Thursday, May 8, 2008

An Open Letter to the Racing Industry

Horse lovers and racing fans alike felt their hearts sink at the sight of Eight Belles breaking down shortly after her heroic run in last Saturday’s Kentucky Derby.

The Board of Directors, Officers, Staff and 35,000 horsemen and horsewomen of the National HBPA all felt the very same heartache and our thoughts and support go out to the connections of Eight Belles – owner Rick Porter and trainer Larry Jones – as well.

The trauma of last Saturday remains fresh on the minds of those of us in the racing industry as well as fans, writers, broadcasters and just about anyone who watched the Derby. And, it will most certainly remain fresh on the mind Eight Belles’ trainer Larry Jones.

For over 60 years, the National HBPA has been committed to its motto of “Horsemen Helping Horsemen” and, in the case of Larry Jones, this applies more than ever.

We have sensed a rush to judgment on how Eight Belles was prepared for the Derby. Theories abound and for a little more than a mile and quarter, Larry Jones had done his work to perfection.

Yet now the sense is that Larry Jones, regardless of what facts may surface, is found guilty in the court of public perception. Unfortunately, we live and work in the age of the sound bite, where careers and reputations can be shredded in an instant. Remember the Jose Santos - Funny Cide - battery debacle of 2003?

Like horses, each person is different. Larry Jones couldn’t be more different than Michael Matz, yet both are veteran horsemen with a long track record of success… and both have faced tragic and very public losses of star horses they’d spent countless hours training and pampering. And both may be viewed differently as they face the television cameras and microphones.

Over the coming days, weeks and months, our industry will be scrutinized from within as well as from without. As we navigate this difficult time for racing, let’s avoid any unnecessary collateral damage and give Larry Jones – and all horsemen and horsewomen facing similar circumstances - the benefit of the doubt until all facts come to light.



Joe Santanna
President and Chairman
National HBPA

After winning the Kentucky Oaks (gr. I) May 2, Airdrie Stud owner Brereton Jones talked of the relationship his family has developed with trainer Larry Jones and his wife, Cindy.

“The Jones stable is a small family operation, just like Airdrie,” he said.

In the twilight of the following day, Larry Jones also spoke of family after Rick Porter’s Eight Belles, whom he had saddled to finish second in the Kentucky Derby Presented by Yum! Brands (gr. I), had broken down and had to be euthanized.

“These horses are our family,” the trainer said.

And losing a family member is never easy.

Larry Jones wanted to grieve in private. But he understands the role the media plays. Despite wanting to be alone with his wife, family members, and the filly’s groom, Corey York, Jones agreed to speak to reporters in the press box nearly two hours after the tragic event had played out.

Many trainers, understandably, would have declined the offer to address the assembled reporters, but Jones said the filly had gained a number of admirers and wanted them properly informed. “You want to go off by yourself but you owe it to the sport; the public wants to know,” he said.

Jones tried to fight back the tears, without success.

At 6 a.m. the following morning, the first stall by his tack room was closed, an Eight Belles sticker attached to the old, wooden door. Jones’ pony, Pal, was in the next stall, with Proud Spell to his right. In the next stall was the blanket of lilies won by Proud Spell in the Oaks.

In the tack room, Jones spoke about the family member they had lost. His wife, Cindy, cried again, her eyes bloodshot from having wept most of the night.

“When we walked her to the chute before the Derby, she stopped and never moved one foot,” Larry Jones said. “She had her head hanging and was letting us play with her. She thought she was the star of the show.”

During the walkover, in the paddock, and throughout the post parade, Eight Belles never turned a hair. Jones proceeded to a third-floor box above the tunnel to watch the race.

“When they came by the first time, she was happy,” he said. “She was not trying to get away from anybody or anything. The whole race, she never got bumped; never got touched.” After she crossed the finish line, Jones celebrated and headed toward the track.

“Kent (Desormeaux, who rode winner Big Brown) wasn’t jubilant like Calvin (Borel) last year,” Jones said. “Then I saw Gabe (Eight Belles’ jockey Gabe Saez) on the pony and he said, ‘Mr. Larry, they had to put her down.’ I ran for the ambulance.”

When Jones saw Eight Belles, he immediately knew what had to happen next.

But he is still mystified as to why it happened at all.

Jones took out his trainer’s license in 1982 and had two horses he bought for $800 each. Today, he has 50 in the barn, a number that will soon double when the 2-year-olds arrive.

In more than 25 years of training, Jones previously had three horses break down during races and a few others during morning training. You never forget any of them, he said.

In 2006, Jones was among the team of advisers selecting yearlings for Porter, Eight Belles being one of those they approved for purchase. She arrived at his barn after last year’s Derby, in which he sent out Porter’s Hard Spun to run second.

“I thought she was the one to get us to the Breeders’ Cup last year, but she never got into it mentally,” Jones said. “She didn’t know then how talented she was.”

On May 3, everyone found out how talented Eight Belles was. She was perfectly prepared, perfectly ridden, and perfectly happy.

She showed nothing but class on the racetrack.

The same can be said of her trainer.

Letter to Horsemen from Rick Hiles, President KHBPA.

Recently, I am sure you have heard rumblings about our decision not to send the simulcast signal to the various advanced deposit wagering companies until horsemen receive a more equitable share of the revenue. This decision was reached after careful consideration regarding the overall health of the racing industry.

To every horseman it is all too familiar. “Handle is up, yet purses to decline.”

If a racing jurisdiction has not been fortunate enough to pass legislation providing a supplement to purses from slot revenues, inevitably purses will remain stagnant or decrease.

Quite often we are asked to explain how wagering can substantially increase while purses do not keep pace. It is simply due to the changing betting patterns of the wagering public. Where once people interested in betting came to the racetracks to watch and wager on horses, now for the most part they bet from remote locations or via the computer.

Initially, horsemen and racetracks were encouraged with the broader distribution of the racing product. Eventually, horsemen began to notice an alarming trend, the influx in betting did not result in appreciable purse increases. The dramatic handle increases from remote off track locations where horsemen do not receive an equitable share of wagering has created quite a dilemma.

Most notably, advanced deposit wagering (ADWs) companies, an innovative concept where betting patrons are encouraged to wager via the internet or by phone and view the races on television is the fastest growing segment of the racing industry.

Since its inception, ADWs recognized the distinct possibility that there would be a significant downturn in wagering at racetracks. Early on they initiated “bettor poaching fees,” later referred to as “source market fees,” to address the erosion of betting at the racetrack where horsemen receive a larger share of the wagering dollar. Later ADWs decided to increase the host fees as opposed to source market fees, but in the end while ADWs enjoyed immense profits from siphoning off betting patrons at the racetrack, horsemen continued to experience a decline in purses.

Experts continue to lament that the model is broke, but no one seems to have an answer on how it should be fixed. Exacerbating the problem is that now several racetracks have entered into the national ADW business. Therefore, while the ADWs flourish and racetracks profit from their ownership of the ADWs, horsemen’s problems with a lower share of the wagering dollar are compounded. With this backdrop, horsemen have decided that the time has come to restructure the model to assure that horsemen are receiving an equitable share of wagering revenue.

It was never our intention to alienate the betting public, we are simply attempting to assure that horsemen can continue to provide the quality of racing with reasonable purses that everyone richly deserves.

Rick Hiles President KHBPA

This Is The Best News Owners, Trainers, Jockeys And Breeders Have Gotten In Many Moons

The winds of change often come very slowly in Thoroughbred horse racing, but some badly needed change for our sport is on the way. For as long as there has been simulcasting, horsemen and women have had little, if any, say about the compensation they receive from satellite wagering sites that import the simulcast signal. And let’s keep in mind that the simulcast signal belongs to horsemen at least as much as it does to the racetracks. The Interstate Horseracing Act of 1978 guarantees it.

A new organization called the Thoroughbred Horsemen’s Group (THG) has been formed by horsemen’s groups in the United States and Canada, including fourteen state-level HBPA groups, two members of the THA, the KTA and the Thoroughbred Owners of California. TOBA has also given a strong endorsement to the THG.

