Race Races Avg/Race Races Avg/Race Races Avg/Race Races Avg/Race 19 444,098 20 692,081 19 232,189 19 579,022 DID NOT RACE 54 357,346 90 523,945 DID NOT RACE DID NOT RACE 84 296,756 126 343,736 147 579,475 99 198,922 96 493,151 46 291,985 127 455,046 180 674,970 120 201,338 121 575,402 178 327,915 156 727,722 197 1,026,412 115 288,380 143 756,701 205 430,492 145 483,545 192 707,124 99 188,568 134 618,177 148 347,729 627

508,413

826

733,226

race day of the week. Mondays were both holidays and were in a week when Wednesdays were dark. The thing that holds true every year is the tremendous amount of wagering on Gulfstream’s signal on a Saturday. Gulfstream clearly separates itself from the pack on racing’s most popular and profitable race day. I believe this is the first time I have had a track handle over a million dollars a race as Gulfstream did. The Gulfstream handle per race was a quarter of a million dollars more than even its sister track, Santa Anita, which finished second on Saturdays. Fridays have made vast strides as a popular day to wager on simulcasts to the point where they now threaten Sundays as the second-best wagering day of the week. Santa Anita has replaced Aqueduct as the second-most wagered-on winter simulcast signal for the last three or four years, but she doesn’t seem able to close any significant ground on her big sister, Gulfstream, which just keeps stretching her lead every year. Gulfstream Has Yet Another Sensational Race Meet While tracks around the country, including one seven miles away, show declines in handle almost every year, Gulfstream continues to buck the national trend. Gulfstream probably advertises their racing product as much as any track in America. You can’t drive down the highways in South Florida without seeing numerous Gulfstream billboards; you can’t turn on the radio without hearing a commercial for racing at Gulfstream; and you can’t watch very much TV without seeing an ad for Gulfstream. Does advertising work for Gulfstream? During the recession, Gulfstream’s handle numbers were up every year, and this year was different only in how much they were up. Gulfstream’s handle on their live product was up an amazing 20.3%, and wagering on-track on simulcasts was up 15%. Gulfstream, whose out-of-state simulcasting handle has been the industry leader for winter simulcasting the last 12 years, made it 13 consecutive years by increasing by more than 7.2% over last year. Starters per race slipped slightly from 9.2 to 9.0 this year, but Gulfstream almost reached their record last year of 392 turf races, falling short by just two races. Total purses paid daily was $411,274, up from $405,971 last year, and daily overnights paid averaged $298,795, down slightly from last year’s $299,991. It should be noted that while Gulfstream’s on-track and interstate wagering (ISW) numbers were each up, their intrastate wagering (ITW), or wagering in the state of Florida, was down 6.1% on race days.

452

204,273

513

621,856

661

357,704

year terms. Incumbent owners Phil Combest, Tom Cannell and William Wright were all re-elected. On the trainer side, David Fawkes and William White were elected. The trainer alternate was Larry Bates, and owner alternates were Myron Miller and Daryl Clark. The board by acclamation re-elected Phil Combest to another term as president. Vice presidents approved by the board were Tom Cannell, Larry Pilotti and Barry Rose. Barry Rose will also return as treasurer, and Kathy Davey will now serve as the secretary. Backside Doings Chaplain Tom LaPointe took 65 people from the backsides of Gulfstream, Calder and Palm Meadows Training Center, including their children, to Rapids Water Park for a day of fun…Another deep-sea fishing trip entertained 50 more backsiders… The Annual Backside Appreciation Day Picnic took place at both Gulfstream and Palm Meadows (pictured), and they were bigger and

Florida HBPA Election The Florida HBPA had its annual board of directors election on March 15, at which time five directors were elected to the 15-person board to serve threewww.nationalhbpa.com

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better than last year…The nurses and doctors from the Gulfstream Memorial Health Clinic spent a day at the races (pictured)…Gulfstream and the FHBPA sponsored another Groom Elite 101 graduation class (pictured) and then sponsored the 201 class.

Indiana HBPA

Indiana Legislature Changes the Game for Racing Revenue The Indiana General Assembly adjourned its biennial budget session at 1:30 a.m. on April 27 after passing legislation that will significantly alter the way racing and breeding is funded in Indiana. For the immediate future, racing and breeding will continue to receive 15% of slot revenues, minus deductions that reduce the share to approximately 12%, as it has been since 2007. The legislature passed a two-year budget that spends a little over $23 million on breed development ($10-plus million for Thoroughbreds) and takes 48

HJ summer

Denis Blake

Indiana Thoroughbred Racing Begins New Era, Full-Time at Indiana Downs When Indianapolis-based Centaur Gaming completed the acquisition of the Indiana Downs race facility and Indiana Grand Casino, near Shelbyville, Indiana racing and breeding entered a brave new world. Now all flat racing will take place at Indiana Downs, and all Standardbred racing will be conducted at Centaur’s other Indiana track, Hoosier Park. Centaur got to work immediately. With the aid of several well-respected track consultants, marketing professionals and a seasoned operations team, Indiana Downs opened a 120-day meet on April 23. Indiana Downs added 5,500 tons of new track material and has incorporated a steady and responsive maintenance regimen. Track officials are confident that the additional material will provide a safe and resilient surface. So far, horsemen agree. The new meet attracted 1,900 stall applications. Increased demand has led to planning additional stall space at the facility. The track has begun the permitting process for more than 300 new stalls in four to-be-constructed new barns. In the meantime, Indiana Downs has contracted with Turfway Park for supplemental stall space and has instituted a daily shuttle service. Thoroughbred and American Quarter Horse racing is following a Tuesday, Wednesday, Friday and Saturday schedule, with a 6 p.m. EDT post time. On July 1, Mondays will be added as an additional racing day for the remainder of the season, which ends October 19. In addition to the 19th running of the $500,000-added Indiana Derby (G2) and $200,000-added Indiana Oaks (G2) on October 5, Indiana Downs has updated three of the open stakes races. Set to take place on June 25, all three races will be held on the 7/8th-mile turf track. The card will be headlined by the Centaur Stakes, a $200,000-added stakes race for 3-year-olds. The remaining two stakes races will be for 4-year-olds and up, as well as fillies and mares, with both boasting $100,000-added purses. The Indiana Grand stakes race is another addition to the 2013 meet and will see 3-year-old fillies run for $125,000-added on the turf. The entire stakes schedule is available for download through Indiana Downs’ website at www.indianadowns.com. Under President Joe Davis, the Indiana HBPA is working closely with Indiana Downs and Centaur to steer a productive course through this transitional year. After two consecutive million-dollar Fridays to open the meet, the transition is clearly working. Indiana Thoroughbred racing and breeding would appear to be on the brink of a bright future.

nothing away. In a session that started with the new governor wanting all of our slot revenue and the House wanting half, that is a pretty good outcome. In addition, they included a new provision that directs the Indiana Department of Revenue to put in place a tax amnesty program for any taxes owed on claiming transactions prior to June 12, 2012. Last year, horse owners started receiving past-due tax bills for sales tax on claiming transactions dating back to 2009. The Department had retroactively assessed penalties and interest for the taxes, although no one—including the Revenue Department—had previously recognized that the taxes were due, and no mechanism had been put in place to collect them. Now anyone owing claiming transaction taxes from 2009 through June 30, 2012, can pay the taxes between July 1, 2013, and the end of the year without paying the penalties or interest. Taxes due on current and future claiming transactions will be collected at the track, at the time of the claim. But the biggest development to come out of this session is a new structure for funding racing and breeding from the track racinos. Legislators finally acknowledged that the revenue flowing to horsemen from the on-track casinos approved in 2007 is, in essence, track ownership funding their own racing programs—not a state subsidy. Senate Enrolled Act 609 (not yet signed by the governor at the time of this writing) will now require representatives of all breeds to negotiate a long-term contract with Centaur (the owner of both Indiana tracks) for between 10% and 12% of all gaming revenues, while relieving horsemen of responsibility for cap overages, the Gaming Integrity Fund, Tobacco Cessation and State Fair set-asides. Horseman representatives have through October to successfully negotiate the agreement. If no agreement can be reached, the Indiana Horse Racing Commission will be the final arbitrator and will have approval oversight for any agreement reached. The new funding structure takes horsemen’s revenues out of the annual legislative scramble to take some portion of the monies. Because the new structure removes caps and deductions that diverted more than three percent of horsemen’s gaming revenue and because of what should be a long-term agreement, Indiana racing and breeding should experience a new stability with the potential for significant long-term growth. Our thanks to horsemen and women who contacted and helped educate legislators about this industry and its value to the state. And many thanks to legislators who recognized that value and set us up for success. Now we have to find a way to make this work. Stay tuned…

