agenda - ohrc · 16 17 . methocarbamol: 1 ug/ml plasma/serum. 17 18 . pyrilamine: 50 ng/ml...

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OKLAHOMA HORSE RACING COMMISSION RAN LEONARD, CHAIR BRANDON BURTON, ESQ., VICE-CHAIR MEL BOLLENBACH, SECRETARY JIM BOWERS, MEMBER BECKY GOUMAZ, MEMBER STANTON HARRELL, ESQ., MEMBER PHILLIP KIRK, MEMBER JOE LUCAS, MEMBER KEITH SANDERS, MEMBER AGENDA Regularly Scheduled Meeting Thursday, November 21, 2013, 9:30 a.m. Meeting Location: Track North at Remington Park Racetrack and Casino [PLEASE ENTER AT GAMING ENTRANCE] One Remington Place Oklahoma City, OK 73111 Address of the: OKLAHOMA HORSE RACING COMMISSION 2401 NW 23 rd Street, SUITE 78 OKLAHOMA CITY, OKLAHOMA 73107 (Located In SHEPHERD MALL, N.W. 23 rd Street & Villa Avenue) TELEPHONE: (405) 943-6472; FAX: (405) 943-6474 E-MAIL: OHRC@SOCKET.NET; WEBSITE: WWW.OHRC.ORG AGENDA POSTED IN ACCORDANCE WITH THE OKLAHOMA OPEN MEETING ACT All customers who attend public meetings of the Commission who need special accommodations, i.e., Sign Language Interpreter, amplification device, large print materials, Braille materials, audio cassette materials, readers or other special accommodations must notify the Commission by the deadline date and time for acceptance of agenda requests.

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Page 1: AGENDA - OHRC · 16 17 . Methocarbamol: 1 ug/ml plasma/serum. 17 18 . Pyrilamine: 50 ng/ml serum/plasma plasma/serum . 18 19 . Procaine Penicillin: 25 ng/ml serum/plasma plasma/serum

OKLAHOMA HORSE RACING COMMISSION

RAN LEONARD, CHAIR

BRANDON BURTON, ESQ., VICE-CHAIR MEL BOLLENBACH, SE CRETARY JIM BOWERS, MEMBER BECKY GOUMAZ, MEMBER STANTON HARRELL, ESQ., MEMBER PHILLIP KIRK, MEMBER JOE LUCAS, MEMBER KEITH SANDERS, MEMBER

AGENDA

Regularly Scheduled Meeting Thursday, November 21, 2013, 9:30 a.m.

Meeting Location:

Track North at Remington Park Racetrack and Casino [PLEASE ENTER AT GAMING ENTRANCE]

One Remington Place Oklahoma City, OK 73111

Address of the:

OKLAHOMA HORSE RACING COMMISSION 2401 NW 23rd Street, SUITE 78

OKLAHOMA CITY, OKLAHOMA 73107 (Located In SHEPHERD MALL, N.W. 23rd Street & Villa Avenue)

TELEPHONE: (405) 943-6472; FAX: (405) 943-6474 E-MAIL: [email protected]; WEBSITE: WWW.OHRC.ORG

AGENDA POSTED IN ACCORDANCE WITH THE OKLAHOMA OPEN MEETING ACT

All customers who attend public meetings of the Commission who need special accommodations, i.e., Sign Language Interpreter, amplification device, large print materials, Braille materials, audio cassette materials, readers or other special accommodations must notify the Commission by the deadline date and time for acceptance of agenda requests.

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Regularly Scheduled Meeting Oklahoma Horse Racing Commission November 21, 2013 AGENDA

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CALL TO ORDER………………………………………………...Mr. Leonard, Chai r ROLL CALL.…………………………………………….………...Mr. Leonard, Chai r BUSINESS.………………………..…………………….………...Mr. Leonard, Cha ir A. MINUTES

The drafted Minutes of the October 17, 2013 Regularly Scheduled Commission Meeting [Item A.1] will be considered for approval.

THE FOLLOWING MATTERS ARE PRESENTED FOR CONSIDERATI ON AND ACTION, IF ANY, DEEMED APPROPRIATE BY THE COMMISSIO N. B. Continued Deliberation Regarding Fair Meadows at Tulsa’s CY 2014

Racing and Gaming License Applications

At the October 17, 2013 meeting, Mr. Ron Shotts, Director of Racing at Fair Meadows at Tulsa [FMT], presented FMT’s applications for CY 2014 racing and gaming licenses. Commissioners, Commission Staff and Commission Counsel asked questions. The Commission then took preliminary action to award CY 2014 racing and gaming licenses to Fair Meadows at Tulsa and allot CY 2014 live race dates. The Commission also directed Commission Staff to draft proposed License Orders for consideration in continued deliberation at the next Commission meeting. The drafted racing and gaming license Orders have been distributed to the Commissioners. POSSIBLE EXECUTIVE SESSION FOR RACING AND COMPANION GAMING LICENSE APPLICATIONS Pursuant to 75 O.S. § 312, 25 O.S. § 307(B)(8) and 311 (B)(1), an Executive Session is proposed for continued deliberation in an individual proceeding regarding CY 2014

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Regularly Scheduled Meeting Oklahoma Horse Racing Commission November 21, 2013 AGENDA

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organization license [racing] and companion gaming applications from Fair Meadows at Tulsa. 1. Motion and Vote to Go Into Executive Session for the Purpose Stated

Above 2. Vote to Reconvene in Open Session Possible Action:

Possible actions may include: taking no action, taking final action to allot CY 2014 live race dates and adopt the drafted CY 2014 racing and companion gaming license Orders, amending the drafted Orders, or continuing deliberation to a future Commission meeting.