These horsemen’s groups created the THG to bring about change, because they believe that the percentage of takeout that makes its way back to funding purses is becoming dangerously low. The THG, who now negotiates on behalf of many of these horsemen’s groups on contracts with Advanced Deposit Wagering (ADW) companies, is trying to increase the return to purses from bets placed through ADW companies. Now, ADW companies keep about half of their takeout and return only about one-fifth of their takeout to purses, much less than what most simulcasting returns to purses, which is especially disgraceful when the ADW company that’s keeping the lion’s share also happens to be owned by the tracks where the races are run. Horsemen’s one-fifth share needs to increase to a level that better supports live horse racing. That would boost purses significantly throughout the country, from the lowliest county fairs, to tracks in New York & Ky.

As you can imagine, the THG is meeting a great deal of resistance on this issue. It seems that racetracks and ADW operators are very content to pay only a small fraction of their takeout back to purse accounts, which has been allowed to go on for far too long. When THG offered a proposal to open up account wagering on the Kentucky Derby and Oaks Days, CDI’s only response to the proposal was to file a lawsuit against the THG. But the unity from coast to coast that is usually nonexistent in horse racing when it comes to horsemen sticking together, is a positive sign that these changes can and must take place for the betterment of our sport. We can not expect our owners to continue spending $2 Billion a year to keep their racing stock in training when they’re running for only $1 Billion in purse money, which is now the case. These people at the THG representing horsemen’s groups have no agenda other than to see that a fair amount of simulcast money reverts back to purses. If they succeed, the game will be much stronger, which will benefit ALL segments of the sport, including racetracks, owners, trainers, jockeys and breeders. And the ADW companies, too.

Dear Rick & Marty,

On behalf of the Board of Trustees and the Members of the Thoroughbred Owners and Breeders Association, we fully endorse your position to support the Thoroughbred Horsemen's Group's goal of reforming the industry's wagering revenue distribution system.

TOBA applauds the leadership of the Kentucky HBPA and recognizes the short-term financial setbacks that horsemen must sustain during this period. We completely support the goals of the THG to require fair pricing for advance deposit wagering companies, as the shift in wagering from on-track and traditional simulcast outlets to ADW companies has led to less money from pari-mutuel sources being contributed to live racing. We believe that it is only reasonable to ask ADW companies to pay their fair share to purses. Racetrack companies that own ADW companies are incentivized to redirect wagering from on track to their ADW company by the current pricing model, as they are able to retain more revenue from an account wager and pay less to purse accounts than when the same bet is made at their track.

Owners invested approximately $3 billion last year to provide the racing product at tracks across the United States, yet purses were only $1.18 billion. This economic structure is clearly broken and a more equitable pricing model will help ensure the future of our industry. As the most significant investors in our sport, owners must remain committed to the THG and provide the leadership that our industry desperately needs during this very critical moment of time. The mission statement of TOBA is to "improve the economics, integrity and pleasure of the sport on behalf of Thoroughbred owners and breeders." Your decision to change the current financial model between ADW companies and purse accounts fully supports our mission and we would like to extend our assistance to you in any way possible.

Your courageous decision will have a positive impact on all owners in the United States and we appreciate your leadership.

Letters to the Editor

By DRF READERS

Horsemen's voice sounds warning call on steroid action

Recently, I presented concerns to the Kentucky Racing Authority regarding the implementation of anabolic steroid regulation, and by doing so it was felt by some that the Kentucky Horsemen's Benevolent and Protective Association is attempting to obstruct the process of meaningful changes to current rules in effect. This is absolutely not the intention of the horsemen's association.

On Feb. 25, a senior representative of the Racing Medication and Testing Consortium appeared before the Kentucky Racing Authority in an attempt to convince them to move forward on an interim anabolic steroid regulation.

I prefaced my remarks to the racing authority by explaining that horsemen generally are fully in favor of addressing this issue, but at the same time it appears that the anabolic steroid regulation proposed by the medication and testing consortium is not yet ready to be implemented.

I quoted comments from the Feb. 17 Daily Racing Form article "Fewer stallions, more broodmares" by Dr. Rick Arthur, equine medical director for the California Horse Racing Board, who also happens to be a respected member of the consortium board. He stated:

"Until we get normal levels in blood, it's going to be very difficult to regulate those specific products, and there is a big variation."

And supporting this position, Dr. Rick Sams, a nationally recognized chemist and director of the University of Florida's Racing Laboratory, and also a member of the consortium board explained:

"What we don't have is a good handle on even what an average concentration of testosterone is throughout the year or what the range of concentration is."

And, the article itself noted, "The issue is compounded by the fact that natural steroid levels can vary considerably from horse to horse."

The communication presented by the consortium board member to the Kentucky Racing Authority made clear that definitive threshold levels and withdrawal times for anabolic steroids will not be available until at least August, despite which regulators in some jurisdictions are deciding to move forward with regulations. The racing authority is to be commended for its careful and balanced approach to this technically complicated situation.

With regard to technical complications, it is interesting to note that Dr. Don Catlin, head of the Equine Drug Research Institute, was quoted by The Blood-Horse as stating at the Welfare and Safety of the Racehorse Summit at Keeneland on March 17, that "you need much more infrastructure" than currently exists in regard to steroid testing, and that "you need to walk before you run."

These are the on-the record comments of the scientific experts in this field. Given these circumstances, it would be unfair and unwise for any racing authority to implement vigorously an interim anabolic steroid regulation that has the potential to ruin the careers of innocent horses and horsemen and to also damage the racing industry at large.

Marty Maline, Executive Director, Kentucky Horsemen's Benevolent and Protective Association

Updated: Monday March 17, 6:19 PM

Posted: Monday March 17, 4:47 PM

An authority on drug testing, who has worked with the United States Olympic Committee and is now advising the horse racing industry, has urged caution on efforts to regulate anabolic steroids. “You need much more infrastructure; you need to walk before you run,” Dr. Don Catlin said March 17 during the second Welfare and Safety of the Racehorse Summit at the Keeneland sale pavilion in Lexington. “You’re getting there. You’re taking the first steps.”

Catlin, head of the Equine Drug Research Institute, made his comments following a report from Dr. Scot Waterman, executive director of the Racing Medication and Testing Consortium, who noted the progress being made throughout the country in getting racing jurisdictions to adopt rules to regulate four types of anabolic steroids. Earlier, during his presentation to the about 100 industry professionals attending the public portion of the summit, Catlin advocated an outright ban on steroids. A main reason for banning the drugs altogether is that a myriad of different anabolic steroids are available. Even restricting the testing to only four and determing threshold levels that would determine a positive test, he said, will still be cumbersome. For example, stanozolol, one of the drugs on the list to be regulated under the RMTC model rule, “stays around in the body for a long period of time. It stays for weeks and weeks. It can be negative today and positive tomorrow. It is going to be very hard to regulate…levels can vary from day to day,” Catlin said. Stanozolol was the steroid for which Olympic medalist sprinter Ben Johnson tested positive in 1988, causing him to lose the gold medal he won in the Seoul Olympics and be stripped of a world record. Johnson's positive created a major uproar within the world of international track and field.

“You ban steroids, it all goes away,” Catlin said. Waterman said eight states have adopted RMTC model rules and that the concept of regulation “has a lot of momentum.” He said the steroid tests to be used in the U.S. are based on urine samples and modeled after those used in countries prohibiting steroids in racehorses. He said a mechanism for testing steroids by using blood plasma samples should be available later this year.

In addition to medication, one of the other focal points of the summit was the subject of synthetic surfaces and some of the problems associated with them. Dr. Mary Scollay, the track veterinarian at Gulfstream Park and Calder Race Course, reported on the initial results of information compiled from injury and fatality reports from regulatory veterinarians at 42 racetracks. During the reporting period, there were 244 fatalities from 123,890 starters on dirt, for a ratio of 1.96 per 1,000 starts. For the tracks with synthetic surfaces, the ratio of 58 fatalities from 29,744 starts was 1.95 per 1,000 starts ratio, a figure Scolay said “almost floored me” because the two numbers were so close to each other. A panel of racetrack superintendents provided insights into the difficulties associated with maintaining synthetic surfaces. About 60 summit participants were scheduled to conduct private meetings March 17-18, with a media briefing to follow on the second day of the summit, which was presented by the Grayson-Jockey Club Research Foundation.