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Awards Banquet for IA HBPA and ITBOA The annual IA HBPA Awards Banquet held for the category winners of the 2012 racing meet was a huge success with an excellent turnout. The honored guest and keynote speaker for the banquet was Iowa Secretary 2012 Trainer of the Year: Chris Richard of Agriculture Bill From left, IA HBPA President Leroy Gessmann, Northey. Chris Richard and Secretary Bill Northey The awards banquet was once again held in combination with the ITBOA. This is the second year this has occurred and will continue this way for the foreseeable future. It was decided after the 2011 banquets for both organizations 2012 Appreciation Award Recipient: Scott Pope occurred less than From left, Scott Pope, IA HBPA President Leroy Gessmann and Secretary Bill Northey a week apart that a combination of the two would be easier for both groups and our representative members. The results have been a resounding success from all of the compliments that have been received following the banquet. 2012 Owner of the Year: Maggi Moss Maggi Moss From left, ITBOA President Deb Leech, IA HBPA President was the winner of Leroy Gessmann, Maggi Moss and Secretary Bill Northey Owner of the Year for both the IA HBPA and ITBOA. This is the second time Maggi has been awarded a combined award from both groups. Maggi has held the title of IA HBPA’s Owner of the Year for 10 years in a row. In 2012, her horses started 102 times, won 44 of those starts, finished second 27 times and third 15 times. Her stable’s earnings were more than $902,000, with nearly $500,000 of those earnings from Iowa-bred horses. Her Iowa-bred stakes winner He’s Not You accounted for $116,000 of that amount. The Appreciation Award for 2012 was presented to Scott Pope. He has put in countless hours of work for the IA HBPA, from doing the voiceover at the

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awards banquet to being a guest speaker at owners seminars. Scott’s talent in broadcasting and media has helped advance the racing industry in Iowa, and the IA HBPA was proud to present him with this year’s Appreciation Award. The 2012 Horse of the Year honors went to Alsvid, who started seven times during the year and won four of those starts, all of which were black-type. He won the Golden Circle and Prairie Mile Stakes at Prairie Meadows and then went on to win the David M. Vance Sprint and Remington Park Sprint Cup at Remington Park. In all, Alsvid had total earning in excess of $295,000 in 2012. The Claimer of the Year for 2012 is Veillit’, who loved to win at a distance. Her wins were from a mile to 1 ¼ miles. She was claimed three times at Prairie Meadows and is now owned by Joe Davis, who has since retired the mare to his farm. The 2012 Trainer of the Year went to Chris Richard. Chris began training in 2005 shortly after earning a master’s degree in equine nutrition and exercise physiology at Texas A&M University. Last year, he led the trainer standings with 231 starts, 76 wins, 46 seconds and 34 thirds. His stable earned $1,634,786 with a 33% win average. Once again congratulations to all IA HBPA award winners! Groom Elite 101 in Full Swing on Prairie Meadows Backside The Elite Program class Groom Elite 101 started strong this year with more than 20 people in attendance for the first couple of days. This year’s lineup of classes will be covered by farm manager Trista Vail, assistant trainer Hillary Hartman, equine nutrition consultant Kelly Graber B.Sc., P.A.S., trainer Betty Coatney, Dr. Stephanie White, farrier John Urich, trainer Thad Keller, trainer Dave Elemegreen and Dr. Keith Soring. This year it was decided to conduct a Groom Elite 101 class after a oneyear hiatus from it being offered on the Prairie Meadows backside. Last year, a follow-up to Basic Grooming 099 was offered that lasted for a total of four days with good participation, but students wanted more information that is available only in a 101 class. With that being the case, the IA HBPA opted to forgo the follow-up class to Basic Grooming 099 in 2012. The IA HBPA will now offer Basic Grooming 099 prior to the meet and either a GE 101 or GE 201 class for grooms during the running of the Prairie Meadows meet. At this time, the IA HBPA is considering holding a GE 201 class for 2014, as there are a number of individuals who have already expressed interest in the class being offered for next summer. The continued success of The Elite Program at Prairie Meadows is not in doubt as there are many grooms who want to learn more about the Thoroughbreds that they are charged with caring for on a daily basis. The IA HBPA thanks all the above mentioned individuals who will be teaching the material in the Groom Elite class. The IA HBPA also thanks Dr. Reid McLellan for his creation of The Elite Program and all the classes available through this outstanding husbandry educational curriculum. Newly Created IA-MN Challenge Races Off to a Steady Start The newly created restricted races for Iowa- and Minnesota-breds, called IA-MN Challenge Races, are being well-received at the beginning of the meet here at Prairie Meadows. This program was created as a result of the HBPAs at both Prairie Meadows and Canterbury Park working with their respective tracks and breed organizations. The goal of the discussions was to create a way to help foster the breeds in both states by offering more racing opportunities in restricted company outside of the individual states, thus resulting in the creation of the Challenge Races. The Challenge Races will be run at Prairie Meadows only when Canterbury is not running and then at Canterbury once Prairie Meadows is done for the year. www.nationalhbpa.com

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During the first book offered at Prairie Meadows, about half of the Challenge Races offered have gone. Mostly Iowa-breds have filled the races; however, the IA HBPA and Prairie Meadows look forward to having more Minnesota-breds compete in the upcoming books prior to Canterbury Park opening. The IA HBPA also is confident that once the Prairie Meadows meet concludes and Iowa-breds are trying to find spots to run after the meet is over that the Challenge Races offered at Canterbury will go often. Both Prairie Meadows and the IA HBPA look forward to continuing to build on the beginning success of the Challenge Races and bringing in more Minnesota-breds to race early next year. Also, for informational purposes, during the Festival of Racing on Friday, June 28, the local horse-retraining program Hope After Racing Thoroughbreds (HART) will be holding a silent auction in the Prairie Rose Room. All of the proceeds will benefit this program and help aid in the placing and/or retraining of Iowa Thoroughbreds when their racing careers are over. If you would like to donate an item(s) to the silent auction or want to make a monetary donation for HART, please contact the IA HBPA office at (515) 967-4804.

Kentucky HBPA President’s Message Another Derby has come and gone, and it is indeed refreshing to see so many people riveted to Thoroughbred racing even if it is only for a short time. We all hope that being part of racing’s crowning spectacle perhaps instills an interest in coming to the races more often. Obviously, I am biased, but it is hard to imagine that so many people are attracted to the bells and whistles associated with slot machines yet they cannot see the advantages of spending time at the racetrack, observing the beauty and splendor of the sport with the opportunity to wager while enjoying the excitement of horse racing. During Derby week a renewed effort to have racing federally regulated surfaced. It is unfortunate that certain individuals continually portray Thoroughbred racing as an industry in which illegal drug use is rampant when statistics indicate that their accusations are unfounded. Testing of racing Thoroughbreds is extremely sensitive, and levels of medication in horses are screened at nanograms (billionth of a gram) and picograms (trillionth of a gram). For instance, if a horse is found with 20 nanograms of cocaine in

his system while running, this is considered a positive test according to the Thoroughbred Owners and Breeders Association (TOBA) guidelines while an Olympic athlete is permitted to have up to 150 nanograms of cocaine in his system and still compete. This level is established by the U.S. Department of Health and Human Services Department. I bring up this point because the proposed federal legislation would place Thoroughbred racing under the auspices of the U.S. Anti-Doping Agency (USADA), a nongovernmental organization that is the official anti-doping agency for Olympic sports in the United States. USADA is widely credited for its pursuit of cyclist Lance Armstrong. I am not sure that this is a ringing endorsement since Mr. Armstrong won seven Tour de France titles before he was finally discovered, and it appeared this was not accomplished due to the efficiency of testing in place but more because of admissions of his cycling teammates. Accredited laboratories, like the HFL laboratory in Kentucky, are the answer to concerns regarding the use of legal and illegal medications, not federal testing intervention. We alerted horsemen that the Department of Labor (DOL) representatives have been investigating the practices of horsemen at racetracks. Horsemen are required to post the Fair Labor Standards Act in their stables. A laminated copy of the Act was distributed to each stable by KHBPA representatives. If you need a copy, contact the KHBPA office. Many horsemen operate under the mistaken assumption that stable employees are exempt from minimum wage, overtime and record-keeping. That is simply not the case; horsemen who have experienced an audit by the DOL will tell you it is not a pleasant experience. In conjunction with wage and hour records, remember to have your I-9s up to date (see next page). I have been working closely with Corey Johnsen, president of Kentucky Downs, on the schedule of purses for the race meeting in the fall of 2013. The level of purses is nothing short of spectacular. For instance, 2-year-old maidens will be competing for a $90,000 purse. The heightened purses for the five-day all-turf race meeting this fall are due to the successful Instant Racing operation at Kentucky Downs. Hopefully, in the months to come, Kentucky’s Supreme Court will determine that Instant Racing machines are legal. If that happens, we have received assurances that several racetracks in Kentucky will install the machines. Good luck in your racing endeavors! Rick Hiles, KHBPA President

