IDAHO STATE RACING COMMISSION
SUMMARY OF PUBLIC MEETING
April 27, 2005 - 2:00 PM
A special meeting of the Idaho State Racing Commission was held on Wednesday, April 27th, 2005 in Classroom “A” of the Post Academy Building at the Idaho State Police Meridian Facility located at 700 South Stratford Drive, Meridian, Idaho. Those in attendance Chairman Oscar Steinley, Commissioner Carolyn Hunt, Commissioner Judy Radin, Executive Director Jack Baker, Jenny Grunke, Deputy Attorney General and Jacqueline Libengood.
GENERAL INFORMATION DISCUSSED
Chairman Oscar Steinley called the meeting to order at 2:00 pm and introduced Commissioner Judy Radin. Commissioner Hunt motioned to approve the minutes for April 6, 2005, December 1, 2004 and October 27, 2004. Commissioner Radin seconded the motion. Motion carried.
COMMISSION REPORTS
Chairman Steinley commented on the situation in the industry and asked everyone to work together to help each other through it.
Commissioner Hunt spoke on the NAPRA Convention. One item was legislation regarding chips for horses and is being looked at right now. It will happen in our industry. NAPRA is changing some of the bylaws to include other affiliate members including Indian Casinos and international organizations. She met with Australian regulators and noted that the attendance is up 40% which was attributed to their young people. They have some ideas we could look at. The Jockey Guild is still concerned about Jockey weight and the workman’s comp issue. Everyone is concerned about public relations and marketing and feels the commission needs to take more of a role in promoting our state.
Commissioner Radin attended the horsemen’s meeting on Friday night. There was discussion to see if there was interest of running at Idaho Falls and other options for horsemen to race this year. Commission Radin thought that there was mixed reviews on both sides and felt there was a census that they wanted to run in Idaho and would look at suggestions.
JOCKEY WEIGHT RULE CHANGE
Jack Baker discussed the Jockey Weight rule change along with neighboring states regarding over weights. The rule changes were written after the Washington State Racing Commission. This is just an addendum to the regular rule requiring the Clerk of Scales to give accurate weights and announce them to the public. This addendum only affects the fairs that have to search for local riders who tend to be higher in weight.
Commissioner Hunt motioned to approve the jockey weight change. Commissioner Radin seconded the motion. Motion approved.
Jack Baker discussed the rule change regarding milk shaking or bicarbonate testing. He asked the commissioners to consider a year without sanctions to see if there are abuses in Idaho. The rule was modeled from the California and Washington rules.
Mr. Art Suitter stated that the milk shake testing is needed in Idaho but it should have teeth in it. Jack Baker stated he had no problem of having sanctions effective immediately upon approval of the rules. Commissioner Hunt asked what the sanctions would be for violations. Jack Baker stated the first offense would not be as severe as the second but we could ask how the horsemen felt. It could be patterned after the surrounding states. Frank Edmonds felt the sanctions should be heavy enough and usually in the pocket book would be more effective. Chairman Steinley agreed the commission should be in compliance with the surrounding states. Alan Horowitz informed the commission on California’s nature of the program and penalties. This program can raise negative impacts on the industry. He questioned if the facilities have enough stalls to handle a large stable and to have enough penalty stalls? Jack Baker would encourage the stewards to test a violator every time the horse runs.
Commissioner Hunt motioned to approve the bicarbonate testing rules as read and proposed. Commissioner Radin seconded the motion. Motion carried.
UPDATE ON 2005 LES BOIS RACE SEASON
Jack Baker commented that Commissioner Radin has been very active in this issue and deferred to Commissioner Radin. Commission Radin stated that everyone wanted racing in Boise and all parties involved want to get it done. Chairman Steinely opened it up to the floor for comments.
Dan Kern ran horses here but does not anymore and asked as a citizen why did Ada County and the commission let it come to this point? We have no answer from anyone and someone needs to be held accountable and make sure it doesn’t happen again.
Art Suitter understands that the problem we have right now comes down to one thing. What is holding up the signature to the county? There is no need to go to other parts of the state when all it’s going to take is a signature. We were told in good faith it would be there. The people down at the track now have passed the commissions test, the county’s test and our test. Possession is nine tenths of the law; they are in possession right now. The county can give them the stewardship right now. Why can’t the commission give them a license and the county grant them a stewardship and give us a year to work things out?
Jenny Grunke states something as simplistic as just suggested, while that does sound wonderful, but stated leases are not that simple to break. The Attorney General’s Office opinion is the commission has no statutory authority to sue them civilly. We also have no administrative authority over them either. We can pursue a criminal investigation but it will take some time.
Cindy Woodington asked why the commission can’t sue them for the $31,000, a state issued check? If the commission can’t sue them who can?
Jenny Grunke the legislature did not give the commission statutory authority to go civilly after them. Misuse of state funds however is a criminal action so Ada County’s Prosecutors office has jurisdiction. The commission has asked for that.
John Bootsma felt he needed to set the record straight. The only reason Lanae is suing because she has the rightful lease on the track. He came to the racing commissioners last year and offered to buy the company and accept all liability and responsibility. He was talked out of it; the county commissioners would not meet, and was told by the commission that he did not want it. The county commissioners are requiring too much for Lanae to comply with in order to paint her as an incompetent operator.
Alan Horowitz stated did not want to justify anything that Mr. Bootsma said. Everything will come out in court.