March 13, 2008

A meeting of the Turfway Park/KHBPA Horsemen’s Committee for the 2008 Turfway Park winter/spring race meeting was held on March 13, 2008.

Bob Elliston, President; Chip Bach, Director of Operations; Greg Schmidt, Plant Superintendent; Steve Peterman, Starter/Stall Manager; and Jeff Chapman, Track Superintendent attended representing Turfway Park.

Bill Connelly, Wayne Mogge, Joe Davis, and Marty Maline attended representing the KHBPA Horsemen’s Committee.

Lanny Kohnhorst also attended representing the KTA.

SLOT INITIATIVE-Bob Elliston reported on the racing industry’s effort to encourage the General Assembly to pass legislation which would allow the people of Kentucky the right to vote on the gaming issue. He explained that it has been a difficult struggle attempting to convince legislators that the horse industry needs help in order to survive. While the possibility of passing of favorable legislation remains alive time is running out. Hopefully, now that the budget has cleared the House of Representatives, they still have time to focus on the gaming issue.

WINDOW UPDATE-Greg Schmitz reported that an independent analysis has been completed of the window project and we are waiting on the written report. The intention is to have the individual talk with trainers on specific issues in addition to his own observations.

TRACK SURFACE-A discussion ensued regarding the racing surface. Bob Elliston explained that as part of their due diligence, they intend to have Dr. Tim Peterson a renowned track consultant, spend several days at Turfway Park following the race meeting measuring the key variables affecting track safety. In addition, it is their intention to develop a strategy for maintaining a consistent racing surface.

PURSE STATUS-Following a review of the status of the purse account, Bob Elliston suggested that he will review the status of the KTDF fund with Rick Leigh, Director of Racing, with the intention of hopefully increasing the supplement.

SECURITY-Chip Bach reported on the security snafu that resulted in someone gaining access to someone else’s dormitory room. He assured the committee that this problem has been corrected. Chip also explained that the individual that had been violated will be made whole.

PONY BARN-Chip explained that issues with the pony barn will be reviewed following the cessation of the live race meeting in an effort to arrive at a reasonable solution.

ICE MACHINES-Chip explained that while he does not recall receiving any work orders that any of the ice machines are not working, he will have the maintenance department check each unit.

PROPOSED HEALTH CLINIC-Following an explanation, both Bob Elliston and Chip Bach agreed to allot space for a proposed health clinic trailer on the backstretch.

SUMMER STABLING-Chip explained that Turfway Park will, once again, provide stall space for horsemen interested in stabling during the summer. The price, as before will be $7.00 per stall and that includes watering of the racing surface.

BACH BOULEVARD-Chip reported that he has petitioned the State of Kentucky for the possibility of having security barriers erected and more sturdy stop signs along Bach Boulevard. In addition, he regrets to inform everyone that the name of the roadway may be changed. Those in attendance at the meeting appeared to be both shocked and disappointed by the news.

EQUISIZER UPDATE-Chip explained that they are still exploring the possibility of an Equisizer on the backstretch, but at this time there is no firm commitment to this project.

EASTER SUNDAY-Jeff wanted to remind horsemen that there will be no training on Easter Sunday, Chip assured the committee that the track kitchen will be open.

HORSEMEN’S SHUTTLE-Chip reminded horsemen that there will be a shuttle available on Lanes End Spiral Stakes day. The shuttle will be operating continually taking horsemen choosing to park on the backstretch, to and from the area in proximity to the paddock.

POTHOLE REPORT-Bill Connelly reported that a sizable pothole has developed in the vicinity of the pony barn.

KHBPA ANNUAL DINNER/DANCE-The 25th annual KHBPA Dinner/Dance will be held on Monday, March 17th, at the “Receptions” Banquet & Conference Center. The event celebrating the beginning of Lanes End Spiral Stakes week, will be from 6:00 P.M. until 11:00 P.M. Contact Donna Davis in the Turfway Park KHBPA office for further information.

CRAWFISH BOIL-Bob Elliston reports that the annual Turfway Park Crawfish Boil will be held the following night, on March 18th, at Turfway Park from 6:00 P.M. to 10:00 P.M. This year the event will benefit Justin Vitek. Bob explained that several items including a weekend trip to the Belmont stakes and the guitar of Dierks Bentley, country music singer, will be auctioned off. All horsemen are welcomed.

Respectfully submitted,

Marty Maline, Ex. Dir. KHBPA

February 29, 2008

Memorandum

To: Kentucky Horsemen

From: KHBPA

Re: Legislative Update

On Thursday night, February 28, 2008, KEEP held a meeting of racing industry leaders to discuss the legislative effort attempting to secure gaming while protecting the Kentucky racing industry.

There was some sentiment not to support legislation for gaming that did not protect the Kentucky racing industry however others felt that with assurances from Governor Steve Beshear and legislative leaders, racing will be adequately protected. It was finally decided to support moving the gaming legislation forward and to continue to pursue language that will offer the protection for the racing industry.

The Speaker of the House and the Governor are both working, attempting to garner support of the members of the House of Representatives. It is understood that the gaming bill will not be brought forward to be voted on if there are not enough legislators in the house that agree to vote in favor of the legislation.

John Cooper, Chief lobbyist for KEEP, signaled out the efforts of the KHBPA and the horsemen for walking the halls and talking with legislators and the boisterous impromptu rally on the steps leading to the House chambers. Many feel that legislators were finally able to put a face to the thousands of horsemen and others who rely on the racing industry to eke out a living.

February 1, 2008

The second meeting of the Turfway Park/KHBPA Horsemen’s Committee for the 2008 Turfway Park race meeting was held on February 1, 2008.

Bob Elliston, President; Rick Leigh, Director of Racing; Steve Peterman, Starter/Stall Manager; and Jeff Chapman, Track Superintendent attended representing Turfway Park.

Bill Connelly, Dave England, Joe Davis, Jeff Greenhill and Marty Maline attended representing the KHBPA Horsemen’s Committee.

Slot Initiative - Bob Elliston explained to the committee the status of the proposed slot legislation. He reviewed the prospects of favorable legislation and he mentioned that Governor Beshear will be introducing legislation to all interested parties possibly as soon as next week. He expressed confidence that the Governor is cognizant of the importance of the racing industry and will tailor his legislative package accordingly. There is a concern that a proposed fee necessary to receive approval for a slot license may hinder the various racetracks in their effort to provide a facility that is capable of competing with the existing facilities in Indiana.

Purse Update - Marty reviewed the current status of purses at Turfway Park. The underpayment has remained fairly consistent with last year holding at or near $400,000 while the KTDF supplement fund has increased approximately $200,000 as compared to last year. Bob explained that the experiment with day racing fluctuates from day to day, as far as handle figures, but he feels that racing days as opposed to nights has allowed them to race some days when frigid weather conditions at night would have most likely caused occasional cancellations. Bob is most concerned about the out of state wagering revenue figures that are in decline. He attributes this, to a certain extent, to the continued imbroglio involving TVG and other Advance Deposit Wagering companies that does not allow racetracks to have broad distribution of the simulcast signal. Rick Leigh commented that he felt confident that the KTDF supplement can be increased 5% beginning with Friday’s races.

Track Surface - Jeff reviewed with the committee the issue with horses losing footing at the start of races and how the problem was corrected. He explained that the temperatures plummeted creating a freeze dried condition much like a beach and horses were unable to gather traction as they accelerated from the starting gate. Using the rotiller and power harrow they were able to compact a layer of polytrak below the cushion which allows the horses to successfully push off without losing their balance. Another situation, regarding the surface packing in their feet, occurred after a mixed precipitation of snow, rain and ice that was followed by temperatures dipping into the mid-teens with a substantial wind. Bob explained that while the wax applied during the summer has successfully prevented this from being as much of an issue as last year, we are still working to resolve the problem when the combination of moisture and extremely cold temperatures presents itself. He commended the dedication of Jeff and his crew in making the surface as safe as possible under the extreme weather conditions that we have experienced this winter.