INSTANT RACING MACHINES HANDLE & REVENUES 2013

Denis Blake

Date January February March April

Total Handle 2,064,331 2,462,803 2,482,197 2,419,595 9,428,926

HJ summer

Returned to Public 1,873,234 2,234,782 2,223,605 2,207,972 8,539,593

Track Revenue 140,125 167,593 197,775 152,987 658,480

Purses Generated 18,675 21,919 22,013 20,852 83,459

Awards & Supplements 1,333 1,566 1,572 1,489 5,960

KDTF Development Fund 15,482 18,471 18,616 18,147 70,716

Equine Industry 4,129 4,926 4,964 4,839 18,858

Equine Drug 2,064 2,463 2,482 2,420 9,429

Higher Education 2,064 2,463 2,482 2,420 9,429

General Fund 7,225 8,620 8,688 8,469 33,002

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How to Prepare for a Visit to Your Stable from Department of Labor Investigators This fact sheet provides general information concerning what constitutes compensable time under the Fair Labor Standards Act (FLSA). The Act requires that employees must receive at least the minimum wage and may not be employed for more than 40 hours in a week without receiving at least one and one-half times their regular rates of pay for the overtime hours. The amount employees should receive cannot be determined without knowing the number of hours worked. An employee may voluntarily continue to work at the end of the shift to finish an assigned task or to correct errors. The reason is immaterial. The hours are work time and are compensable. Waiting Time: Generally, the facts may show that the employee was engaged to wait (which is work time) or the facts may show that the employee was waiting to be engaged (which is not work time). For example, a secretary who reads a book while waiting for dictation or a fireman who plays checkers while waiting for an alarm is working during such periods of inactivity. These employees have been “engaged to wait.” On-Call Time: Constraints on the employee’s freedom could require this time to be compensated. Rest and Meal Periods: Rest periods of short duration, usually 20 minutes or less, are common in the industry (and promote the efficiency of the employee)

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Ten Things to Know About I-9 forms From Horseman Labor Solutions 1. Require the employee to complete Section One before employment commences. Do not delay in having the employee do this. 2. Require the employee to provide adequate identification documents as listed on the I-9 form within the first two days of employment. Check the document lists on the form to ensure that the type of documents provided satisfy the requirements. 3. As soon as the employee has provided the necessary identification documents, record the titles, numbers and expiration dates of those documents. 4. Inspect the documents provided to make sure that (a) they are not expired and (b) they are authentic. Do not, however, inspect them any closer than in a good faith visual inspection, as doing so could potentially make you liable for a claim of employment discrimination. 5. Once the employee has provided the necessary identification documents, immediately complete Section Two of the I-9 form. This must be done within three (3) days of commencement of employment. 6. Maintain I-9 forms in a separate file, apart from other personnel records. Keep the I-9 forms of current employees separate from those of former employees. 7. Do not throw out I-9 records unless you are certain they are no longer needed. To be safe, save all I-9 records for three years after an employee has left your organization. 8. Inspect your I-9 records yearly. 9. If ICE shows up to audit your records, you have a right to ask for a written Notice of Inspection and you have a right to produce the records within the next three days rather than on-the-spot. 10. If you are audited, you can request that you bring the records to the auditor’s office rather than having the auditor inspect them at your place of business. This can reduce the disruption to your business operations.

and are customarily paid for as working time. Bona fide meal periods (typically 30 minutes or more) generally need not be compensated as work time. The employee must be completely relieved from duty for the purpose of eating regular meals. Travel Time: The principles that apply in determining whether time spent in travel is compensable time depends upon the kind of travel involved. Home to Work Travel: An employee who travels from home before the regular workday and returns to his/her home at the end of the workday is engaged in ordinary home to work travel, which is not work time. Travel That is All in a Day’s Work: Time spent by an employee in travel as part of their principal activity, such as travel from job site to job site during the workday, is work time and must be counted as hours worked. Problems arise when employers fail to recognize and count certain hours worked as compensable hours. For example, an employee who remains at his/ her desk while eating lunch and regularly answers the telephone and refers callers is working. This time must be counted and paid as compensable hours worked because the employee has not been completely relieved from duty. The HBPA is You The HBPA, established in 1940, is an organization of owners and trainers numbering approximately 30,000 nationally in 23 states and Canada and more than 6,000 in Kentucky. The association is governed by a board of directors consisting of owners and trainers volunteering their time and elected by the membership every three years. The HBPA is committed to working for the betterment of racing on all levels. The HBPA represents owners and trainers on several fronts: • The HBPA is present in negotiating sessions with each racetrack regarding purse structure, equitable share of simulcast revenues, overall track safety, sanitation and security. • The HBPA provides benevolence to horsemen in need, education and recreation programs to the backstretch, various insurance packages that include—free of charge to members—fire and disaster insurance and claiming coverage. Visit one of the fully staffed HBPA offices at the currently running racetrack in Kentucky for details. • The HBPA works in conjunction with the chaplaincy program and the Kentucky Racing Health and Welfare Fund to provide support and benefits for horsemen. • The HBPA supports scientific research and marketing initiatives on a regional and national level to help promote interest in Thoroughbred racing. • The HBPA is at the forefront in litigation and legislation on issues involving horsemen’s rights in regard to interstate simulcasting, proprietary rights, casino gambling, therapeutic medication, sports betting and many other areas of concern to horsemen. How can I join? You are invited to drop into the HBPA office to meet the staff and learn more about current projects and how you can get involved in helping to improve the industry. There are no membership fees. Remember, this is your organization. Become an active participant and one of the horsemen helping horsemen. To join, all you need to do is fill out our membership card and fax, mail or email it back to us. For more information, please visit our website at www.kyhbpa.org and click on “How to Join.”

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louisiana HBPA Message from President Stanley Seelig Dear Louisiana HBPA Members, House Bill 100 filed in the 2013 Louisiana legislative session sought to create unnecessary oversight and place funds generated by the horse industry through slots, video poker and pari-mutuel wagering into a separate fund that, in the future, may have subjected these funds to disbursement to interests outside our industry. I would like to take this opportunity to make you aware that on April 29, HB 100 was not passed out of the Appropriations Committee. Great thanks go to the wisdom of our representatives, who recognized the importance and value of our industry to Louisiana. I am certain that our effort was successful because you and many of our friends and peers, both with American Quarter Horse and Thoroughbred interests, took the time and initiative to contact their representatives and have their voices heard. It was heard loud and clear. Thank you for your support on this very important issue.

