Minutes of the Meeting Held

December 1, 2009

The Delaware Harness Racing Commission met for a meeting at Dover Downs

Dover, Delaware at 10:15 a.m. on Tuesday, December 1, 2009

Commission Members Present

Beth Steele, Chairman	George P. Staats, Commissioner
Robert B. Brown, Commissioner	Larry Talley, Commissioner
Patt Wagner , Commissioner

Others Present

James Boese, Harrington Raceway	Brian Manges, Chief Investigator
Charles Lockhart, VP of Horse Racing, D. Downs	Scott Egger, Presiding Judge
Salvatore Di Mario, Executive Director, DSOA	Hugh Gallagher, Administrator
Andrew Kerber, Deputy Attorney General	Keith Jackson, Horseman –Trainer
Emily Galloway, DHRC Vet	Gene Lankford, Del Pointe
Annie Renzetti, DHRC Vet	Karen F. Craft, Harrington Raceway
Kevin Baird, Baird & Mandalas	Marv Bachrad, Dover Downs
Joe Strug, Dalare Lab Director
Betty Ann Davis, DHRC Personnel	Donna Dowd-Krol, DHRC Personnel

Call to Order/Welcome	Chairman Steele called the public session of the meeting to order at 10:23 a.m. and welcomed those in attendance.
Approval of Minutes Old Business New Business REPORTS: Racing Administrator Judge’s Report Chief Veterinarian Investigator’s Report Public Comment Executive Session Public Session	Commissioner Brown moved to approve the November 3, 2009 DHRC Minutes as written. Chairperson Steele seconded. The motion passed unanimously. None Andrew Kerber addressed the proposed change to Rule 10.3.13.1. The Racing Administrator handles most of the appeals and then proceeds to the Commission for approval. Due to time constraints and schedules, this sometimes does not happen within the 30 day ruling. Sal Di Mario and Andrew spoke on this matter, the rule will be changed solely from 30 to 60 days to accommodate any potential time conflicts. Motion by Commissioner Talley to approve, seconded by Commissioner Staats. Change to Rule 10.3.13.1 will now be processed to go to the go to the Register of Regulations. Announced: Rules Committee Meeting will be January 19,2010. Paddock Passes - In the past , paddock passes have been issued by the Licensing Department at the Track. Hugh Gallagher noticed that numerous passes were issued at the Harrington Meet. Hugh Gallagher held a meeting with Judge , Scott Egger, Brian Manges and B.A. Davis. It was decided at that meeting that no visitor passes should be issued. Hugh Gallagher is concerned that we do not have the authority by DHRC rules to issue passes. Reference - DHRC Rule 5.1.2.5. Track Security issue day passes at Delaware Park. Charles Lockhart of Dover Downs feels that the Paddock is a restricted Area therefore in his opinion the DHRC should oversee the day passes. Commissioner Brown asked who is responsible if a person on a day pass gets hurt ? The person who brought the visitor in would be responsible, not the DHRC. Brian Manges noted that in the last 18 months 700 passes were issued Chairperson Steele asked how many of the 700 were duplicates ? Brian Manges did not know the answer, that information was not tracked Judge Egger suggested no more than 2 per month for the same individual. Hugh Gallagher noted that day passes are not to be used for occupational purposes. Grooms were unlicensed and using day passes at Harrington, when we moved to Dover and stopped the day passes there were 32 requests in a 48 hour period. Sal Di Mario stated that repeat offenders should have a valid license. Hugh Gallagher added that he paddock area is very active – our concern is #1 The Rule 5.1.2.5 and #2 , exposure and liability. The paddock should be a place that is restricted for the night’s business. Hugh Gallagher also stated that he believes that it is far better to introduce a new owner to horse racing at the farm or training center. None of those things can be done at the track. Keith Jackson a horseman spoke: Most owners that come to the track have already been to the farm and training center. It should be the Trainers responsibility to stay with that person. Hugh Gallagher asked if a trainers insurance would cover an injury, Keith stated that yes, his would and that he has requested 2 day passes for owners in the last 2 months. Keith Jackson also noted that at most tracks the drivers “companion” is allowed in the paddock, Hugh Gallagher disagrees – he does not think the paddock is the place for a bystander. He feels strongly that the Paddock is a place that should be reserved for workers, not a social setting because of the close proximity to the horses. Sal Di Mario suggests that the data from the past 18 months be reviewed for repeat offenders, Hugh Gallagher will review the list that Brian Manges has and process the new data findings. Commissioner Talley noted that the rule states that the track security has the obligation. Hugh Gallagher replied that the DHRC has the regulatory oversight. Delaware Park Security issues the day passes in Thoroughbred Racing, DHC has the long history of issuing day passes. Charles Lockhart noted that the Commission has issued the passes since 1973. Dover Downs does not wish to issue the day passes , he suggests that this go to the Rules Committee meeting in January – Dover Downs is concerned with the liability issue of people on day passes.. Chairman Steele proposes that the issue go to the Rules Committee on January19th, until then no day passes will be issued. Commissioner Talley motions no day apsses issued until the January Rules Committee meeting – all Commissioners voted no day passes until further discussion at the Rules Committee in January 2010. Introduced new Commissioner Patt Wagner. No further new business. Important development in the article written by Tom LaMarra regarding testing for blood-doping agent that has been developed. Article concerns Cera, a blood doping agent. Joe Strug from Dalare was present at the meeting and discussed the procedure for this new testing. 1-Initial Screen, 2- More specific testing 3- send out to lab for final test 4- legal prosecution . Testing was developed in Switzerland , used in Europe and is now in Canada for HUMAN USE. It has not been approved for Human use in the United States . Veterinarians’ cannot obtain this substance, only Medical Doctors, so it must be obtained by underground means . The blood doping agent allows the horse to go longer & faster because it builds up the blood. However it has been found that after months of use, it burns out the bone marrow. It attacks the system because it is intended for human not equine use. Excess red blood cells clog the system and the horse dies. New Whipping Rules go in to effect after December 11th – Judges to review and let drivers know of Rule changes. Only had 2 reported whipping incidents for the month of November, all else is well. Nothing to report. No public Comment Adjourned to Executive Session at 11:24 am Chairman Steele motion to adjourn @ 12:31pm, Commissioner Brown seconded the motion – all in favor - executive session adjourned. Commissioner Brown motion to adjourn public session at 12:32 pm, Chairperson Steele seconded – all in favor – public session adjourned at 12:32pm