Weather Protocol - In an effort to facilitate a better system for canceling races due to weather conditions on a timely basis, the committee proposed a committee of two members from management, two members from the horsemen’s committee and two members of the jockey colony. On days where the temperature is below twenty and sustained winds of twenty miles per hour or more and these conditions will occur during the race card the committee will meet early in the morning to decide if races should be cancelled. While everyone agreed that every effort will be made to run, if the weather is too extreme to reasonably think the race card can be completed than the races will be cancelled. It has been decided that Marty will coordinate the effort.

Jay Bowman - Horsemen have expressed their appreciation to the dedication of Jay Bowman who has been maintaining the backstretch restrooms in a clean and sanitary manner. In past years, problems with the restrooms have been a constant source of frustration, now it is a non issue.

Pest Control - While Steve has aggressively pursued an eradication program, apparently the issue with insect infestation in various dormitory complexes continues. Chip has suggested that they will consult with a professional in an effort to alleviate the problem.

Television Reception - Television reception in the barn area is a problem. It was suggested that perhaps an amplifier is not functioning, since that same issue occurred previously.

Stop Signs On The Connector Road - The stop signs on Bach Boulevard are a casualty of either the high winds or questionable driving practices.

Respectfully submitted,

Marty Maline Executive Director KHBPA

January 10, 2008

The first meeting of the Turfway Park/KHBPA Horsemen’s Committee for the 2008 Turfway Park race meeting was held on January 10, 2008.

Bob Elliston, President, Chip Bach, Director of Operations; Rick Leigh, Director of Racing; and Steve Peterman, Starter/Stall Manager attended representing Turfway Park.

Bill Connelly, Wm. “Buff” Bradley, David England, Joe Davis, Larry Holt, Melissa Pylant, and Marty Maline attended representing the KHBPA.

Slot Update - Bob Elliston reviewed with the horsemen’s committee the encouraging meeting with Governor Beshear regarding his gaming initiative. The meeting was attended by representatives of the racetracks, horsemen’s organizations, and the KEEP program.

Maintenance Strategy - Chip Bach informed the committee that he feels the implementation of their new maintenance program has proven beneficial to the overall timeliness of addressing maintenance requests. They will continue to hone their maintenance procedure to assure issues are resolved quickly and efficiently. Horsemen are reminded that all maintenance must first be reported to the guard shack in order that it can be logged into the record.

Weather Protocol - Bob Elliston informed the committee that the requested protocol in dealing with potential cancellations of racing has been successfully implemented.

Receiving Barn - Larry Holt explained that several problem areas in the receiving barn that needed attention were addressed on a timely basis and he appreciated the quick response. Bob informed the committee that one of their maintenance crew has the responsibility to check the receiving barn on a regular basis for preventive maintenance. Chip also mentioned that they will be installing signs at the receiving barn to inform ship-in horsemen of the procedure to follow when problems arise so they can be addressed quickly.

Blacktop Update - Chip updated the status of the blacktopping by explaining that the area of concern in the vicinity of the receiving barn has been corrected. Bill Connelly suggested that work still needs to be done near the tack trailers. Jeff explained that he plans to address the area now that the holidays have past.

Monitors Out On Second Floor of the Grandstand - Horsemen have mentioned that various monitors are not working on the second floor of the grandstand. Bob and Chip explained that they were not aware of a problem, but they will check on it. Bob informed the committee that they are installing new flat screen televisions on the ground floor, and they will use the televisions being replaced to replace any monitors not working.

Trash Pickup - Chip explained that a new strategy has been implemented to assist horsemen in trash removal with the help of Turfway employee, Jay Bowman. Buff mentioned that Jay had alerted him to the trash pickup of larger items and he was able to facilitate the removal of a larger item.

Track Surface - Jeff explained that recently he has installed new teeth on the gallopmaster allowing him to assure that the track has sufficient cushion.

Purse Status - Marty reviewed the present status of the purse account. Purses generated and paid are comparable to 2007. The KTDF fund purses paid this year have been $545,640 as compared to $369,285 in 2007. Currently, there is an excess in the KTDF account of $432,070. Rick Leigh informed the committee that Turfway is paying at a higher level than last year 48% as compared to 34% in the 2007 Winter/Spring race meeting. Bob explained that we will monitor the KTDF supplement and if possible they will be favorably adjusted.

Slippery Paddock - Chip explained that the problem he suspects was due to blowing snow. Bob explained that they are hesitant to put salt down in the paddock due to harsh effects on the grass and shrubbery. David England explained that certain chemicals are available that will resolve the problem while keeping the area safe.

Eurosizer - David England asked about the status of the proposed Eurosizer. Bob explained that they are still checking the financial viability of the project.

Pest Control - Steve Peterman explained that they have begun pest control measures in the dormitories and they will continue the program for as long as it is necessary. Chip stated that in the future they will make sure that everyone is given plenty of advanced notice prior to bombing.

Stop Signs - Chip explained that the stop signs are nearing completion and will be installed on Bach Boulevard, the access road from the backside to the front side.

Respectfully submitted, Marty Maline, Ex. Dir. KHBPA

December 21, 2007

The final meeting of the Turfway Park/ KHBPA Horsemen’s Committee for the 2007 Turfway Park Holiday race meeting was held on December 21, 2007.

Bob Elliston, President, Turfway Park; Chip Bach, Director of Operations; Rick Leigh, Director of Racing; and Steve Peterman, Starter and Stall Superintendent attended representing Turfway Park.

Wm. “Buff” Bradley, Bill Connelly, Joe Davis, Jeff Greenhill, Wayne Mogge, and Marty Maline attended representing the KHBPA.

Fence in Proximity to Receiving Barn-Chip Bach explained that the fence adjacent to the receiving barn has been installed.

Bedding in the Receiving Barn-Jeff explained that they have implemented a plan to have additional bales of straw in proximity to receiving barn stalls available to supplement the bedding already in stalls in the receiving barn.

Work Orders Addressing Maintenance Issues-Chip provided a memorandum addressing the procedure to follow when requesting maintenance on the backstretch. Chip stressed that the goal is same day service with the standard being two days. The key is to initiate the request for maintenance at the guard shack so that they can log it in. The memorandum will be distributed along with the minutes.

Traffic Jam at the Guard Gate-The traffic problems continue to be an issue at the guard gate. Following a brief discussion, Bob Elliston suggested that an area be made available for vans, trucks and trailers with issues to pull over allowing other vans with no issues to continue on to the receiving barn.

Manure Pickup-Jeff mentioned that the equipment alleviating the mess in proximity to the manure bins has arrived. Bill Connelly stated that recently he had experienced quite a mess after they attempted to load manure on the truck and apparently missed. Jeff explained that overall he felt the system of picking up manure has immensely improved, but he would delve into what happened at Bill’s barn.

Trash Pickup-Chip explained that they have implemented a program whereby Jay Bauman contacts backside maintenance whenever he sees apparent large trash items that need to be hauled away. The committee suggested that the other ideas involving trash maintenance should be initiated.

Ruts in the Horse Path-Jeff reviewed his attempts to alleviate the problem which included running equipment over the path at various times during the day. If someone notices a vehicle running over the horse path they should be reported and their lack of consideration for the horses using the horse path will be addressed.

Update on Blacktop-Chip reviewed the status of the blacktop repair in the barn area. He explained that several areas have been improved. As far as the area in the vicinity of receiving barn, it is still a work in progress.

Snow and Ice Removal-The committee discussed the yeoman effort to remove the ice and snow on Saturday, December 15, and next discussed the problems associated with ice on Sunday morning in the barn area. Chip expressed the view that they will continue to strive in assuring that everyday, results in the success they experienced on Saturday. In addition, he mentioned that they are beginning a new process of announcing when they will be working in the barn area with snow removal equipment or any other projects that may result in uncharacteristic noise in the barn area.

Windows Project Update-Chip explained that they are currently in the mode of fixing areas of concern expressed by horsemen. Afterward they will be reviewing the project with an independent carpenter.

Insect Infestation-The problem with insects in the dormitories continues to worsen. Bob Elliston suggested that immediately after the Christmas holiday, they will expedite addressing the issue.

Health Certificates-This issue continues to be a source of frustration with horsemen. Bob Elliston explained that everyone should be cognizant of the dangers of being less than vigilant in this area. He suggested that Chip and Marty should communicate with Rusty Ford of the Kentucky State Department of Agriculture and see if a longer period can be established between the need for updated health certificates.