Louisiana Purses 2012‐13 Thoroughbred Track Fair Grounds Delta Downs Evangeline Downs Louisiana Downs

Meet 11/22/12 to 3/31/13 10/19/12 to 3/23/13 4/18/12 to 9/8/12 5/4/12 to 9/23/12

Race Days 84 88 85 84

Total Purses $27,076,124 $22,042,535 $15,847,762 $13,440,950

Avg. Daily Purses $322,335 $250,483 $186,444 $160,011

American Quarter Horse Track Meet Delta Downs 4/27/12 to 7/14/12 Evangeline Downs 10/3/12 to 12/20/12 Louisiana Downs 1/12/13 to 3/27/13 Fair Grounds 11/22/12 to 3/31/13

Race Days 46 46 46 9

Total Purses $10,096,653 $6,450,302 $3,957,129 $1,559,662

Avg. Daily Purses $219,492 $140,224 $86,025 $173,296

Denis Blake

Other News The HBPA Medical Trust Pharmacy Program through Express Scripts ended on April 30. We are currently working on joining a new prescription plan that will better address the needs of our organization. As always, reimbursement for prescriptions is available for qualified members and trainer’s employees. Please submit your pharmacy printout to the New Orleans office for processing. Please be reminded that workers’ compensation renewal applications are due July 1. On April 22, please be aware that the Louisiana State Racing Commission formally adopted LAC 35:IX-Chapter 91,Section 9105, concerning weights and penalties for a disputed race, and LAC 35:I-Chapter 15, Section 1505, concerning Bute levels for listed and graded races. Please take time to enroll in our Louisiana Digital Network to keep updated on Louisiana HBPA news. You may visit our website at www.lahbpa.org to enroll.

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news 8000 Hwy 80 East, PO Box 5519, Bossier City, LA 71171 318-742-5555 * www.ladowns.com

2717 Delta Downs Dr., Vinton, LA 70668 * 337-589-7441 * www.deltadowns.com Sun Mon Tue Wed Thu

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Fair Grounds Race Course 2013-2014 Race Meets 1751 Gentilly Blvd. New Orleans, LA 70119 504-944-5515 * www.fairgroundsracecourse.com

2235 Creswell Lane Extension, Opelousas, LA 70570 Toll Free: 866-4-Racing * www.evangelinedowns.com

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Harrahâ&#x20AC;&#x2122;s Louisiana Downs 2013-2014 Race Meets

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Michigan HBPA The 2013 Thoroughbred/mixed breed meet is underway at Mount Pleasant Meadows in Michigan and, as anticipated by the MiHBPA, horse supply will continue to be an issue for Thoroughbreds this year. With Michigan now being completely surrounded by states/provinces that offer gaming-infused purses (Indiana, Ohio, Ontario, Illinois, etc.), many Michigan horsemen have been forced to leave the state. Although Michigan horsemen have always done well regardless of where they race, almost all of our trainers and owners would prefer to be at home in a stable, Thoroughbred-friendly environment. Although breeding is down in our state, Thoroughbred trainers and Thoroughbred racing-stock owners bred the vast majority of mares in 2012 and continue to do so in in 2013. Our MiHBPA director, leadership and board members have a strong commitment to find and secure a firm location to establish a Thoroughbred racing base for the future. The ADW bill drafted by the MiHBPA is being discussed with legislators throughout the state and is receiving overwhelming early support. We anticipate that the bill will be introduced this year, and even with our optimism of passage, we also realize that anything can happen once inside the Capitol steps. Our board is in discussions with ADW providers, and we have been asking appropriate questions from other state horsemen’s groups for feedback on how we can make our bill better. The feedback and support from our affiliate organizations has been outstanding. Information is always available at our website at www.mihbpa.com

Minnesota HBPA

Accumulating spring snow delayed the backside opening as early as we had hoped as freezing temperatures precluded water being turned on in most barns. National HBPA Summer Convention in Minnesota From July 11-14, we will welcome HBPA representatives from around the country to the National HBPA Summer Convention to be held here in Shakopee. Accommodations and meetings will be at the Mystic Lack Casino, owned and operated by our partners, the Mdewakanton Sioux Community, and conveniently located just three miles from the track. We encourage all to come and see the new and revitalized Canterbury Park. With new purses, a new toteboard and a new partnership, the whole horse industry in Minnesota is revitalized. Education Continues Groom Elite 201 (advanced certification course for GE101 grads) and Trainer Elite 301 (principles of training and rules of racing, preparing students to take the trainer’s licensing exam) will be available this summer. Sign up your help in the Minnesota HBPA office! Mark Your Calendars for These Events June 22 - Horsemen’s Brunch @ Longshots Restaurant, Canterbury Park July 11-14 - National HBPA Summer Convention @ Mystic Lake Casino, Shakopee July 22 - Annual Golf Tournament @ Dahlgreen Gold Course, Chaska

Mountaineer HBPA

LSE Architects

West Virginia Derby Mountaineer Casino Racetrack and Resort will host the 44th running of the Grade 2, $750,000 West Virginia Derby on August 3. The card will also feature eight other stakes races with purses totaling $1.6 million. Post time is 2 p.m.

Thanks to a new partnership with the Shakopee Mdewakanton Sioux Community (Mystic Lake Casino), Canterbury Park has a new toteboard this year. The 2013 meet at Canterbury Park will be the first full season of our 10year partnership with the Shakopee Mdewakanton Sioux Community (SMSC). This agreement, with the owners of Mystic Lake Casino, enhances purses by $5.3 million this year! A total of 2,500 applications for 1,550 stalls resulted in successfully filling the barn area with quality horses, trainers, owners and jockeys who are enthusiastic to race in Minnesota! This partnership has been great for the whole industry and for Minnesota commerce in general, spending money and building the economy throughout the state. Revitalizing our purses has also filled up the farms with mares to breed and foal here, which is boosting the whole industry and providing evidence that the agreement is already working “to encourage and sustain Minnesota’s horse breeding and horse training industries and related agri-businesses.” Early Opening Delayed With intentions of opening the backside early to accommodate Minnesota horsemen and others wanting to train earlier than the normal opening date, the Minnesota HBPA had intended to reimburse Canterbury for partial expenses for outrider, ambulance, security and other expenses incurred by opening early, but Minnesota weather put a stop to the early opening. 54

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Chaplaincy Programs The Mountaineer Park Chaplaincy began offering Spanish classes and English as a Second Language classes to those on the backside. The response for both classes has been encouraging with more than 30 students in attendance. Students are learning basic conversational skills, especially as it relates to their work at the racetrack. The Chaplaincy also kicked off the summer season with the first awards for Barn of the Month and Groom of the Month. The Barn of the Month honors went to trainer Ed Shilling and his staff. A special plaque will be presented and a $25 gift certificate for Donna’s Kitchen is awarded to the winning barn. The Groom of the Month award went to Nate Weston. Groom of the Month recipients will be recognized in the winner’s circle and receive a $25 gift certificate to Donna’s Kitchen. Mountaineer HBPA News The 2013 legislative session proved to be challenging. With bills introduced that would cut racing days and take money from our purse accounts, we faced a difficult battle. Working together with the Charles Town HBPA, we were able to defeat those bills. The Mountaineer HBPA is in the process of revising the organization’s bylaws. The proposed revisions are designed to ensure that the organization is run according to the laws that govern nonprofit organizations. A meeting will be held during the summer to discuss the revisions, and a ballot will then be sent out to all members. If members have any questions, please contact the Mountaineer HBPA office. In an effort to increase communication with our members, the Mountaineer

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Nebraska HBPA

The Clark Enersen Partners

New Lincoln Racecourse Under Construction

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HBPA office is trying to update our membership roster with email addresses. If you have an email address, please email egonzalez@mphbpa.com. There is now a Mountaineer HBPA Facebook page for members to “like” to receive updates and information. Congratulations to jockey T.D. Houghton for winning his 5,000th race on May 4!

tax-deductible donation can be made to contribute to the construction of the project. All donations can be made to the Joy to the World Foundation with Nebraska HBPA Foundation in the memo line. Contributions can be mailed to 6406 South 150th Street, Omaha, NE 68137. Individuals may also call (402) 731-5300 for more information. Race Dates Set for Columbus Racetrack Race dates have been requested and scheduled by the Columbus racetrack. The facility will be operated by Columbus Exposition and Racing and will start August 2. Sixteen days of live racing will be run and will conclude on September 2. Stalls may be used a month before live racing begins for a small charge. Please contact Brian Palmer for more information at (402) 564-0133. New England HBPA

New Lincoln Racecourse simulcast facility

Denis Blake

Construction is underway on the new simulcast facility in Lincoln, Nebraska. Built on the corner of Highway 77 and West Denton Road, the building is being completed in time for a fall grand opening. The Lincoln Racecourse facility is currently simulcasting at the former state fairgrounds and is scheduled to move to its new home in September. The building will be state-ofthe-art and will have the largest smoking area in Lincoln. In conjunction with the new facility, the Nebraska HBPA Foundation has been established to benefit the racetrack, barns and grandstand area. Any

As this is written on May 8, horses and horsemen are returning to Suffolk Downs and anticipating a good racing season. During the 2013 race meet, there will probably be a fair amount of political movement regarding the issuance of a casino license in Massachusetts. To minimize the confusion and maximize the understanding of the process, the following may help. Massachusetts passed into law an expanded gaming bill that allows for three casinos and one slot parlor. One casino, and only one casino, can be located in the area of the state where Suffolk Downs stands. Suffolk Downs is one of three applicants for that casino license. If Suffolk Downs is granted the license, then it must maintain live racing on an expanded scale. If Suffolk Downs is not granted the license, then the future of Thoroughbred racing and breeding is in question. The expanded gaming bill provided a five-person Massachusetts Gaming Control Committee (MGCC) be appointed by the state’s constitutional officeholders to guide the development and administration of all aspects of the bill (casino, slot parlor and racing).