C. Continued Deliberation on Appeals of James Jones , Trainer, and Referral by Board of Stewards at Will Rogers Downs

At the October 17, 2013 meeting, the Commission conducted an Appeal Hearing regarding three Board of Stewards’ Orders 12-WRD-019, 12-WRD-026 and 12-WRD-027, which found that Mr. James Jones was in violation of Rule 325:35-1-5, Trainer Responsibility, and Rule 325:45-1-4, Drugs or Medication, for each of three (3) horses under his care and custody testing positive for the drug Dermorphin following races at Will Rogers Downs. Each horse was disqualified and listed as unplaced in the order of finish. The Board of Stewards referred the cases to the Commission with the recommendation that the Commission examine the Findings of Fact and Conclusions of Law and assess a suspension greater than one (1) year and a fine greater than $2,500 for each case. After hearing arguments from Mr. Matt DeVilliers, Counsel for Mr. Jones, and Ms. Mary Ann Roberts, Counsel for the Board of Stewards; questioning by Commissioners, Commission Counsel and Commission Staff and deliberating, the Commission took preliminary action to affirm the Board of Stewards’ Orders on Mr. James Jones and set punishment as a fine of $10,000 per case for a total of $30,000 and a suspension of ten (10) years per case to run concurrently [for an effective total of ten (10) years]. The Commission also directed Commission Counsel to draft a proposed Order with Findings of Fact and Conclusions of Law for consideration in continued deliberation at a future Commission meeting. The drafted Order has been distributed to the Commissioners.

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Regularly Scheduled Meeting Oklahoma Horse Racing Commission November 21, 2013 AGENDA

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Possible Executive Session Pursuant to 75 O.S. § 312, 25 O.S. § 307 (B)(8) and 311 (B)(1), an Executive Session may be proposed for the purpose of continued deliberation in an ind ividual proceeding regarding Mr. James Jones’s appeals of t hree (3) Stewards’ Orders and referral by the Board of Stewards to the Commis sion. 1. Motion and Vote to Go Into Executive Session for the Purpose Stated

Above 2. Vote to Reconvene in Open Session Possible Action: Possible action may include, but is not limited to: taking no action, taking final action, or continuing the matter.

D. Will Rogers Downs’s Request to Amend Its CY 2014 Live Race Dates for the Thoroughbred Race Meeting

At the October 17, 2013 meeting, Mr. Jesse Ullery, Racing Secretary at Will Rogers Downs [WRD], advised the Commission of the possibility of WRD requesting amendments to its CY 2014 Thoroughbred race meeting dates. Item D.1 is a November 7, 2013 e-mail from Mr. Ullery, requesting an amendment to the live race dates. In its renewal license application, WRD proposed that the Thoroughbred race meeting would be conducted on Monday and Tuesday for the first week and then expanded to Mondays, Tuesdays, Wednesdays and Saturdays for the rest of the race meeting. The proposed amendment requests the live race days to be held on Saturdays, Mondays and Tuesdays. Mr. Ullery’s e-mail also advised that the specific start date and total number of race days were still being negotiated with the Thoroughbred Racing Association of Oklahoma with the expectation that the negotiations would be complete with a finalized calendar ready for consideration at the Commission’s November meeting.

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Regularly Scheduled Meeting Oklahoma Horse Racing Commission November 21, 2013 AGENDA

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Possible Action: Possible action may include, but is not limited to: taking no action, approving the request, disapproving the request or continuing the matter.

E. Proposed Amendments to Directive on Commission-S anctioned Thresholds The Ad Hoc Committee on Medications met on September 17, 2013 and forwarded the following recommended amendments to the Directive on Commission-Sanctioned Thresholds for Commission consideration. Item E.1 contains the Directive on Commission-Sanctioned Thresholds with the proposed language changes. NOTE TO READER: Proposed deletions are shown in t he double strikethrough font; proposed additions are shown in the bold and underline fonts. 1. Pages 1-2, List of Permitted Therapeutic Medicat ions

Proposed changes include adding the drug Firocoxib with a level of 20 ng/ml in blood and an effective date of January 1, 2014 to the list of Non-Steroidal Anti-Inflammatory Drugs; re-numbering the rest of the therapeutic medications; deleting the 2008 effective date for Flunixin; and correcting the term ‘serum/plasma’ to read ‘plasma/serum’ as follows: (a) Non-Steroidal Anti-Inflammatory Drugs

1. Diclofenac: 5 ng/ml plasma/serum. 2. Firocoxib: 20 ng/ml plasma/serum effective 1/1/1 4. 2 3. Flunixin: 100 ng/ml plasma/serum effective 6/2/08. 3 4. Ketoprofen: 100 ng/ml plasma/serum. 4 5. Naproxen: 750 ng/ml plasma/serum.