Race Cancellation-The committee requested that Bob authorize the $150 supplement to horsemen who had horses entered on Sunday that were prevented from racing following the cancellation. In addition, the committee suggested that a protocol should be established whereby if jockeys feel it is unlikely that they can complete the racing card due to weather conditions, that management and horsemen should be informed as early as possible to avoid angering betting patrons and requiring horsemen to medicate and ship horses.

Racing Surface-Committee members discussed maintenance of the racing surface. Jeff explained that according to the weather and moisture expected, they use the necessary equipment at frequent enough intervals to assure a surface with cushion. Bob Elliston informed the committee that they are monitoring the times and adjust the level of the equipment accordingly. In addition, he will continue to seek imput from all interested parties.

Closing Track Early-The committee suggested that whenever it is possible, the track superintendent should provide reasonable notice prior to closing the track. This will allow horsemen to train the horses they need to train first. Jeff explained that he makes every effort to do this unless the weather conditions simply dictate otherwise.

No Shipping to Train-Rick Leigh reminded that with the new day time racing schedule there will be no training from the receiving barn on Wednesdays and Thursdays in addition to Saturdays and Sundays starting the week after Christmas.

Policy on Wood Shavings-Chip Bach presented a memorandum regarding the disposal of shavings for horsemen using them for bedding. Shavings can only be disposed of in approved dumpsters. Anyone found disposing of shavings by dumping them in manure bins or dumping the used shavings in shedrows will be held responsible for cleaning the manure bins and shedrows, and may be further disciplined.

Backstretch Christmas Celebration-On Christmas Eve in the rec. hall at Turfway starting at 10:30 A.M. the KHBPA will host a brunch for the backstretch community. There will be barbecue, potato salad and beans along with plenty of desserts and everyone is welcome. That same night, Chaplain Tom will have a service including food and beverages. On Christmas Day, Father Niehaus with the help of Jerry the “Russian” following Christmas service will provide a Christmas feast and gifts to the backstretch community. The KHBPA will provide sandwiches later that day for anyone who is still hungry.

Stop Sign at the Access Road-Chip explained that he is attempting to facilitate securing stop signs at this location. If he cannot receive state approval, Turfway will install their own.

Respectfully submitted,

Martin Maline, KHBPA Ex. Dir.

November 30, 2007

The first meeting of the December Holiday race meeting was held on November 30, 2007.

Chip Bach, Director of Operations; Greg Schmidt, Plant Superintendent; Rick Leigh, Director of Racing; Steve Peterman, Starter/Stable Manager; and Jeff Chapman, Track Superintendent attended representing Turfway Park.

Bill Connelly, Wm. "Buff Bradley", Joe Davis, Wayne Mogge and Marty Maline attended representing the KHBPA Horsemen's Committee. Marty recorded the minutes.

Track Surface Update - Jeff reviewed the schedule that has been recommended for maintenance of the racing surface. He explained that, once a month the rototiller is used which churns the entire surface in order that it is consistent throughout. In addition, once a week, the power harrow is utilized which prevents the surface from becoming too packed and firm. It has been suggested that when using the different equipment that it be used on Sunday night to allow the track surface to settle. Jeff agreed with this suggestion. Jeff explained that to address the surface kickback, they plan to apply water on an as needed basis. The horsemen in attendance explained that they gauge if the track is too firm by the differential in times between better horses and cheaper claimers during works and racing. In addition, another indicator is if you can hear the horses hoof strikes as they exercise in the morning. Chip mentioned that the schedule for using the various track equipment will change when it is warranted.

Fence Near the Receiving Barn - Greg explained that the track adjacent to the receiving barn that had been removed during road construction is scheduled to be installed on Wednesday of next week.

Bedding in the Receiving Barn - Horsemen have explained that when shipping into the receiving barn, there is less bedding in the stalls. Jeff explained that due to a stall shortage the receiving barn is being utilized temporarily after the stalls have been cleaned for horses shipping in. Rick explained that he is working to rectify the situation and it soon will be remedied.

Work Orders/Addressing Maintenance Issues - Chip explained Turfway's intricate system to address maintenance issues on the backside. He explained that they will soon provide a memorandum on the system which he feels will dramatically improve the response time to issues on the backstretch. The Committee expressed the view that their efforst have vastly improved the reaction to maintenance issues.

Traffic Jam at the Guard Gate - The arrival of ship-ins creates a traffic snafu at the guard gate. The problem is attributed to the requirement of making copies of health certificates and coggins not required at other tracks in Kentucky. Chip explained that he will review the process and attempt to alleviate the traffic backup if possible. Also, he will see that a fax machine is installed.

Manure Pickup - While the horsemen commented that the regularity of manure pickup has dramatically improved, the equipment used creates quite a mess in and around the manure pits. Jeff explained that they have equipment that will alleviate the problem on order and he expects it to be delivered in the very near future.

Trash Pickup - Trash in and around the dorm area is becoming more and more prevalent and unsightly. The committee suggested that perhaps another trash pickup utilizing the cooking skills of Jerry the "Russian", as an incentive is in order. In addition, it was suggested that a once a week announced trash pickup, where a truck moves through the barn area after training allowing everyone to throw trash in the truck as it passes by, may be worthy of consideration.

Ruts in the Horse Path - The problem with ruts in the horsepath has returned. Jeff explained that he is now, on a regular basis, running equipment over the horse path to keep it smooth. Horsemen explain that it is the lack of drainage that is the issue along with the amount of surface on the horse path and of course the vehicles that drive over the surface creating the ruts. Also, it was suggested that drain tiles should be added under the surface to allow the excess water to drain away from the horse path.

Hoses in the Test Barn - Greg Schmidt informed the committee that this problem was resolved on Thursday of this week.

Receiving Barn Lounge - Greg Schmidt informed the committee that two new heating units have been installed in the lounge.

Blacktop - Chip explained taht several potholes and various areas are scheduled to be patched within the next few days.

Snow and Ice Removal - Greg explained that once a new shipment of salt arrives they will begin to fill the barrels in strategic areas on the backstretch. He also reviewed the plan for snow and ice removal in the barn area.

Window Update - Chip explained the tiered approach to addressing the issues with the construction of the new windows which includes assuring that the windows are water and air tight, evaluating the safety and design in addition to having an independent carpenter review the assembly.

Insect Infestation in the Dormitories - Chip suggested that they will address the units as a whole with the recommendations of an exterminator.

Identifying Occupants of the Tackrooms - Rick and Steve intend to identify the occupants of dormitory rooms and talk with trainers who have been allocated the rooms to determine if the person in the room is employed by them.

Hydrants Leaking - The plumbers are beginning the process of replacing parts in hydrants that are either leaking or appear to be likely to leak in the near future.

Laundry in the Future - Chip explained that it is still Turfway's intention to develop a laundry convenient to the backside community on the backstretch.

Horse Ambulance - The lack of a suitable horse ambulance was apparent following the catastrophic injury to a horse trained by committee member Bill Connelly on Sunday. Bill reviewed the turn of events. Chip explained that this issue is a priority and will most assuredly be addressed.

Respectfully Submitted,

Mary Maline
Executive Director
Kentucky HBPA

September 19, 2007

The first meeting of the KHBPA Horsemen’s Committee was held on Wednesday, September 19, 2007, for the Turfway Park 2007 Fall race meeting.

Bob Elliston, President, Turfway Park; Chip Bach, Director of Operations; Steve Peterman, Starter/Stable Manager; attended representing Turfway Park.

Wayne Mogge, Joe Davis, Dave England, and Marty Maline attended representing the KHBPA Horsemen’s Committee. Marty recorded the minutes.

ABUNDANCE OF FLIES-Horsemen have commented that there appears to be an abundance of flies in the stable area. Chip assured the committee that they are continuing the fly eradication program that was initiated several years ago and there has been no variation. The discussion centered on the continued heat and lack of rain and perhaps this has exacerbated the problem.

BLACKTOP-Committee members mentioned that there are some areas on the backstretch that need attention regarding blacktop repair. Chip requested that areas of concern should be reported to Steve Peterman or the KHBPA and forwarded to him and they will be addressed.