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Ohio HBPA On May 1, the Ohio State Racing Commission (OSRC) approved the plans of Penn National Gaming to relocate Beulah Park to Austintown in the Youngstown area. This approval came after six separate OSRC meetings over a two-month period at which Penn National’s plans were not approved. Penn National’s original plans for the relocated facility called for only 56

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approximately 200 climate-controlled seats with direct views of the racetrack and a barn area with 500 stalls and no dorm rooms for stable area employees. Over the course of the various hearings, Penn National, at the insistence of the OSRC, eventually expanded those plans to include just more than 1,000 climate-controlled seats with direct views of the racetrack. The resolution passed by the OSRC did not directly address the backside infrastructure at the new track but preserved the commission’s right to address those issues as construction moved forward on the facility. Penn National’s last presentation to the commission included 10 76-stall barns as well as a receiving barn and also included dorm rooms for approximately 125. The Ohio HBPA is continuing to work with Penn National by identifying contractors who can build the barns at the new facility more economically than Penn National’s contractors. The OHBPA’s position has been and continues to be that the new facility should contain a minimum of 1,100 stalls. This position is based upon the fact that it is our belief that as part of a $150-million new racetrack, horsemen should not have to accept lesser facilities than what they currently have. Beulah Park has approximately 1,200 stalls; however, after construction is completed on the backside at River Downs, there will be approximately 1,100 stalls, which is near the same current number at Thistledown. Given that the OSRC is unlikely to require more stalls at one track than the others have, we have settled on 1,100 stalls at the new Austintown facility. The need for at least this many stalls has already been proven as applications for the current Thistledown meeting exceeded available stall space, creating a waiting list. The new Austintown facility will race during the winter months, and most horsemen at Thistledown will likely seek stall space at the track. There will also Denis Blake

The MGCC assigned one of its members, commissioner Gail Cameron, to serve as the Commission’s point person on racing. The Massachusetts State Racing Commission as we have known it in the past was eliminated, and a new administrative structure is being developed under the guidance of recently appointed Executive Director of Racing Dr. Jennifer Durenberger. Dr. Durenberger is a licensed veterinarian and lawyer and an experienced Thoroughbred racing veteran. There will be changes in the conditions under which we race. The MGCC is currently vetting the casino applicants (a total of 11) to ensure ethical and financial suitability. The MGCC will then begin examining the merit of each application by looking at jobs, economic impact and benefit, quality and attraction of structures, acceptance by the proposed host community, etc. The Commission expects to issue the casino licenses during fiscal year 2014, which runs from July 2013 through June 30, 2014. Under the terms of the expanded gaming bill, there was established a five-person Race Horse Development Fund (RHDF) committee consisting of three state government appointees plus a representative of the Thoroughbred owners/ trainers/breeders and a representative of the Standardbred owners/trainers/ breeders. The function of the RHDF committee is to establish the percentage money split between the two breeds. What they are splitting is the expanded gaming bill’s dedicated income of 9% of the gross income from the 1,250 slot machines that will be licensed in the state’s sole slot parlor as well as 2.5% of the state’s net income from the casinos. Whatever the amount given to the Thoroughbred industry by the RHDF, it is legislated to be allocated as follows: 80% to purses, 16% to breeder awards and 4% to trainer benefit. The goal of the NEHBPA is to help secure a casino license for Suffolk Downs and to maximize the income coming to Thoroughbreds from the RHDF. As we prepare this update, everything is still a work in progress, and nothing is etched in stone except that Suffolk Downs will race from June 1 through November 2 this year with purses guaranteed. We hope this update will help you follow developments and avoid unfounded rumors. Reports are that several Massachusetts-bred foals are on the ground and a large number expected yet as mares seem to be foaling a little late this year. Watch our website for events, like the charity golf tournament sponsored by the Massachusetts Thoroughbred Breeders Association and the NEHBPA and Thoroughbred horse shows highlighting our retired racehorses. A casino bill has been passed by the New Hampshire Senate and will be voted on by the House of Representatives, probably in June. While the bill does not include racing, it holds great promise as Millennium Gaming, which owns 20% of Rockingham Park and holds an option for the other 80%, is proposing to bring back live racing back to “The Rock” should Millennium be the successful bidder for the sole casino license authorized by the bill. Plans recently revealed at a public showing included barns and a racetrack. Hope springs eternal. We are sad to report the passing of several members of our racing family. We wish to remember Charles Adamopoulos, Corkey Cantlon-Bubol, Stephen Falat, Ralph Politano and most recently Edward Silva. Our best wishes and prayers are sent to their families and friends. They are missed.

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2013 River Downs Meeting Currently UnderWay at Beulah Park A massive construction project currently underway on both the front and backsides at River Downs necessitated the movement of the 2013 River Downs meeting to Beulah Park. Moving the River Downs meeting was not an easy process. Not only did Penn National, owner of Beulah Park, and Pinnacle Entertainment, owner of River Downs, have to reach contractual terms to move the meeting but also Ohio law did not allow for the move and had to be changed. Penn National also sought various concessions from the Ohio HBPA in exchange for allowing the meeting to be moved to Beulah Park. After months of negotiations and work, all of these items were eventually resolved, and the 65-day River Downs meeting at Beulah Park, which began on May 19, was approved by the OSRC in early May. The River Downs meet at Beulah Park features live racing on Mondays through Wednesdays and Sundays each week through September 23. Under the agreement between the parties, stabling and training will continue, free of charge to our horsemen, following the conclusion of the River Downs meeting through the beginning of the Beulah Park fall meeting on November 2. The River Downs construction project is expected to be completed this winter, and live racing, as well as video lottery terminal operations, is expected to begin at the revamped facility in the spring of 2014.

Oklahoma HBPA (Thoroughbred Racing Association of Oklahoma) New Building at Will Rogers Downs The Thoroughbred Racing Association of Oklahoma (TRAO) would like to announce the opening of a new facility on the backside of Will Rogers Downs. Here are the important details: • Building will be open before live racing begins and closed shortly after the last race • There are four TVs located at the east end of the building • This building will be used strictly for watching races • Any misuse or misconduct will be subject to reprimand • Remember, this is your building; please take care of it This facility will give all owners, trainers, grooms and other interested persons stabled on the south stable area a chance to watch races without having to leave their barns for a long period of time. They can watch a race they may be interested in and get back to the horses they may have in a future race in a matter of minutes without having to get to the grandstand (which is no easy thing to do on most occasions). We also hope to have a tote machine placed in the building very soon, along with a cold drink dispenser and perhaps a snack dispenser. The TRAO would like to thank Will Rogers Downs for its assistance in getting this accomplished.

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be demand for stall space in Austintown from River Downs horsemen, as well as some who have stabled at nearby Presque Isle Downs in Pennsylvania, neither of which will be racing during the time that the Austintown track will be running live. The OHBPA will continue to work with the OSRC, legislators and Penn National to ensure that the necessary stall and dorm space is built, as well as other backside infrastructure items, to ensure racing moves forward in Ohio at the new Austintown facility.