(b) Corticosteroid Drugs

5 6. Dexamethasone: 1.5 ng/ml plasma/serum. 6 7. Methylprednisolone: 2 ng/ml plasma/serum. 7 8. Triamcinolone Acetonide: 1 ng/ml plasma/serum.

(c) Other Drugs

8 9. Acepromazine: negative/LOD*.

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Regularly Scheduled Meeting Oklahoma Horse Racing Commission November 21, 2013 AGENDA

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9 10. Albuterol: 1 ng/ml plasma/serum. 10 11. Clenbuterol: 0.025 ng/ml [25 pg/ml] plasma/serum.

11 12. Dantrolene: 100 ng/ml plasma/serum. 12 13. Detomidine: negative/LOD* 13 14. DMSO: 1 ug/ml plasma/serum.

14 15. Dipyrone: 1 ug/ml plasma/serum. 15 16. Mepivacaine: negative/LOD*. 16 17. Methocarbamol: 1 ug/ml plasma/serum. 17 18. Pyrilamine: 50 ng/ml serum/plasma plasma/serum . 18 19. Procaine Penicillin: 25 ng/ml serum/plasma plasma/serum . 19 20. Salicylic Acid: 6.5 ug/ml serum/plasma plasma/serum .

2. Page 2, List of Therapeutic Medications Proposed changes include amending the current “stacking” section with a January 1, 2014 effective date and correcting the term ‘serum’ to read ‘plasma/serum’ as follows:

The use of these therapeutic medications and as well as Phenylbutazone is subject to the following additional conditions effective January 1, 2014 : 1. the presence of more than two permitted non-steroidal anti-

inflammatory drugs in the post-race serum plasma/serum is prohibited; and OR

2. the presence of more than two permitted corticosteroids in

the post-race serum plasma/serum is prohibited; OR 3. the presence of more than one permitted non-ster oidal

anti-inflammatory drug and more than one corticosteroid in the post-race plasma/serum is prohibited .

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Regularly Scheduled Meeting Oklahoma Horse Racing Commission November 21, 2013 AGENDA

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3. Page 4, (5), Salix [Furosemide] and Bute [Phenyl butazone], a Non-Steroidal Anti-Inflammatory Drug The proposed change is to correct the term ‘plasma’ to read ‘plasma/serum’ as follows:

The following two rules in OHRC Rules of Racing reflect the acceptable level of Furosemide [Salix] and Phenylbutazone [Bute], respectively:

Rule 325:45-1-9, Furosemide (Salix) Use Without Detention Barn

(2) The Commission has established a post race plasma plasma/serum concentration level not to exceed 100 ng/ml of Furosemide (Salix].

Rule 325:45-1-22, Phenylbutazone Use

(2) The permitted quantitative test level of Phenylbutazone shall not exceed 5 micrograms (ug) per milliliter (ml) of plasma plasma/serum .

Possible Action: Possible action may include, but is not limited to: taking no action; adopting the recommendations, in whole or in part; deciding not to adopt the recommendations; adopting a modified version; or continuing the matter.

F. Proposed Opening of the Permanent Rulemaking Pro cess to Consider Repeal of Rule 325 :45-1-28, Report of Treatment: Procaine Penicillin Administration, in the OHRC Rules of Racing As Proposed by Ad Hoc Committee on Medications The Ad Hoc Committee on Medications recommends that the Commission consider repealing Rule 325:45-1-28, Report of Treatment: Procaine Penicillin Administration, which rule was added in CY 2009 to assist Trainers in using the therapeutic medication.

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Regularly Scheduled Meeting Oklahoma Horse Racing Commission November 21, 2013 AGENDA

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The current regulatory language of Rule 325:45-1-28, Report of Treatment: Procaine Penicillin Administration, reads as follows:

The efficacious nature of Procaine Penicillin shall permit its use as a therapeutic medication. A Trainer or his Veterinarian shall submit, prior to post time of the first race on the day of the race, a report to the Official Veterinarian that the horse participating on that day’s race card has been previously treated with a Procaine Penicillin administration. The report must contain the Procaine Penicillin administration, treatment dates, dosage, name and tattoo number of the horse, Trainer’s name and race date. The presence of Procaine Penicillin in the post race sample of a participating horse is permitted under the following conditions: (1) Report of treatment is properly filed with the Official Veterinarian. (2) The treated horse is presented, prior to the first race, to the Official Veterinarian in order to draw an adequate blood sample for testing. (3) The pre-race blood/serum sample shall be tested and compared to the post-race blood/serum sample. The pre-race sample shall not exceed the Commission-sanctioned levels for thresholds. Should the pre-race sample levels be reported by the official testing laboratory as equal to or greater than the post-race levels, there shall be no positive affidavit filed by the laboratory. (4) Should the post-race sample levels exceed the pre-race levels by an amount not sanctioned by the Commission, the sample shall be treated as being in violation of the rules of this Chapter. A positive affidavit will be issued by the laboratory. The Stewards may use mitigating factors in their decision to impose disciplinary action against the Trainer, horse or other parties found to have been in violation of this Chapter. The cost of pre-race testing shall be the responsibility of the Owner of the treated horse.