IMPROVEMENT UPDATE-Many horsemen stabled in barns 21 and 22, have favorably commented about the improvements. The windows initially have been a concern, but Chip explained that he is confident early problems have been rectified. Dave England explained that some of the bottom boards are warped and may cause leaking during strong rains. Chip has assured the committee that any issue with faulty boards will be addressed.

WORK ORDERS-Chip explained that the delays horsemen are experiencing in response to submitted work orders was due to a communication snafu and he is reasonably sure that the issue has been resolved.

CABLE ISSUES-Chip suggested that horsemen with poor reception on their television sets should fill out a work order and the problem will be addressed.

MILE RACES-A brief discussion ensued regarding large fields in mile races. Joe Davis stated that problems were much worse with the old racing surface where horses on the outside raced above the crown. Steve Peterman mentioned that he felt gate positioning may help perceived problems to a certain extent.

BONUS PROGRAM-The bonus program which allows that a Grade I winner of the Turfway Park Classic will receive an additional $150,000 from horsemen’s purse money was discussed. Bob Elliston explained the reasoning behind the decision, they are attempting to secure Grade I status for the event and to entice the Breeder’s Cup to declare the race as one of a select few that are considered a “win and your in” event which will entitle it to a possible supplement from the Breeder’s Cup. Members of the KHBPA board have suggested that since the bonus is in conformance with the stakes percentage of the purse contract, that it should be offered to all participants and not just to Grade I winners. While Bob agreed to consider the proposal in the future, he felt since the bonus had been advertised as only to Grade I winners it should remain as is for this year. He stated that he intends to analyze the event with horsemen’s input following this year’s Cup races.

BACKSTRETCH ENVIRONMENT-Committee members expressed concern with the present climate on the backside, specifically alcohol intoxication and possible drug use. Bob Elliston explained that inappropriate behavior will not be tolerated and he will instruct his security accordingly. Multiple offenders will be either taken before the stewards or ejected from the grounds. Safety on the backside is paramount and if people are unable to function due to being intoxicated the possibility that some person or horse may be injured is magnified.

APPRECIATION TO HORSEMEN-Bob Elliston expressed Turfway Park’s appreciation to horsemen for their support in regularly entering their horses. While he is well aware that there are other options available, horsemen have chosen to run their horses at Turfway Park and entries have consistently remained strong.

EUROSIZER PROPOSAL-Chip mentioned that they are continuing their research on the possibility of locating a Eurosizer on the backstretch of Turfway Park. He is interested in horsemen’s opinions on whether or not they will use the device. Joe Davis informed the committee that the Eurosizer was used frequently by horsemen at Ellis Park this summer and he himself regularly utilized it as part of his training regimen.

PURSE STATUS-Purses have remained fairly consistent with the Fall race meeting of last year. Bob Elliston mentioned that TVG source market revenue has increased substantially which should favorably influence the purse account.

Respectfully submitted,
Marty Maline, KHBPA Ex. Dir.

The Kentucky Equine Drug Research Council supports the regulation of anabolic steroids in horses at racetracks and auctions in the state but has requested further explanation of withdrawal times and other testing-related issues included in the model rule offered by the Association of Racing Commissioners International and Racing Medication and Testing Consortium.

The drug council, which met Aug. 23, stopped short of a recommendation for the Kentucky Horse Racing Authority but said it would tell the agency it favors steroid regulation. Officials said they want to make sure all parties, including horsemen, understand the rules and procedures before anything is adopted.

There is a nationwide push for the regulation of four commonly used steroids--boldenone (Equipoise), stanozolol (Winstrol), nandrolone (Durabolin), and testosterone--all of which are approved for use by the Federal Drug Administration. All other steroids would be banned.

“I think the consensus would be everybody wants constraint on anabolic steroids in racehorses and at sales,” said trainer John Ward Jr., a member of the drug council. “I guess the next question is what the speed limit would be.”

Withdrawal times--the length of time it may take for a drug to clear a horse’s system--for steroids range from 30-60 days, according to reports. Such a time period would preclude their use on race day. FDA-approved steroids are widely believed to have therapeutic value.

“Anabolic steroids are extremely abused in racehorses,” said Dr. Foster Northup, a racetrack veterinarian and former member of the drug council. “They do have a purpose in our industry, but they’re abused. The majority of racetrack vets will agree with you.”

Northup said steroid use isn’t as bad in Kentucky as it is in other states. He claimed they are most abused in New York, where horses may be treated with steroids every 10-21 days. He said steroid use in higher in Florida as well.

“Racetrack practitioners feel it’s incredibly important that if we adopt rules for racehorses, sale companies should have to abide by the same rules,” Northup said. “We are adamant about that.”

David Switzer, executive director of the Kentucky Thoroughbred Association, said he understands Kentucky sale companies working on threshold levels for anabolic steroids and could have regulations in place by early 2008.

Vets said steroids can serve two purposes. They can be “mental performance-enhancers,” the effects of which last about five days, and physical enhancers, the effects of which are gone in about two weeks. Northup suggested a withdrawal time of even two weeks would eliminate abuse.

The Thoroughbred Owners and Breeders Association has asked all racing jurisdictions with graded stakes begin testing for anabolic steroids effective Jan. 1, 2008. Even if Kentucky doesn't have regulations in place, racetracks could adopt house rules to meet those testing requirements, KHRA executive director Lisa Underwood said.

The drug council also discussed but took no action on a proposal to mandate administration of the bleeder medication Salix by state veterinarians, which currently is required at harness tracks but not Thoroughbred tracks. The plan would require the hiring of additional personnel.

The woman on the phone from the Vanderburgh County Humane Society was angry, and with good reason.

Ellis Park horsemen stabled on the south end of the barn area were being forced by Kentucky Horse Racing Authority veterinarian Lafe Nichols to walk all the way around the far northern turn of the track after a race instead of taking the short way home.

"That means walking six and sometimes seven furlongs (nearly a mile) farther in this heat," the woman fumed. "It's totally (inappropriate) for humans and horses to be put through that."

Trainers also have raised the issue. Several said their solution is to not run at Ellis.

Still, on Thursday, the man who should be in charge, chief steward John Veitch, said he had "complete faith in Dr. Nichols' decision and backed him 100 percent."

The bottom line decision was to keep all returning horses within Nichols' and his employees' sight. In the event that an animal collapses from heat stroke or exhaustion, they reason that the stricken horse can be reached quicker by Equine Ambulance personnel.

"If we had one go down on one turn and another go down on the other turn, the veterinarians may not be able to reach them in time," said Veitch.

But that same principle applies to a race, when horses could go down at various points. One recently collapsed in the barn area and was completely out of sight.

What then? It's never been a problem here before. Like it or not, casualties are part of racing. Trainers know the risk.

Extra water buckets and ice have been placed around the turns. Track owner Ron Geary attempted to intervene by hiring a private veterinarian. He offered putting his own cash up for whatever it took to allow horsemen to walk either way.

But bureaucracy ruled. Veitch said that such a measure would require as much as 60 days worth of preparation and paperwork. The meeting ends in 15 days.

In 1978 and 1981, there were 13 consecutive days of 100 degree heat. at Ellis Park The barn area didn't house 650 horses like now. There were 1,050 on the grounds and they walked both ways. In an earlier era, there was a bridle path through the center of the soybeans, too. Perhaps it's a sign of the times. People aren't what they used to be.

n Getting the horses back to the barns hasn't been the only problem with stewards this meeting. Earlier this month, only two were in the stand for several days, even though rules plainly state that "aAll three stewards shall be present in the stewards' stand during the running of each race."

Veitch said one steward was having surgery, making it an emergency that qualified his decision. But doesn't it often take longer to be admitted into a hospital than it does to fetch a backup steward?

Veitch said that he was satisfied because a placing judge who also is accredited as a steward was in the next room or on the outside catwalk.

That's not good enough to protect the public's interest. Ellis Park isn't Saratoga or Keeneland. But it's not the Rockport Fair meeting of 1930.

n On Friday, July 6, the KHRA scratched trainer Tim Glyshaw's horse, Tahlequah, alleging that the young Evansville horseman had given the horse an illegal substance.