Fair Meadows 2013 Thoroughbred Meet Here are some things you need to know about the Fair Meadows meet: • Fair Authority will be building 24 new tack rooms this meet • New exit will be available onto 15th Street by the old Health Department building • New entrance will remain at gate seven with new track entrance crossing the old parking lot and intersecting the exit lane at the new location • Fair Meadows will run the 2013 dates awarded by OHRC starting June 8 and ending August 2 • Track will open 10 days prior to meet (May 27-28) • Gate entrance subject to OHRC approval • Fair Meadows race dates for 2013: June: 8,9,13,14,15,16,19,20,21,22,23,27,28,29,30 July: 3,4,5,6,7,11,12,13,14,18,19,20,21,25,26,27,28 August: 1,2 (Total race days: 34) • Tulsa Fair Authority Board voted to submit 2014 license application to the OHRC Interim Final H-2B Wage Rule Released, Processing of H-2B Visa Applications to Resume (from American Horse Council) On April 24, the Department of Homeland Security (DHS) and Department of Labor (DOL) issued an interim final H-2B wage rule that is effective as of that date. DHS had recently suspended processing most petitions for new H-2B workers because of a court decision issuing a permanent injunction against certain parts of the rule that was used to determine H-2B wage rates. This interim final rule will allow the DHS to resume processing H-2B applications. Unfortunately, this new rule is similar to a 2011 wage rule that has been blocked by Congress and opposed by many organizations, including the American Horse Council, because it will make the H-2B program significantly more costly to use. On March 21, a judge in Pennsylvania granted a permanent injunction against the 2008 H-2B wage rule that was used to issue “prevailing wage determinations” and gave the DOL 30 days to come into compliance with the court order. H-2B employers must receive a “prevailing wage determination” as part of the process to bring an H-2B worker into the county. This rule is in response to that court order. This new wage rule will change the way the prevailing wage is calculated. The rule requires the DOL to use the mean wage rate established by the Occupational Employment Statistics (OES) wage survey for an occupation in the area of intended employment. It eliminates a four-tier wage structure based on skill level that was previously used to determine the prevailing wage in most circumstances. This change will increase the wage rate employers will be required to pay H-2B workers. This rule will also apply to all current H-2B workers for work performed on or after the effective date of this rule. This means current H-2B employers may receive new prevailing wage determinations from the DOL that they will have to pay to their H-2B workers for hours worked after April 23, 2013. Important Dates 2013 Thoroughbred Race Meets & Sales June 8 - Fair Meadows Meet Starts August 16 - Remington Park Meet Starts August 19 - Carter Sales Co. Oklahoma City Summer Sale (Yearlings & 2YO/ Racing Age) August 26 - Fasig-Tipton Texas Summer Yearling Sale www.nationalhbpa.com

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2013 TRAO Board Meetings August 13 - Remington Park October 10 - Remington Park December 5 - Remington Park 2013 OHRC Scheduled Meetings June 20 August 2 October 17 November 21

HBPA of Ontario As we embark on a new period in the history of horse racing and breeding in the province of Ontario, let me begin by thanking you, the horsemen and women, for persevering through this past year and for returning to Ontario for a new Thoroughbred race season. We recognize what a struggle it has been for the majority of owners, trainers and breeders to remain committed and passionate about this industry in view of the cancellation of the Slots at Racetracks (SAR) program and the slow progress made since the announcement in early 2012. Fort Erie Race Track After many months of uncertainty surrounding the opening of Fort Erie Race Track in 2013, we announced on March 26 that the historic track would indeed open this year. This deal would not have been possible without the cooperation of the board of directors of the HBPA of Ontario, the Fort Erie Live Racing Consortium, the Ontario government and the Ontario Ministry of Food and Rural Affairs’ (OMAFRA) Horse Racing Industry Transition Panel. The racing season commenced May 26 for a 50-race day meet concluding on September 24. The Prince of Wales Stakes, the second jewel in Canada’s Triple Crown, will be moved from its customary Sunday afternoon to Tuesday, July 30, during the track’s popular twilight card. While the HBPA of Ontario does recognize a one-year deal does not give horse people the assurance needed to continue to invest and participate, we are counting on your continued support of Fort Erie over this next year as we need to maximize field size in order to increase the pari-mutuel handle. It is important to keep in mind that even though the season has not yet begun in Fort Erie as this is written, we are working on plans for the 2014 season while focusing on recommendations from the OMAFRA panel that horse racing needs to focus on the consumer as we move forward without the SAR program. Stakes at Woodbine in 2013 (planned through July 7) Thirty-seven added-money events, with purses ranging from $125,000 to $1 million, are planned through July 7 at Woodbine. The Queen’s Plate will offer a guaranteed purse of $1 million and is set for Sunday, July 7. For a complete list of stakes, please visit www.woodbineentertainment.com. Horse Welfare Policy at Woodbine The Woodbine Entertainment Group (WEG) adopted a Horse Welfare Policy this year that is endorsed and fully supported by the HBPA of Ontario Board of Directors. The HBPA of Ontario has been working with WEG to adopt this policy for quite some time and believes this was a necessary step to protect racehorses from unnecessary suffering while sending a positive message to the 58

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media, public, our customers and the government. The HBPA of Ontario proudly continues to partner with and support LongRun Thoroughbred Retirement Society and its mission to educate the horse racing community and to provide owners and trainers with alternatives for their racehorses when they have reached the end of their racing careers. Safety Vests and Helmets – New Standards We would like to remind exercise people that effective January 1 of this year, all safety vests and helmets worn while mounted must meet the new standards as ruled by the ORC (ORC TB Rule 14.02.02). Significant Political Developments On March 8, Premier Kathleen Wynne, speaking in her role as Minister of OMAFRA, announced that the horse racing and breeding industry would be integrated into the provincial gaming strategy to ensure a future revenue stream. This was a major policy change which was the result of significant conversations with the Ontario Horse Racing Industry Association (OHRIA). During the coming months, the HBPA of Ontario, through OHRIA, will continue to press the Ontario government for details on the integration of horse racing into the gaming strategy so that racetracks across Ontario can begin to benefit from a future revenue stream. Trainer and Assistant Trainer Testing Information for 2013 Applications are due three weeks prior to the test dates listed below. All applications must be complete and include all backup documentation required by 3 p.m. on the due date. Test Dates at Woodbine Racetrack Application due: May 1 Test date: May 22 Application due: July 3 Test date: July 24 Application due: September 4 Test date: September 25 Testing Fees Trainer test: Initial Fee $200 / Re-test $25 Assistant Trainer test: Initial Fee $100 / Re-test $25 For further information and to download applications, please visit www.hbpa.on.ca.

Oregon HBPA Hello, everyone! Well, I got my wish for sunshine; we are having some very beautiful days here in the Pacific Northwest. Our new executive director, Randy Evers, has settled in very nicely, and we are keeping him very busy. We are now in negotiations with Portland Meadows for the new contract; we hope to have news to the horsemen real soon. I like to have positive thoughts about this as everyone who has called can tell you. The Oregon Thoroughbred Owners and Breeders Association (OTOBA) had their yearly banquet on April 27. It was held at Spirit Mountain Casino, where there were lots of giveaways, auction items and good food. The winners were: 2yo Colt: Captainnotsosober, Owner: Bret & Julie Christopherson, Breeder: Bar C Ranch 2yo Filly: Calypsonoted, Owner: Eric Jensen, Breeder: Eric Jensen

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Pennsylvania HBPA Budget Battle The annual budget battle to protect the Pennsylvania Race Horse Development Fund (PRHDF) has begun. Governor Corbett has included a $31-million removal from the PRHDF to fund an assortment of agricultural programs. Under an agreement struck in the table games legislation, $44 million is scheduled to revert back to the fund as of July 1. The PA HBPA is working diligently with our fellow horsemen throughout the state to defeat the governor’s proposal. We have developed strong allies in both the House and Senate and are hopeful we will be able to prevail in the budget negotiations of 2013 as we did last year when the governor made an attempt to take $72 million but was unsuccessful.