The repeal of the rule would make it clear that the use of Procaine Penicillin as a therapeutic medication includes an assumption of risk by Owners and Trainers as cited in the Directive on Commission-Sanctioned Thresholds as follows:

(7) Owner’s and Trainer’s Assumption of the Risk.

In an effort to allow horses that have been treated with specified therapeutic medications to race, the Commission has replaced its no tolerance standard for those medications with Commission-Sanctioned Thresholds. As specified above, under this Directive, a specified therapeutic medication may be used if two (2) conditions are met:

1. The medication must be administered at least 24 hours prior

to post time of the race in which the horse is entered, and

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Regularly Scheduled Meeting Oklahoma Horse Racing Commission November 21, 2013 AGENDA

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2. The post-race concentration level of the medication in the horse’s plasma/serum cannot exceed the Commission-Sanctioned Threshold for the medication.

While the Commission established thresholds are based on

scientific studies, there is no guarantee that administration of an allowed therapeutic medication twenty-four (24) hours prior to post time will result in a concentration level of the medication that complies with Commission-Sanctioned Thresholds, as the condition of the horse, the horse’s metabolism, the route of drug administration, the dosage of the drug administered, and other factors may affect the post-race levels of the medication in the horse’s plasma or serum. Accordingly, owners and trainers who use a permitted therapeutic medication assume the risk that, even if the drug is administered twenty-four (24) hours prior to post time, the concentration level of the medicatio n in the horse’s plasma or serum may, nevertheless, exceed the Commi ssion-Sanctioned Threshold for the medication.

Possible Action:

Possible action may include, but is not limited to: taking no action; approving the beginning of the permanent rulemaking procedure to repeal the rule as proposed, or as modified at the meeting, by authorizing publication in The Oklahoma Register and scheduling of a Public Hearing; or continuing the matter.

G. Proposed Opening of the Permanent Rulemaking Pro cess to Consider Rule Amendments of the OHRC Rules of Racing As Proposed by Commission Staff

1. Ms. Mary Ann Roberts, Staff Attorney, recommends amendments to the following two racing rules to change the term ‘plasma’ to ‘plasma/serum’ to be consistent within the rules as well as the Directive on Commission-Sanctioned Thresholds:

NOTE TO READER: Proposed deletions are shown in t he double strikethrough font; proposed additions are shown in the bold and underline fonts.

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Regularly Scheduled Meeting Oklahoma Horse Racing Commission November 21, 2013 AGENDA

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Rule 325:45-1-9. Furosemide (Salix) Use without De tention Barn The use of Furosemide (Salix) shall be permitted under the following conditions: (1) The dose shall be administrated intravenously. (2) The Commission has established a post race plasma plasma/serum concentration level not to exceed 100 ng/ml of Furosemide (Salix). (3) Any treated horse may be subject to having a blood and/or urine sample taken at the direction of the Official Veterinarian to determine the quantitative Furosemide (Salix) levels and/or the presence of other drugs which may be present in the blood or urine sample. The cost of such testing shall be at the expense of the Owner. (4) The permitted quantitative Furosemide (Salix) level (tolerance level) shall not exceed the tolerance level established by Commission directive [3A:205.2(H)]. Said directive shall be conspicuously posted within the enclosure by the Official Veterinarian. (5) The Stewards shall impose a fine of Five Hundred Dollars ($500.00) for any Trainer in violation of this Section for a first time offense. For a second time offense involving the same horse in a one (1) year period for violation of this Section, the Stewards shall impose a fine of Dollars ($1,000.00) unless the Trainer was not notified of the first offense prior to the horse running the second time, in which case the Stewards shall impose a fine of Five Hundred Dollars ($500.00). The Stewards shall impose a fine of Two Thousand Five Hundred Dollars ($2,500.00) and may suspend for up to one year the license of any person for a third time violation within a one (1) year period of this Section involving the same horse. When a Trainer has a third violation within a one (1) year period, the horse shall be disqualified and the Owner or Owners of such horse shall not participate in any portion of the purse or stakes; and any trophy or other award shall be returned unless the Trainer was not notified of the second offense prior to the horse running the third time, in which case the Stewards shall impose a fine of Two Thousand, Five Hundred Dollars ($2,500.00).

325:45-1-22. Phenylbutazone Use The use of Phenylbutazone shall be permitted under the following conditions: (1) Any horse to which Phenylbutazone has been administered shall be subject to having a blood and/or urine sample(s) taken at the direction of the Official Veterinarian to determine the quantitative Phenylbutazone level(s) and/or the presence of other drugs which may be present in the blood or urine sample(s). The cost of such testing

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Regularly Scheduled Meeting Oklahoma Horse Racing Commission November 21, 2013 AGENDA