State officials won't freely admit it on the record, but they got their horses mixed up. The entire operation, from the state investigator who should not have been handling the sample to the proper documentation of paper work was a total joke. There was no illegal substance, merely superior horsemanship keeping a cripple together.

For some reason, results of the test took 30 days instead of the standard three or four. Glyshaw still doesn't have any hard copy of the results that proves he did nothing wrong. Veitch said he must have left it in the home office.

On Friday, Mark York, spokesman for Kentucky's Public Protection Cabinet that oversees the KHRA said that "As far as we are concerned, the matter involving Mr. Glyshaw is over with."

Still, they never offered the hard-working young trainer an apology for actions that harmed his reputation. They should be held accountable, though, especially before the next gubernatorial election.

The thoroughbred entries regulation (810 KAR 1:027) was filed and will appear in the Kentucky Administrative Register on September 1, 2007. You can download the regulation on the Kentucky Legislature website at http://www.lrc.ky.gov/kar/TITLE810.HTM.

A public hearing on this administrative regulation willl be held on September 25, 2007 , at 11:00 am, at the South Park Theatre at the Visitor’s Information Center, Kentucky Horse Park, 4063 Iron Works Parkway, Lexington, KY 40511.

Anyone interested in being heard at this hearing should notify the Kentucky Horse Racing Authority in writing by September 18, 2007, five working days prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be cancelled.

This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made.

If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until October 1, 2007. They can be mailed to me at the address below.

Thanks for your willingness to provide comments during the development of this regulation over the past few months.

John L. Forgy
General Counsel
Department of Public Protection
Environmental and Public Protection Cabinet
Counsel for the Kentucky Horse Racing Authority
4063 Iron Works Pike, Building B
Lexington, KY 40511
Phone (859)-246-2040
FAX (859)-246-2039

The fourth meeting of the 2007 KHBPA/Ellis Park Horsemen’s Committee was held on Friday, August 17, 2007.

Attending the meeting and representing Ellis Park were Ron Geary, owner and President; Mark Geary, Director of Development; Bob Jackson, Director of Operations; and Dan Bork, Director of Racing.

The KHBPA Horsemen’s Committee includes Mike Bruder, Chairman of the KHBPA Horsemen’s Committee; R.L. “Bob” Williams, and Jack Byers serving as an honorary member of the committee. Marty Maline recorded the minutes.

PROVIDING ASSISTANCE-Several horsemen have expressed appreciation for the efforts of Susan Steelman giving water to horses and horsemen. Susan has been providing assistance to horsemen and horses as they leave the racetrack during the stretch of oppressively hot days.

PROPOSED PROMOTION-The committee suggested the feasibility of raffling off an automobile at the next Ellis Park race meeting. Mike suggested the promotion, allowing patrons to submit tickets throughout the racing season with a grand drawing at or near the end of the race meeting.

REROUTING HORSES AFTER RACING-A lengthy discussion ensued regarding the Chief State Veterinarian’s decision that every horse must return to the barn area in one direction. While the committee agreed that during the oppressive heat the State Veterinarian’s decision may have been reasonable, had he communicated his decision to horsemen with an explanation it would have been better received. In addition, it was reported that two horses were felled by heat strokes after they had left the racetrack and were making the long trek back to the bottom barn area. The committee agreed that next year it is incumbent upon the Racing Authority to have two State veterinarians one located near the paddock and one in the vicinity of the mile chute that way all the bases are covered.

CLAIMING CROWN SYNOPSIS-Ron Geary explained that they were very pleased with the outcome and most notably for eclipsing the former wagering record for the Claiming Crown by more than a million dollars. He credited his staff and horsemen for a memorable day of racing and singled out Mike Bruder and the KHBPA for their support. In addition, Ron reviewed some interesting trends regarding wagering on the Claiming Crown, he explained that there was a wide disparity between the various advance deposit wagering companies (ADWs), he suggested that like Claiming Crown day had Ellis Park been able to provide their signal to everyone that wished to wager on Ellis’ racing product most assuredly our numbers would have been favorably enhanced, meaning more money for purses and for the racetracks bottom line. Marty explained that horsemen throughout the country are disturbed with the fact that some ADWs are attempting to control the racing industry, a perfect case in point is what has happened at Ellis Park.

RECOGNITION OF RACING OFFICES EFFORTS-The committee recognized the efforts of Dan Bork, Director of Racing, and his staff. Despite being faced with slot enriched purses at other racetracks, Arlington’s installation of polytrack, and the oppressive heat, Dan and his staff have continued to provide race cards with respectable field size. Ron Geary commented that Dan’s team has jelled as the season has progressed.

FLIES ON THE BACKSTRETCH-Committee members voiced concern with the increased population of flies on the backstretch. Bob Jackson assured the committee that they continue to spread the larvae eating wasps eggs on the backstretch similar to Churchill Downs. Mark Geary explained that he has talked with representatives of Lone Star about a fly eradication program they have implemented there.

IMPROVEMENTS FOR NEXT YEAR-Mike Bruder reviewed a list of projects to be considered during the off season. They included water lines to allow for the availability of hoses on the racetrack. Additional air conditioners for dormitories K, M, N, and O. Trees on the backstretch lost due to the tornado, lights for the soccer fields and ball diamonds, and a roof for the Eurosizer. Ron Geary agreed that they will secure bids on each of the projects and further discuss the projects at the next meeting of the committee.

INDIANA DOWNS OTB-Ron explained his reasoning for denying Churchill Downs owned racetracks from simulcasting to the OTB in Evansville. He reviewed the agreement he had reached with Churchill prior to purchasing the Ellis Park to prevent the OTB from cannibalizing betting patrons from Ellis Park.

Respectfully submitted,

Marty Maline, Ex. Dir. KHBPA

The Kentucky Horseracing Authority will hold a Hearing on proposed changes to claiming regulations on:

Tuesday, August 28th, 2007.
OPEN TO PUBLIC 11AM
Kentucky Horse Park
South Park Theater

For more information please contact Marty Maline at 1-800-928-4272 or email kymarty@aol.com.

Jockeys at Ellis Park made a mistake last Friday when they refused to ride the final five races on the 10-race card after a sudden downpour.

It was a disservice to fans, horsemen, management, and to themselves professionally and financially.

The Horsemen's Benevolent and Protective Association picked up part of the tab, reimbursing every owner $150 for each horse denied a chance to run.

That won't cover the cost for shippers and race day medication administered by veterinarians. But it helps.

There were exceptions, including Larry Melancon, the classy veteran from Breaux, Bridge, La. He turns 52 next Tuesday. Since handling his first winner in 1971, he's ridden under the worst possible conditions around the country.

A one-time vice president of the old Jockey's Guild (Central Region), Melancon has guided more winners and been victorious in more important stakes races than most of the other Ellis Park combined.

He was ready to ride.

He was ready to ride.

While I've never ridden a thoroughbred, after charting 40,000 races and countless spills, I'm aware of how dangerous the profession is. That's why an ambulance follows the field around the track, and that's why precautions should be taken.

The vast amount of rain did make the surface slippery for the fifth race.

But 30 minutes after Friday's rain, the track was fine, looking like a beach after the tide ran out.

The jockeys already had refused a test gallop during the sixth race warm-up period and also declined a delay, which would have allowed track superintendent Glenn Thompson and crew to fix the footing.

It all happened so fast that by the time racing secretary Dan Bork, who has done a yeoman's job carding races, was informed, a decision had been made.

Rushing off was immature on the part of the jockeys and costly to all parties, especially track owner Ron Geary, who has made a huge investment to keep Ellis in business.

Although Kentucky Racing Authority chief steward John Veitch asked the jockeys to be patient and wait, they declined. He found no way to buy time, to prove the track was safe.

In the old days, the motto on all Ellis Park advertising included "rain or shine." The game never ceased because an open line of communication existed.

Last Friday, the Sky Theater was packed. An enthusiastic crowd was on hand.

They wanted action. Many hung around to wager on other tracks. But others left shaking their heads.