Tampa Bay Downs HBPA The TBDHBPA had the honor of hosting the National HBPA Winter Convention in February, which was held at the Sheraton Sand Key Resort in Clearwater Beach, Florida. As always, our thanks go out to the National HBPA for bringing together an informative group of guest speakers who brought valuable insight to many issues facing horsemen today. A big “thank you” to Julio Rubio and attorney William Velie of Horseman Labor Solutions for agreeing to meet with HBPA members and their employees on the backside of Tampa Bay Downs on March 25-26 to address and answer concerns about the ever-changing immigration laws. Other highlights of the spring 2013 meet included the annual owner/trainer appreciation dinner held at the Countryside Country Club on March 21. More than 100 owners, trainers and their guests attended and were treated to an evening of fine dining, dancing and great entertainment. The always-popular horsemen’s barbecue was held the following Thursday on the backside with Sonny’s Real Pit Barbecue serving up more than 500 plates of delicious food. Florida Cup Day on Saturday, April 6, showcased Florida-breds with more than $450,000 in purses. Groom awards of $100, sponsored by Tampa Bay Downs and the TBDHBPA, were awarded to the following: Enrique Lopez – Miguel Feliciano, Trainer Martin Marquez – Robert Boileau, Trainer Jorge Villanueva – Larry Allen, Trainer Alberto Pena – Dennis Ward, Trainer Taylor Rice – Adam Rice, Trainer Ofilio Vazquez – Chad C. Brown, Trainer Paul Cudworth – Kathy P. Mongeon, Trainer Lisa M. See – Anthony Pecoraro, Trainer Juan Alvarez – Chad C. Brown, Trainer Pablo Hernandez – Todd Pletcher, Trainer Penny Hulm – Edward Williams, Trainer Juan Martinez – Roy Lerman, Trainer Congratulations to all. The TBDHBPA was proud to sponsor Mission Smiles, a nonprofit mobile dental clinic, for a visit to the backside of Tampa Bay Downs on April 13. Twenty-eight backside employees took advantage of the free dental services offered. Many thanks to Catholic Charities for arranging their services. Best wishes for a healthy and safe summer, and we’ll see you back at Tampa Bay Downs in the fall. Denis Blake

Presque Isle Downs Ready for 2013 Racing Season Spring appears rapidly on the shores of Lake Erie. The melting snow gives way to a resplendent sun that warms the air and earth. New life colors the wintry shades of brown and gray. It is a time of regeneration for horsemen. The Derby kickstarts the summer racing season in the Northeast. Opening day for Presque Isle Downs was May 12, and the backside bustled with the arrival of vans full of horses. Old friends greet and new ones meet, and the promise of better days to come is in the air. Close on the heels of a successful 2012, which experienced a surge of 12% in handle, Presque Isle Downs continues to attract good horses. The Tapeta surface, considered one of the safest in North America, coupled with lucrative purses has attracted some of the premier horses, horsemen and jockeys in North America to the area. There will be a new addition to the backside this year. The Race Track Chaplaincy of America has sent Pete Crisswell to serve at PID. Pete has been involved in racing since the early 1960s. The former jockey, exercise boy and assistant trainer began his chaplaincy at Delta Downs in 1983, and he served there until 1988. His last stint was at Charles Town, but he has served in multiple places, including Remington Park, Evangeline Downs, Santa Anita Park, Hollywood Park and Del Mar to name a few. Welcome, Pete!

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3yo Colt: Lil Red Rockstar, Owner: Brittany Moore/S. Crispin, Breeder: Bar C Ranch 3yo Filly: Stopin Memo, Owner: Eric Jensen, Breeder: Eric Jensen Older Gelding: Midda’s Gold Touch, Owner: Hurliman Enterprises, Breeder: Bar C Ranch Older Mare: Mountain Echo, Owner: D. Ford/J. Schlehr, Breeder: M. Caldwell/Bollman Fair Colt: He’s A Goblin, Owner: Jaqueline Smith, Breeder: J. Fergason/ G. Johnson Fair Mare: Tiff Tivy Tiff, Owner: Al Peterson, Breeder: Bar C Ranch Horse of the Year: Calypsonoted, Trainer of the Year: Ben Root/Assistant, Trainer Cookie Root Breeder of the Year: Jack and Cookie Root TOBA Winner: Jack and Cookie Root Broodmare of the Year: Flying Memo Sire of the Year: Harbor the Gold Thank you to Lynnelle Smith and Kelly O’Neill at the OTOBA for all their hard work putting this together! We hope everyone has a successful summer and a great time at the races!

www.nationalhbpa.com

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Virginia HBPA Let’s Go Racing On June 8, Colonial Downs began its 25-day summer race meet that runs through July 13. Racing is five days a week, with a 6 p.m. post on Wednesday through Saturday. Sunday has a 12:55 p.m. post. Mondays and Tuesdays are dark. Nearly 90% of all races are carded for the turf. The popular 100% owners’ bonus for Virginia-breds returns this year. All Virginia-breds registered with the Virginia Thoroughbred Association finishing first through fifth in open non-stakes competition receive a 100% bonus as part of the purse, subject to an individual race cap of $10,000 per horse. In addition, there is a 50% owners’ bonus for registered Virginia-breds in open non-graded stakes races. The Virginia HBPA is also sponsoring a trainer bonus program to encourage racing on Colonial’s main track. In races originally scheduled on the dirt with claiming prices of $10,000 or less, trainer bonuses, based on the results of each eligible race, will be awarded as follows: $200 (win), $100 (second), $75 (third) and $50 (fourth-last). Trainer’s Test Preparatory Course The VHBPA is conducting a free three-day preparation course on June 24-26 for anyone interested in taking the Virginia Racing Commission test to obtain a trainer’s license. It will be held in the VHBPA building at Colonial Downs. Dr. Reid McLellan, head of the Groom Elite program, is the instructor. Benevolent Services During the meet, the VHBPA is providing its usual services and benefits on the backstretch. The VHBPA office building is open from 6 a.m. to 10 p.m., seven days a week. It has a large-screen TV with simulcasting, a DVD player and card tables. Computers, printers, scanners and fax machines may be used by horsemen. For those with personal laptops, the building is a Wi-Fi hotspot for Internet access. After normal office hours, Internet access is available on the outside terrace. The VHBPA office staff is available on the backside for horsemen needing assistance of any sort, including with track security and the stewards. The VHBPA also has a 12-passenger van for transportation from the dormitories to shopping and recreation areas. Soccer, volleyball, basketball, baseball and horseshoe equipment are on site. Free meal tickets redeemable in the track kitchen are given out in the VHBPA office to daily shippers and backstretch residents. On race days, all grooms are eligible for our $20 “best turned out” award given in the paddock before each race. Urgent medical care for horsemen and backstretch workers is provided at MedExpress in Williamsburg, Virginia. Office hours are from 9 a.m. to 9 p.m. Appointments are not necessary. Dental care by Dr. Randall S. Rosemond is located just south of the racetrack entrance in Providence Forge, Virginia. For trainers stabled on the grounds, the VHBPA pays half the $550 cost of large mobile storage containers that can be used for tack and feed. Virginia Racing Commission Considers Proposed Uniform Medication Rules The Virginia Racing Commission (VRC) is considering a proposed uniform medication program that resulted from meetings earlier this year of regulators from eight Mid-Atlantic states. The proposed Mid-Atlantic program divides medications into two categories, controlled therapeutic substances and prohibited substances. The former category limits trainers and veterinarians 60

HJ summer

to using 24 therapeutic medications. All other therapeutic medications are considered prohibited substances. The VHBPA advised the VRC that it strongly favored uniform rules, both in the Mid-Atlantic and nationally, but opposed the proposed rules in their current form because they appear to be arbitrary and not in the interest of equine welfare. Specifically, 25 common therapeutic medications, like the ulcer drug ranitidine, long used in Virginia for their efficacy in treating horses, are prohibited substances under the proposed Mid-Atlantic program. Putting to one side the plan to ban half of Virginia’s commonly used therapeutic medications, another part of the Mid-Atlantic proposal is also troubling. It changes medication withdrawal guidelines, meant to assist trainers and veterinarians in treating horses in the days before a race, into punitive restrictive timeframes. Under this Mid-Atlantic proposal, a trainer is penalized if therapeutic medication is administered within a restricted prerace time frame even if a post-race test finds the horse free of impermissible medication. All stakeholders and regulators agree that on race day horses should not be under the effects of pre-race therapeutic substances, except for anti-bleeding medication. To achieve that result, post-race threshold levels and suggested pre-race withdrawal guidelines are set on science-based information. Because concentrations at or below established thresholds have no pharmacological effect on a horse and therefore do not affect performance, under current rules penalties are not imposed for post-race test samples at or below threshold levels, regardless of when the medication was administered. This new Mid-Atlantic “get tough” proposal loses sight of what is important for racing’s integrity in the medication context—post-race testing to ensure no horse’s performance is affected by pre-race medication. No action by the VRC on the Mid-Atlantic program is expected before the end of this year.

