MINUTES
Utah Horse Racing Commission Meeting
November 29, 2016
Attendees:
Grant Larsen – Chairman – via conference call Scott Ericson - UDAF
Tyler Hunter – Member – via conference call Kathleen Mathews - UDAF
Lane Henderson – Member Melissa Ure - UDAF
Dave Swett – Member Lewis Ekstrom – UDAF
Senator David Hinkins Korry Trapp - UQHRA
Kevin Birrell – UQHRA – via conference call
Scott Ericson welcomed everyone and turned the meeting over to Chairman Grant Larsen.
Approval of Minutes
A motion to approve the minutes from the September, 2016 meeting was made by Dave Swett. Motion was seconded by Tyler Hunter and passed unanimously.
Rule Changes – Melissa Ure
Melissa Ure reviewed the following rule changes:
Third Party Administration
Other states do not allow just anyone to administer Lasix, they require a licensed veterinarian to sign, administer, and document the administration of the drug. A compromise was reached that the Commission would adopt parts of the Montana rule. The language agreed upon would allow the administration by an approved party under the authority of a licensed veterinarian. The veterinarian will continue to have to sign off on the date and time of administration of the drug as well as the amount that was administered. The trainer is then responsible for getting the slip over to the testing barn within 10 minutes of the administration of the drug.
David Swett commented that one of the problems is the vets don’t show up, which makes every trainer in violation of the rule. The practices has been that when you go to the Laurel Brow Track, there will be a stack of signed Lasix slips, you take what you need and then turn the slips into the office. Also, when a vet does show up he will leave after a couple of hours without any warning.
Melissa commented that the labeling requires the drug to be administered by a licensed veterinarian. This means that anyone other than a veterinarian would be in violation of the labeling.
Senator Hinkins commented that most of the time the veterinarians are not the ones that administer the drug, they have someone else administer the drug.
Scott asked if the vet in the test barn could sign the forms and have the drug administered under his supervision.
Melissa commented that she could add the language from Montana’s rule if that is the way it is currently being done. The rule will state that the administration of the drug will be under the authorization of the vet with the slip being signed and dated at the time of administration.
A motion adopting the Bute and Lasix administration based upon Montana’s language was made by Lane Henderson and seconded by Dave Swett. Motion was passed unanimously.
Racing Official Conflict – Melissa Ure
There are those officials, who do a good job in their position that also have horses they would like to race in these events, but current rule would not allow them to participate in the events as a racing official if they run their horse. It was decided that the rule will be changed to allow for these individuals to continue officiating at the meets, but will not be allowed to officiate over the heats in which their horses participate. Further exceptions were made for those officials who serve in positions that have no bearing on the outcome of the race. Additionally, some positions are no longer being used and we have removed them for clarity purposes.
Scott Ericson commented that there are not enough individuals in the state that would have an interest to help facilitate a horse racing meet that don’t have an interest in a horse. The current racing officials in the rule are stewards, associate judges, placing judges, paddock judge, patrol judges, starter, identifier, tattooer and racing secretary.
Senator Hinkins mentioned that the rules needed updating to reflect common practices.
It was recommended to exempt the identifier, tattooer, racing secretary, and paddock judge from the conflict of interest.
A motion was made to change the conflict of interest, excluding the identifier, tattooer, racing secretary and paddock judge from the list of racing officials that would be a conflict of interest by Lane Henderson, motion seconded by Tyler Hunter. Motion passed unanimously
Owner’s Licensing and the Licensing of LLC’s – Melissa Ure
We will license whosever name is on the papers of the horse. As LLC’s are legally defined as a person the LLC is the owner of the horse and the only entity that needs to be licensed. We have created a definition of owner. It was already in the rule, but we have made its own definition instead of having it combined with another.
The question was asked “how do we charge for owners?” Do we charge differently for LLC’s than joint ownership? Legal precedence does not allow us to charge differently for LLC’s than people, they are considered the same.
Scott commented that if someone comes to buy a license for joint ownership of a horse, do we charge for one license or two?
Lewis commented that last year joint ownership (husband and wife) where charge if it said “and”. Anytime there is more than one name, they should all pay.
A motion was made to change the licensing fee for joint ownership and to charge for both owners if the language says “and” on the paperwork by Dave Swett and seconded by Lane Henderson. Motion passed unanimously.
Testing Period – Melissa Ure
As was requested, we have removed the language about a 30 minute cooling off period before the taking of a sample and have left it to the digression of the veterinarian on when the samples are taken.
The 30 minute cool down after the race. - The proposal is to remove the 30 minute cooling period; it would now read, “testing samples could be taken at any point after.” This would be for any test.