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shall be at the expense of the horse Owner. (2) The permitted quantitative test level of Phenylbutazone shall not exceed 5 micrograms (ug) per milliliter (ml) of plasma plasma/serum . (3) The Stewards shall impose a fine of Five Hundred Dollars ($500.00) for violation of paragraph (2) of this Section if the result of quantitative testing exceeds 5 micrograms (ug) per milliliter (ml) of plasma plasma/serum but not greater than 10 micrograms (ug) per milliliter (ml) of plasma plasma/serum . In the event any Trainer violates paragraph (2) of this Section not exceeding 10 micrograms per milliliter of plasma plasma/serum five (5) or more times within a one (1) year period, that Trainer shall be subject to a One Thousand Dollar ($1,000.00) fine. If the result of quantitative testing of the sample(s) exceed 10 micrograms (ug) per milliliter (ml) of plasma plasma/serum , the Stewards shall impose a fine of One Thousand Dollars ($1,000.00); and the Owner or Owners of such horse shall not participate in any portion of the purse or stakes; and any trophy or other award shall be returned. For a second-time offense for violation of greater than 10 micrograms (ug) per milliliter (ml) of plasma plasma/serum , the Stewards shall impose a fine of Two Thousand, Five Hundred Dollars ($2,500.00); and the Owner or Owners of such horse shall not participate in any portion of the purse or stakes; and any trophy or other award shall be returned; and if the second-time offense is on the same horse within a one (1) year period, the Stewards shall impose a fine of Two Thousand, Five Hundred Dollars ($2,500.00) and may suspend the Trainer for up to thirty (30) days; and the Owner or Owners of such horse shall not participate in any portion of the purse or stakes; and any trophy or other award shall be returned. Penalties for third time and subsequent violations on the same horse shall be assessed by the Stewards to include fines not to exceed Two Thousand Five Hundred Dollars ($2,500.00) per person per violation, suspension of a license for up to one year, revocation of a license, ordering that a person be ineligible to hold a license, referral of the matter to the Commission with or without recommendation, or any combination of these assessments. (4) If within one (1) year, any Licensee violates paragraph 3 of this Section by exceeding 10 ug/ml of plasma plasma/serum five (5) times or more, the Stewards shall refer that Licensee to the Commission for disciplinary action.

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Regularly Scheduled Meeting Oklahoma Horse Racing Commission November 21, 2013 AGENDA

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Possible Action: Possible action may include, but is not limited to: taking no action; approving the beginning of the permanent rulemaking process to amend the rules as proposed, or as modified at the meeting, by authorizing publication in The Oklahoma Register and scheduling of a Public Hearing; or continuing the matter.

2. In CY 2009, the Commission adopted a new rule, Rule¨325:75-1-12.1,

Application Requirements, Categories and Fees for Thoroughbreds, Beginning with an Effective Date of January 1, 2010, that included a new fee, the yearly re-certification fee for Thoroughbred Stallions.

Ms. Tara Teel, Oklahoma-Bred Registrar, recommends amendments to the following two rules to address the yearly re-certification of Thoroughbred Stallions. A. Add a definition for the re-certification of Thoroughbred stallions to Rule

325:75-1-2, Definitions, as follows:

NOTE TO READER: Proposed additions are shown in t he bold and underline fonts.

“Stallion Re-certification” means completing a recertification application annually for Thoroughbr ed stallions that were previously accredited in the St allion Registry.

B. Ms. Teel also recommends a new section regarding Thoroughbred

Stallion Re-certification in Rule 325:75-1-3, Definition of Accredited Oklahoma-Bred Thoroughbred, as follows: NOTE TO READER: Proposed additions are shown in t he bold and underline fonts.

(1)(C), Yearly Re-Certification Fee. The Owner o f the Stallion must pay a yearly re-certification fee. If paid prior to February 1, the fee is $25.00; after Febru ary 1

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Regularly Scheduled Meeting Oklahoma Horse Racing Commission November 21, 2013 AGENDA

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but before June 30, the fee is $50.00. If the yea rly fee is paid after June 30, the yearly fee is $400.00. If the Stallion is not re-certified, the horse loses its accreditation in the Oklahoma-Bred Stallion Registr y, and the Owner is ineligible for stallion awards for all foals resulting from that breeding season.

Possible Action: Possible action may include, but is not limited to: taking no action; approving the beginning of the permanent rulemaking process to amend the rules as proposed, or as modified at the meeting, by authorizing publication in The Oklahoma Register and scheduling of a Public Hearing; or continuing the matter.

3. Commission Staff recommends amending Rule 325:65-1-44, Pools Dependent

Upon Betting Interests, regarding Option 7, in which the racetrack would be allowed to prohibit Trifecta wagering with six (6) or fewer betting interests scheduled to start, rather than six (6) or more interests, as shown below:

NOTE TO READER: Proposed deletions are shown in t he double strikethrough font; proposed additions are shown in the bold and underline fonts.

Unless the Commission otherwise provides, at the time the pools are opened for wagering, the Organization Licensee: (1) may offer win, place, and show wagering on all contests with six (6) or more betting interests. (2) may be allowed to prohibit show wagering on any contest with five (5) or fewer betting interests scheduled to start. (3) may be allowed to prohibit place wagering on any contest with four (4) or fewer betting interests scheduled to start. (4) may be allowed to prohibit Quinella wagering on any contest with three (3) or fewer betting interests scheduled to start. (5) may be allowed to prohibit Quinella Double wagering on any contests with three (3) or fewer betting interests scheduled to start. (6) may be allowed to prohibit Exacta wagering on any contest with three (3) or fewer betting interests scheduled to start.