Washington HBPA Dos de Mayo Benefits Jockey Gallyn Mitchell The holiday of Cinco de Mayo honors the defeat of the French army by the Mexican militia at The Battle Of Puebla in 1862. The victory, by the outnumbered and less-equipped underdogs, demonstrated to the entire world that the people of Mexico were willing to defend themselves from foreign invasion. The Batalla de Pueba is a battle that has become a symbol of Mexican unity and patriotism. This year’s party at Emerald Downs marks the ninth year our racing

news

Prodigious Fund Preparing for Thoroughbred Showcase, 100-Day Trainer Challenge and Horse Show Prodigious Fund, an organization run through the cooperative efforts of the Emerald Downs management, the WHBPA and WTBOA staff and others from the neighboring horse and racing community, is dedicated to recognizing and supporting positive efforts made within the Thoroughbred aftercare community for the re-homing, promotion and care of retired racehorses. For 2013, the board of directors is making an effort to bring new attention to the organization and raise funds to better achieve their re-homing goals and objectives. Along with the casino night, held earlier this spring, Prodigious Fund is planning a Thoroughbred Showcase, 100-Day Trainer Challenge and an All Thoroughbred Horse Show. The Showcase, to be held on August 31, will highlight Thoroughbreds being offered for adoption or sale. Prospective buyers will be able to meet and examine the horses and speak one-on-one with the owners and trainers regarding the horse’s history, temperament, personality and suitability for the selected discipline. The Saturday event will be held in the morning in the Emerald Downs barn area and will end prior to the start of afternoon racing. The goal of the 100-Day Trainer Challenge is to showcase five off-the-track Thoroughbreds (OTTBs) as they prepare for second careers. In the process of following their journey through the 100 days, Prodigious Fund hopes to educate the public on the athleticism and intelligence of the Thoroughbred and their suitability as a sport horse and useful riding horse. The end goal is placement of the five horses into permanent homes through a private sale. In its first year, the goal is to showcase OTTBs from a variety of backgrounds, such as straight off the track, turned out for a year, broodmare, etc. All horses will be evaluated by the Prodigious Fund for soundness and athleticism prior to being placed in the program. The selected trainers will draw straws from a pool of five horses. One horse will be kept as a back-up in case of illness or injury. June 1 was the deadline for accepting applications for the 100-Day Trainer Challenge, and applicants include professionals, amateur adults and juniors in a variety of disciplines. The Prodigious Fund selection committee is considering the need for diversity of discipline, diversity of trainer background, experience and reputation of applicants, connections of applicants to respected organizations and institutions and skill level of applicants for choosing

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community has commemorated Cinco de Mayo. The annual WHBPA Cinco de Mayo dinner dance was established to honor and share the culture of a population that contributes so much to the Washington Thoroughbred industry. The event is a fundraiser, and this year’s proceeds were to benefit the Backstretch Clubhouse’s new washing machine fund and jockey Gallyn Mitchell, who suffered a heart attack at the end of April. Shortly before the event, the Backstretch Clubhouse received an anonymous donation to cover the cost of a new washer. In spite of very light attendance, cheers erupted when the anonymous donation was reported and the news that the entire profits would be gifted to the Mitchell family was announced. Emerald Downs is to be commended for its continued support and sponsorship of the dinner. Special thanks go to Bob Frasier and the Emerald Downs kitchen and waitstaff, who always seem to go beyond the call of duty when helping with an WHBPA event. Without volunteers, the event would not be possible. The Washington HBPA staff would like to acknowledge Mackenzie Noble, Gerry Day and Celeste Brady for their contribution to a successful and fun night.

participants and will not share or publicize its deliberations. Five trainers will be selected to re-train an off-the-track Thoroughbred in 100 days. The competing trainers will compete for the top Thoroughbred title at the All Thoroughbred Horse Show on October 5. The winner will be decided by a combination of public voting on social media and the judges’ score. The show will feature a variety of classes in various disciplines and is open to anyone who owns or shows a registered Thoroughbred. For the 100-Day Challenge, the judges’ scores will be based on a combination of three classes: In-Hand – demonstrates the horse’s tractability and maneuverability on the ground, Flat Class – horse will be shown at walk, trot and canter (English or Western riding), and Freestyle Class – this is the trainer’s chance to showcase what the horse has learned in 100 days and their suitability for their chosen discipline. As part of the competition, trainers will be required to keep Prodigious Fund and the public apprised of their progress through blog posts, updates on Facebook (or a website), videos and photos of their progress throughout the 100-day training period. For more information, check out www.facebook.com/prodigiousfund or email sophiam@emeralddowns.com. Casino Night and $1 Per Start Raises Fund for Prodigious Fund To kick off the live Emerald Downs meet, Prodigious Fund held a casino night on April 13. Thanks to the generosity of those who sponsored a table or donated silent auction items, the evening generated more than $6,000 to aid in the promotion and re-homing of OTTBs. “Twenty One for Fun” did an amazing job at providing the entertainment as attendees had a great time gambling with “fun money” that earned them chances to win a plethora of prizes, including Apple’s latest version of the iPad and an Amazon Kindle tablet. Special recognition goes to the all the contributors, the Prodigious Fund Board of Directors and the numerous volunteers who helped with the event. In addition to participating in various fundraising activities, owners in 2013 will have the opportunity to donate $1 per start to aid the Prodigious Fund. Although an automatic deduction will occur from accounts, owners may opt out or increase their per start donation by contacting the horsemen’s bookkeeper at Emerald Downs. All per start donations will be matched by Emerald Downs at the end of the racing season.

www.nationalhbpa.com

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        

$329.95

Buy 6 Get 1 FREE

New

Ball Solution Jack’s Excellent counter irritant is used for the relief of muscle soreness, curbs, splints, ringbone, cracked heel, bowed tendons and big knees due to extreme overexertion. #692D 16oz

Check out current specials at www.bigdweb.com/HBPA.asp

6+ 12+

$17.95 $16.95ea $15.95ea Source Code: MATB

“Evangeline Training Center is the best surface I have ever trained on period!”

KENNY CHAMPAGNE PHOTOS

—W. Bret Calhoun, trainer

Evangeline Training Center ad not approved “This training surface is second to none in the country! I have ridden all over this country and abroad and the Evangeline Training Center has the only surface that can absorb torrential rains and still be fast the next day, it’s amazing! You never have to miss that all important work or a day of training no matter the time of year. The EVT staff is always there to meet your needs and address any concerns in order to make your training experience “the best” on a daily basis. EVT IS the place to be!” —Randy Romero, Hall of Fame Jockey, Owner

“Centrally located with convenient interstate access to Louisiana and Texas racing, Evangeline Training Center is a first class facility operated with the same regulated standards as a recognized track. Our goal is to accommodate your needs on a personal level and to provide a safe and productive training environment” —Kenneth Lavergne, Nationally Known Outrider

“The track surface here is key for proper physical development and the laid back environment is ideal for development of the horse’s mind.” —Steve Asmussen, trainer of 2009 Horse of the Year Rachel Alexandra, 2007, 2008 Horse of the Year Curlin

“It’s the best surface I’ve trained on. You can run a horse anywhere in the country and you have an advantage having trained over this surface” —Ron Faucheux, Trainer

All the comforts of home in our new Famous & improved state-of-the-art training facility Come Train in Cajun Country for Food, Culture and Hospitality Over $4-million in renovations to track and barns including: Hyperbaric Chamber Available $150

• 24 hour security

• Overnight accommodations for horses

• Upgraded year-round track surface

• Full Service HBPA office on grounds

• Equine swimming pool

• Official clocker and gate work available weekly

• Eurociser

Cold Salt Water Aqua Spa Therapy Available $20 per visit

Convenient access to Evangeline Downs, Louisiana Downs, Fair Grounds, Delta Downs, Oaklawn Park, Sam Houston Race Park and Lone Star Park