A motion was made by Tyler Hunter to remove the 30 minute cooling period and seconded by Dave Swett. Motion passed unanimously.
Stable Names – Lewis asked if stable names would be treated the same as LLC’s or other groups? Who is charged as owners? Lewis commented that at the draw there would need to be a list of who the owners are in order to collect the revenue.
Kevin Birrell commented that if the cost was more for Stable names, individuals could lease the horse back to themselves or stop coming to the races.
Scott asked if the Commission wants to treat stable names like an LLC or charge more for stable names.
Lane Henderson commented that he didn’t feel individuals would oppose paying more for a stable name.
Dave Swett opposed paying more for a stable when it is for only one person. The advantage of using a stable name is for advertising.
Lewis Ekstrom commented that the question about stable names was about gathering revenue for horse racing.
It was decided to leave the issue regarding stable names as it currently is.
Other Changes – Melissa
Any other changes made to the rule are non-substantive changes. They include the addition of commas and the renumbering of some sections.
Scott commented that we will make the changes approved by the Commission and they will be submitted early next week. They will go through a process that the public may comment on them. It takes 30-60 days before they go into effect and in enough time for the 2017 racing season.
Budget
In the 2016 racing season, there was an increase in revenue of $8,000.00. The total of $18,500.00 was collected.
The horse racing budget comes from a restricted fund. The money that isn’t spent goes back into the fund. Over the last few years, the restricted fund has continued to decrease. At the end of last year, even though $18,000.00 was added to the fund, currently there is less than $9,000.00 in the fund. Expenditures for the 2016 races were $23,000. The contracts are: Dixie Downs, $8,000.00 yearly and Quarter Horse Racing Association, $11,400.00. Last year, Senator Hinkins was able to help appropriate $9,800.00 on-going general fund. It costs the Quarter Horse Association $10,000 per race. St. George will not run races this year. There are three options to the horse racing budget:
One time money that could be depleted overtime.
On-going money from the legislature.
Reduce the money going to the organizations.
Lane Henderson commented that they tried to resurrect the St. George Races, but the dates for the track had already been given away. Next year the Quarter Horse plans on running in St. George. The Quarter Horse Association will run the St. George races in conjunction with the St. George Lions Club.
Scott commented that the average revenue over the last four years was $13,000 plus the $10,000 from the legislature. With St. George races not going on, the $8,000.00 should help the budget.
Lane Henderson asked how much the Utah Quarter Horse Association could count on. Scott mentioned that we have a signed contract for $11,400.00.
Scott asked if it was better for the Commission to keep the $8,000.00 from the Dixie Downs Races in the fund so we don’t deplete the fund to zero or would it be better to give it to the Quarter Horse Racing Association, understanding that they are planning on 6 race days, costing $10,000.00 a day.
Lane Henderson asked if the Utah Quarter Horse could take $4,000.00 of the $8,000.00 to use and leave $4,000.00.
Lane Henderson made a motion to take $4,000.00 out of the $8,000.00 that Dixie Downs receives and leave the remaining $4,000.00 in the budget. Motion was seconded by Dave Swett. Motion passed unanimously.
Approval of Race Dates
The Quarter Horse Association submitted new racing dates removing the dates to race in St. George. The race dates are:
Weber Downs
April 22, 2017
April 23, 2017
May 6, 2017
Laurel Brown
May 27, 2017
May 28, 2017
June 17, 2017
A motion to approve the six race dates was made by Tyler Hunter and seconded by Lane Henderson. Motion passed unanimously.
It was discussed and decided to discontinue the Schooling Races taking place after the races.
Next Commission meeting will be held Friday, April 21, 2017 in the evening in Ogden.
Lane Henderson invited everyone to the races the following day.
Scott commented that last year a letter was sent out to everyone involved in horse racing. It was mentioned that another letter be sent out explaining what the Horse Racing Commission will be focusing on. It would be a PR effort getting people to think about horse racing and help drum up business for horse racing. Is that something the Commission would like to do?
Dave Swett commented that he felt it is was a good idea and shows cooperation.
Lane Henderson commented that in the letter he would like everything positive, the growth that is being experienced, the number of horses and the success that has been had.
Dave Swett also commented that if there is anything that owners need to know that it should be put in the letter, example Lasix changes, hair testing, and testing in general.
Lane Henderson commented that the Utah Quarter Horse wants to incorporate out of competition hair testing. The Utah Quarter Horse Association will add it to their entry form.
It was decided that the Utah Quarter Horse would implement the “out of competition testing” for 2017 through their organization. It would then give the Commissioner time to research “out of competition testing and add it to the horse racing rules.
A motion to adjourn was so moved by Lane Henderson.