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Regularly Scheduled Meeting Oklahoma Horse Racing Commission November 21, 2013 AGENDA

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(7) may be allowed to prohibit Trifecta wagering on any contest with six (6) or more fewer betting interests scheduled to start. (8) may be allowed to prohibit Superfecta wagering on any contest with seven (7) or fewer betting interests scheduled to start. (9) may be allowed to prohibit Twin Quinella wagering on any contests with three (3) or fewer betting interests scheduled to start. (10) shall prohibit Twin Trifecta wagering on any contests with seven (7) or fewer betting interests scheduled to start. (11) shall prohibit Tri-Superfecta wagering on any contests with seven (7) or fewer betting interests scheduled to start. (12) shall prohibit Twin Superfecta wagering on any contests with seven (7) or fewer betting interests scheduled to start. (13) may be allowed to prohibit Show Quinella wagering on any contest with four (4) or fewer betting interests scheduled to start. (14) may be allowed to prohibit Exacta (n) wagering on any contest with three (3) or fewer betting interests scheduled to start.

Possible Action: Possible action may include, but is not limited to: taking no action; approving the beginning of the permanent rulemaking process to amend the rule as proposed, or as modified at the meeting, by authorizing publication in The Oklahoma Register and scheduling of a Public Hearing; or continuing the matter.

H. Recommendations from Oklahoma-Bred Advisory Coun cil

The Oklahoma-Bred Advisory Council met on November 6, 2013 and forwarded the following funding recommendations from the Oklahoma Breeding Development Fund Special Account for Commission consideration: 1. Thoroughbred Racing Association of Oklahoma’s Fu nding Request for CY

2014 Thoroughbred Stakes Races at Will Rogers Downs

In an October 29, 2013 letter [Item H.1] from Ms. Danielle Barber, Executive Director, Thoroughbred Racing Association of Oklahoma [TRAO], and Mr. Jesse Ullery, Racing Secretary at Will Rogers Downs [WRD], TRAO and WRD request that Oklahoma-Bred funds be added to the following eight stakes races to be run

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Regularly Scheduled Meeting Oklahoma Horse Racing Commission November 21, 2013 AGENDA

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during WRD’s CY 2014 Thoroughbred race meeting with a payout percentage breakdown of 50/30/20 to the top three finishers, totaling $80,000:

Purse Broodmare Stallion Supplements Awards Awards Total

Classic Sprint $ 5,000 $ 3,400 $ 1,600 $10,000 Classic Distaff Sprint $ 5,000 $ 3,400 $ 1,600 $10,000 Clem McSpadden $ 5,000 $ 3,400 $ 1,600 $10,000 Wilma Mankiller $ 5,000 $ 3,400 $ 1,600 . $10,000 OK Stallion Colts $ 5,000 $ 3,400 $ 1,600 $10,000 OK Stallion Fillies $ 5,000 $ 3,400 $ 1,600 $10,000 Classic Cup $ 5,000 $ 3,400 $ 1,600 . $10,000 Classic Distaff $ 5,000 $ 3,400 .............. $ 1,600 $10,000 $40,000 $27,200 $12,800 . $80,000

The Oklahoma-Bred Advisory Council unanimously reco mmends funding from the Oklahoma Breeding Development Fund Special Account. Possible Action: Possible action may include, but is not limited to: taking no action, approving, in whole or in part, the recommendation, amending the funding amount, denying the funding request, or continuing the matter.

2. Oklahoma Quarter Horse Racing Association’s Fund ing Request for CY 2014 Quarter Horse, Paint and Appaloosa Stakes Race s at Remington Park

In an October 22, 2013 e-mail [Item H.2] , Ms. Debbie Schauf, Executive Director of the Oklahoma Quarter Horse Racing Association [OQHRA], requests a total of $782,000 in added Oklahoma-Bred funding for 21 stakes races to be conducted during Remington Park’s CY 2014 Quarter Horse, Paint and Appaloosa race meeting. Percentage Payouts For 13 Quarter Horse races, the percentage payouts would be 60/20/11/6/3. For the Remington Park OKB Futurity and Derby Finals, the percentage payouts would be 40/17/11/9/7/5/4/3/2/2 with an estimated 20 Futurity Trials and 7 Derby Trials. For the Paint and Appaloosa stakes races, the payout percentages would be 60/20/11/6/3.

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Purse Broodmare Stallion Supplements Awards Awards Total

Quarter Horse Stakes Races Mighty Deck Three $ 5,000 $ 3,400 $ 1,600 $ 10,000 Mr. Jet Moore $ 5,000 $ 3,400 $ 1,600 $ 10,000 Mr. Master Bug $ 5,000 $ 3,400 $ 1,600 $ 10,000 Boyd Morris $ 5,000 $ 3,400 $ 1,600 $ 10,000 Slm Big Daddy $ 5,000 $ 3,400 $ 1,600 $ 10,000 Laico Bird $ 5,000 $ 3,400 $ 1,600 $ 10,000 Easy Date $ 5,000 $ 3,400 $ 1,600 $ 10,000 Fl Lady Bug $ 5,000 $ 3,400 $ 1,600 $ 10,000 Sooner State Stakes $ 50,000 $ 34,000 $ 16,000 $100,000 Jack Brooks Stakes $ 25,000 $ 17,000 $ 8,000 $ 50,000 Easy Jet Stakes $ 25,000 $ 17,000 $ 8,000 $ 50,000 Remington Park OKB Futurity Trials $100,000 $ 68,000 $ 32,000 $200,000 Remington Park OKB Futurity Finals $ 70,000 $ 47,600 $ 22,400 $140,000 Remington Park OKB Derby Trials $ 35,000 $ 23,800 $ 11,200 $ 70,000 Remington Park OKB Derby Finals $ 30,000 $ 20,400 $ 9,600 $ 60,000 $375,000 $255,000 $120,000 $750,000