Claiming Crown, Ltd. National Horsemen’s Benevolent & Protective Association, Inc. Thoroughbred Owners and Breeders Association NEWS RELEASE
CONTACTS:
Joe Santanna, President and Chairman, National HBPA (717) 652-5849 Dan Metzger, President, Thoroughbred Owners and Breeders Association (859) 276-2291

FOR IMMEDIATE RELEASE

2007 Claiming Crown Now Available to Larger Audience

Lexington, KY., July 26, 2007 – Heeding the call from National HBPA President and Chairman Joe Santanna during a July 20 speaker forum, TrackNet Media Group (TNM), Television Games Network (TVG) and Youbet.com (YB) on July 26 have agreed to a content sharing arrangement that will benefit horsemen and bettors and will make the August 4th Claiming Crown races – being run at Ellis Park in Henderson, KY for the first time – available to a wider audience than ever before.

The discussions formally began July 23 between TNM, TVG and National HBPA working with The Thoroughbred Breeders Association (TOBA). National HBPA and TOBA are partners in Claiming Crown, Ltd. Both TVG and Youbet.com proposed that any profits from the distribution of the 2007 Claiming Crown should revert to Claiming Crown, Ltd.

Early on Tuesday, July 24th, TNM – which through Ellis Park’s simulcasting distribution agreement with Churchill Downs controls the rights to the Ellis Park signal and, thus, this year’s Claiming Crown races - had formally offered to the Kentucky HBPA (the horsemen’s group representing Ellis Park horsemen) and National HBPA/TOBA to provide both wagering and video rights to the Claiming Crown.

TNM committed that all major industry commercial advance deposit wagering distribution outlets - including TNM’s own outlets such as TwinSpires.com and XpressBet – would pay the same fee.

Both TVG and Youbet.com have agreed to purchase the Claiming Crown rights from TNM for their distribution/wagering networks and have committed to donate any profits – an idea first proposed by TVG - back to Claiming Crown, Ltd. in support of the event.

First run in 1999, the Claiming Crown brings together those “blue collar” horses that have become favorites of fans and horsemen alike. In 2007, the 9th renewal of the Claiming Crown will feature a new title sponsor –Old National Bank – and will offer $600,000 in purses for seven races offered to horses that have started at least once in the past year for a claiming tag ranging from $7,500 (or less) to $35,000 (or less).

Joe Santanna, President and Chairman of the National HBPA said “Our horsemen in Kentucky and across the country couldn’t be happier that TrackNet Media responded to our request to share the Claiming Crown with all commercial advance deposit wagering companies. I commend both TVG and Youbet.com for stepping up and buying those rights for their customers – and offering to contribute any profits back to Claiming Crown, Ltd. While this may only be a small step forward toward solving the larger issues we’ve been addressing, such as content sharing, exclusivity and sublicensing fees, it certainly is a very big step forward.”

“This is a very positive and encouraging decision by TrackNet Media, TVG and YouBet.com and we hope that it leads to more meaningful and decisive discussions on content sharing in the future,” said TOBA president Dan Metzger. “We have witnessed a tremendous commitment by horsemen and Ellis Park to this year’s Claiming Crown and the participation of all advance deposit wagering companies will broaden the distribution of the event and ensure all of our customers have access to the races. “

A proposal to increase the length of time before a horse can race again after being scratched for veterinary reasons moved a step closer to reality July 23, when the Kentucky Horse Racing Authority approved a final draft version of the new regulation.

Under the proposed new rule, a horse scratched for veterinary reasons could not run again for nine days. The current rule allows for a “vet-scratched” horse to run six days after being scratched. The KHRA had previously approved changing the rule to allow the scratched horse to be “entered” six days after the scratch.

Due to varying entry times at the state’s tracks, however, the Authority decided to stipulate the horse could not run for nine days after the scratch.

Representatives of the state’s Thoroughbred tracks had previously voiced support for the longer re-entry period, citing abuse of the present system. They contended some horses are being scratched without having a medical condition and that there is insufficient staff in the state veterinarian’s office to confirm the validity of each scratch.

Some believe that by increasing the number of days before the scratched horse could be re-entered, trainers would be less likely to scratch a horse on the basis of a veterinary problem. This, in turn, would presumably lead to larger field sizes.

Marty Maline, executive director of the Horsemen’s Benevolent and Protective Association, argued that the new rule could have the opposite effect and lead to even smaller field sizes. He noted that the rule would preclude horses scratched for minor problems, such as being treated with medications for shipping purposes, from being held out of racing for an inordinately long period.

Tom Ludt, the only Authority member to vote against the latest version of the rule change, said he believed the changes would unfairly penalize those who scratch their horses for legitimate reasons. He had previously stated he would prefer that the state legislature provide the KHRA veterinary unit with sufficient staffing and funding to police the vet-scratch process.

The proposal would also direct the tracks to maintain records of scratch activity and field sizes for one year to help determine the impact of the new regulation.

Before the proposal would take effect, it must be reviewed by the Legislative Research Commission staff to determine if it complies with state statutes. Then, the proposal will be debated at a public hearing before going on to the General Assembly for action. Copyright © 2007 The Blood-Horse, Inc. All Rights Reserved.

Ellis Park lost a round with Mother Nature on Sunday when lightning from a thunderstorm struck transformers, knocking out power running into the track moments after the sixth race was posted official.

At 3:07 p.m., power flickered off, but surged on seconds later. The second hit came at 3:25 p.m.

Horses were in the paddock waiting to be called postward for the seventh race. Steward Ron Herbstreit, representing the Kentucky Horse Racing Authority, gave Ellis officials until 4:30 p.m. to correct the problem before cancelling the remainder of the 11-race card, partly because of horses' medication rules.

"Life is a series of setbacks," said Ellis Park owner Ron Geary. "We'll come back and have a good meeting. We view this as a flesh wound. "If you can overcome a tornado like Ellis Park (in November, 2005), then we can ovecome this."

Most of the electricity was restored at 5 p.m. Simulcasting resumed in the clubhouse for those in the crowd of 4,672 — the largest since opening day — who cared to partake.

Ellis Park officials said two transformers on U.S. 41 routing power into the track from Vectren were damaged. The outage entailed two parts of the track's three-phase system. Power was blacked out in the main grandstand, clubhouse and Sky Theater. One person was trapped in the Sky Theater elevator.

Several parts of the plant including a section of the barn area and racing secretary's office, remained lit.

Also knocked out were telephone lines sending and receiving wagering information from the betting hub located in Louisville.

Normally, Ellis Park receives its electricity from Kenergy on the Henderson side of the Ohio River. However, Kenergy had to disconnect its power cables over the Twin Bridges while the spans are under repair. Kenergy made arrangements for Vectren to act as server.

"We could have waited and run live. But our allotted satellite time for the remainder of the card to be sent nationwide would have been over with," said Ellis director of operations Bob Jackson. "With the power rerouted from Evansville, we weren't totally familiar of where the problem happened at first. It made for strange circumstances with a few areas in power and the main ones out."

Jackson noted that anyone bringing a Sunday program back on any race day will be issued a free one. Sponsors of canceled races will be given another choice of days.

It was bittersweet for Geary. He was elated by the crowd and enthusiasm generated by the HBPA's College Laptop Computer Day, but disappointed by the cancellations.

"Everyone stepped up, from the folks in Loogootee Ind., who sponsored the day's races to the college kids who turned out," Geary said.

Geary estimated that losing the last five races cost the track $200,000 in total revenue. "Last year, we lost half of the opening Friday. That cost $125,000," he noted. "There is no insurance for such a thing. It happens. You move on."

No dates are definite, but Geary said the lost races probably would be made up on Saturdays and Sundays through the rest of the meet. After the cancellation, HBPA reps John Griffith Jr. and Mike Bruder had the names of the remaining laptop winners drawn. They'll be notified by telephone and can pick up their prizes in the track's general office by showing a valid student identification.

Race No. 6 began the Pick-Six. Kentucky rules specify the entire pool must be refunded when fewer than three races in the series have been run. The Pick-Three which started on the fifth race will be paid as 7-3-all worth $13.60. The Pick-Three beginning on the sixth race is 3-all-all worth $5.20.

The sixth race was the $26,000 Asher Overnight Handicap for fillies and mares, 3-year-olds and up going 51/2 furlongs