Commissioner Hunt motioned for a recess for 10 minutes to acquire some security to keep the meeting in order. Commissioner Radin seconded the motion. Motion carried. Meeting recessed at 3:00 pm.
The meeting was reconvened at 3:10 pm.
Arnell Jones spoke on the operations of Les Bois Park. He did all the work on the track last year and did favors for lots of horsemen. They thought that it was sold but they do not want to give it away. They were willing to take a half of million dollars in the hole to get it sold. He asked everyone to look at the whole picture not just a part of it.
IDAHO FALLS RACE DATES
Jack Baker explained that earlier this year Sandy Downs requested the race dates of July if nothing happened at Les Bois Park this year. If Les Bois Park did open then Larry Chapple would like to move his dates to September.
SARATOGA WEST – ROSS YEAROUT
Ross Yearout and Colt Cartwright from Pleasant View Enterprises of Coeur d’Alene came to present an idea for an equine center in Northern Idaho. The main theme of this idea is horses and are currently looking at 3 different locations.
HB 85AA SIGNED INTO LAW
Jacki Libengood spoke on HB 85 which changes the due date for the commissions’ annual reports and requires financial statements from licensees. Every licensed operator must submit this information every year with a possibility of sanctions for non-compliance. Chairman Steinley suggested that a copy of the information be forwarded to the county financial office since most of the small tracks are run by the county.
OTHER APPROPRIATE BUSINESS
Chairman Steinley spoke on HB 1074 which passed the legislature and allows the simulcast facility in Post Falls to move to a different location in Kootenai County.
Mike Scudder discussed the possibility of running the Bitterroot races non pari-mutuel at Les Bois Park or at the Sandy Downs race track. Clayton Russell was to discuss the possibility with Lanae Jones for running the races at Les Bois Park. Alan Horowitz stated Capital Racing is in support if the horsemen want to run the Idaho Cup races at Sandy Downs. Mike Scudder stated the Bitterroot can not be canceled and needs to be run on the scheduled date and have the other stakes races being ran at Idaho Falls. Commissioner Hunt stated that the commission is looking and going back to the legislature to give us more latitude in the future.
Commissioner Hunt motioned to recess until Clayton Russell arrived. Commissioner Radin seconded the motion. Meeting recessed at 3:27 pm.
Meeting reconvened at 4:30 pm.
Clayton Russell discussed the contract drawn to give approval from Lanae to use the facility to run the Bitterroot as non pari-mutuel. The Quarter Horse Association will carry all the insurance and liability for the races. They already have approval from the county to do so. Commission Radin went to see the county commissioners and was informed from the office manager that it is up to Lanae as she is the lease holder. Clayton Russell asked if they needed approval from the commission to proceed? Jack Baker informed Clayton there are six items required to get a license. The items required is a contract with the lease holders, adequate liability insurance for the jockeys, proof of purse moneys for trials and finals, track surface approved by the board of stewards for safety, track security for the horses stabled there and the dates would only be for the 14th, 15th for the trials with the 29th being the final. Clayton Russell stated they have already contacted their insurance company and have arraigned with Capital Racing on using their equipment. Commissioner Radin asked who would provide the ambulance, gate crew, and valets. Clayton responded that he has been in contact with Kenny McReynolds in regards to those areas. By the time the approval is done everything will be in place. The cost for the IQHA would be around $30,000. Jack Baker stated the test barn, stewards, and photo finish will be furnished by the commission.
Commissioner Hunt motioned that the commission grant a license if all conditions are met; Ada County agrees in writing that Lanae is the lease holder and has the authority to enter into this agreement with Idaho Quarter Horse Association Racing Division, and all the conditions that Jack put forward; the insurance, the track conditions, the purses monies, the state contract. The commission agrees to provide for services as required. Commissioner Radin seconded the motion. Motion carried.
Commissioner Hunt motioned to adjourn the meeting. Commissioner Radin seconded. Meeting adorned at 4:45 pm.
MOTIONS APPROVED:
Commissioner Hunt motioned to approve the minutes for April 6, 2005, December 1, 2004 and October 27, 2004. Commissioner Radin seconded the motion. Motion carried.
Commissioner Hunt motioned to approve the jockey weight change. Commissioner Radin seconded the motion. Motion approved.
Commissioner Hunt motioned to approve the bicarbonate testing rules as read and proposed. Commissioner Radin seconded the motion. Motion carried.
Commissioner Hunt motioned for a recess for 10 minutes to acquire some security to keep the meeting in order. Commissioner Radin seconded the motion. Motion carried. Meeting recessed at 3:00 pm.
The meeting was reconvened at 3:10 pm.
Commissioner Hunt motioned to recess until Clayton Russell arrived. Commissioner Radin seconded the motion. Meeting recessed at 3:27 pm.
Meeting reconvened at 4:30 pm
Commissioner Hunt motioned that the commission grant a license if all conditions are met; Ada County agrees in writing that Lanae is the lease holder and has the authority to enter into this agreement with Idaho Quarter Horse Association Racing Division, and all the conditions that Jack put forward; the insurance, the track conditions, the purses monies, the state contract. The commission agrees to provide for services requested. Commissioner Radin seconded the motion. Motion carried.
Commissioner Hunt motioned to adjourn the meeting. Commissioner Radin seconded. Meeting adorned at 4:45 pm.