Paint and Appaloosa Stakes Race Paul Harbor Memorial* $ 2,000 $ 1,360 $ 640 $ 4,000 Mr. Lewie Memorial* $ 2,000 $ 1,360 $ 640 $ 4,000 Victoria Ennis Memorial* $ 2,000 $ 1,360 $ 640 $ 4,000 National Cowboy and Western Heritage Museum Stakes $ 5,000 $ 3,400 $ 1,600 $ 10,000 OK Paint & Appaloosa Futurity* $ 5,000 $ 3,400 $ 1,600 $ 10,000 $ 16,000 $ 10,880 $ 5,120 $ 32,000

*If eligible GRAND TOTAL $391,000 $265,880 $125,120 $782,000

The Oklahoma-Bred Advisory Council unanimously reco mmends funding from the Oklahoma Breeding Development Fund Special Account. Possible Action:

Possible action may include, but is not limited to: taking no action, approving, in whole or in part, the recommendation, amending the funding amount, denying the funding request, or continuing the matter.

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Regularly Scheduled Meeting Oklahoma Horse Racing Commission November 21, 2013 AGENDA

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3. Oklahoma Quarter Horse Racing Association’s Fund ing Request for CY 2014 Quarter Horse, Paint and Appaloosa Stakes Race s at Fair Meadows at Tulsa

In an October 22, 2013 e-mail [Item H.3] , Ms. Debbie Schauf, Executive Director of the Oklahoma Quarter Horse Racing Association [OQHRA], requests a total of $49,600 to be paid to accredited horses “if eligible” for added Oklahoma-Bred funding. The eleven (11) stakes races will be conducted during Fair Meadows at Tulsa’s CY 2014 Quarter Horse, Paint and Appaloosa race meeting. The funds will be subject to availability. The percentage payouts would be 60/20/11/6/3.

Purse Broodmare Stallion Supplements Awards Awards Total

Quarter Horse Stakes Races Golden Driller $ 2,500 $ 1,700 $ 800 $ 5,000 FMT Juvenile $ 2,500 $ 1,700 $ 800 $ 5,000 Expo Square Stake $ 2,500 $ 1,700 $ 800 $ 5,000 Belles Stake $ 2,500 $ 1,700 $ 800 $ 5,000 FMT Maturity $ 2,500 $ 1,700 $ 800 $ 5,000 Rocky Henzig $ 2,500 $ 1,700 $ 800 $ 5,000 Walter Merrick $ 2,500 $ 1,700 $ 800 $ 5,000 Cherokee Nation $ 2,500 $ 1,700 $ 800 $ 5,000 $20,000 $13,600 $6,400 $40,000

Paint and Appaloosa Stakes Races Lewis Wartchow $ 1,600 $ 1,088 $ 512 $ 3,200 Spots and Dots $ 1,600 $ 1,088 $ 512 $ 3,200 Tulsa State Fair $ 1,600 $ 1,088 $ 512 $ 3,200 $ 4,800 $ 3,264 $1,536 $ 9,600 GRAND TOTAL $24,800 $16,864 $7,936 $49,600 The Oklahoma-Bred Advisory Council unanimously reco mmends funding from the Oklahoma Breeding Development Fund Special Account. Possible Action:

Possible action may include, but is not limited to: taking no action, approving, in whole or in part, the recommendation, amending the funding amount, denying the funding request, or continuing the matter.

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Regularly Scheduled Meeting Oklahoma Horse Racing Commission November 21, 2013 AGENDA

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4. Oklahoma Quarter Horse Racing Association’s Fund ing Request for CY 2014 Quarter Horse, Paint and Appaloosa Stakes Race s at Will Rogers Downs

In an October 22, 2013 e-mail [Item H.4] , Ms. Debbie Schauf, Executive Director of the Oklahoma Quarter Horse Racing Association [OQHRA], requests a total of $67,600, subject to availability of funds, in added Oklahoma-Bred funding for nine stakes races to be conducted during Will Rogers Downs’s CY 2014 Quarter Horse, Paint and Appaloosa race meeting. The payout percentages for the OHA Mystery Futurity and Derby would be 45/25/15/10/5 pursuant to the conditions of those races. For the other races, the payout percentages would be 60/20/11/6/3 for distribution to “if eligible” horses.

Purse Broodmare Stallion Supplements Awards Awards Total

Quarter Horse Stakes Race OHA OKB Mystery Futurity $10,000 $ 6,800 $ 3,200 $20,000 OHA OKB Mystery Derby $10,000 $ 6,800 $ 3,200 $20,000 Cherokee Challenge* $ 2,400 $ 1,632 $ 768 $ 4,800 $22,400 $15,232 $ 7,168 $44,800 *If eligible Paint and Appaloosa Stakes Race Lorelei Derby* $ 2,500 $ 1,700 $ 800 $ 5,000 Cricket Bar* $ 2,500 $ 1,700 $ 800 $ 5,000 Dash for Colors* $ 1,600 $ 1,089 $ 511 $ 3,200 Sequoyah* $ 1,600 $ 1,089 $ 511 $ 3,200 Green Country* $ 1,600 $ 1,089 $ 511 $ 3,200 Talamina* $ 1,600 $ 1,089 $ 511 $ 3,200 $11,400 $ 7,756 $ 3,644 $22,800 *If eligible GRAND TOTAL $33,800 $22,988 $10,812 $67,600

The Oklahoma-Bred Advisory Council unanimously reco mmends funding from the Oklahoma Breeding Development Fund Special Account. Possible Action:

Possible action may include, but is not limited to: taking no action, approving, in whole or in part, the recommendation, amending the funding amount, denying the funding request, or continuing the matter.

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Regularly Scheduled Meeting Oklahoma Horse Racing Commission November 21, 2013 AGENDA

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5. Allocation of Oklahoma-Bred Registration Fees

Of the $147,765.75 received in Oklahoma-Bred registration fees during the period of July 1, 2012 through June 30, 2013, the Advisory Council recommends the following allocations based on the number of races for that breed in CY 2014 [Item H.5] :

BREEDS

Thoroughbred Quarter Horse Appaloosa/Paint TOTAL RACETRACK Remington Park $24,286.79 $44,350.05 $ 4,544.44 $ 73,181.28 Will Rogers Downs $12,952.95 $29,426.57 $ 3,495.73 $ 45,875.25 Fair Meadows at Tulsa $ 6,881.26 $17,866.13 $ 3,961.83 $ 28,709.22 $44,121.00 $91,642.75 $12,002.00 $147,765.75 The Oklahoma-Bred Advisory Council unanimously reco mmends funding from the Oklahoma Breeding Development Fund Special Account. Possible Action: Possible action may include but is not limited to: taking no action; approving the proposed allocations, in whole or in part; altering the requested allocation; or continuing the matter.

6. Proposed Recognition for Oklahoma Thoroughbred B roodmares in CY 2013

According to The Jockey Club [Item H.6] , Oklahoma is one of only three states with an increase in the number of Thoroughbred broodmares bred in 2013. Also, according to the Carter Sales Company of Washington, OK [Item H.7] , there was a 41.6% increase from 2012 to 2013 for Oklahoma Thoroughbred broodmares in the summer sale with the average price of $7,796 in comparison to $5,654 in 2012. The Carter Sales Company also reports that the buy-back rate fell from 28% to 22%. The Oklahoma-Bred Advisory Council unanimously reco mmends that the increase in the number of Thoroughbred broodmares b red in Oklahoma and the increase in the number of sales and prices for Thoroughbred broodmares within the State of Oklahoma be acknowle dged.

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Regularly Scheduled Meeting Oklahoma Horse Racing Commission November 21, 2013 AGENDA

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Possible Action: Possible action may include but is not limited to: taking no action; approving the proposal to acknowledge and congratulate the Thoroughbred industry in Oklahoma, in whole or in part; or continuing the matter.

I. REPORT

The Tulsa County Public Facilities Authority approved the CY 2014 Horsemen’s Agreements with each of the two horsemen’s representative organizations at its November 7, 2013 meeting.

J. Any Matter Not Known About or Which Could Not Ha ve Been Reasonably Foreseen Prior to Posting the Agenda

K. ANNOUNCEMENTS

1. The Secretary of Agriculture and the Oklahoma Equine Alliance will hold a meeting and press conference on November 19, 2013, announcing the release of the 2013 Oklahoma Equine Economic Impact Study .

2. Will Rogers Downs’s Quarter Horse, Paint and Appaloosa race meeting ended on

November 9, 2013. 3. Remington Park’s Thoroughbred race meeting is scheduled to end on December

15, 2013. 4. The Commission’s next regular meeting is scheduled for January 16, 2014 to be

held at Remington Park. 5. Best wishes for a happy and safe holiday season.

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Regularly Scheduled Meeting Oklahoma Horse Racing Commission November 21, 2013 AGENDA

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ADJOURNMENT……………………………………………….. Mr. Leonard, Chair

LATE NOVEMBER, 2013 THROUGH JANUARY, 2014 CALENDAR

11/28-29/13 – HOLIDAY [Thanksgiving] 12/15/13 – Remington Park’s Thoroughbred race meeting ends 12/24-25/13 – HOLIDAY [Christmas]

There is no December, 2013 Regularly Scheduled Comm ission Meeting

1/1/14 – HOLIDAY [New Year’s Day] 1/2/14 – Deadline for submitting agenda topics for 1/16/14 Commission meeting 1/16/14 – Commission Regularly Scheduled Meeting, 9:30 a.m., Remington Park, One Remington Place, Oklahoma City, OK 1/20/14 – HOLIDAY [Martin Luther King, Jr. Day]