May, 2022 | Horse Racing Free Tips

Mandatory Jockey Breeding Rights Discussed at CHRB Meeting

The California Horse Racing Board's Jockey and Driver Welfare Committee held a relatively rare meeting Wednesday in Sacramento to discuss several items, including a novel and somewhat controversial proposal to require the granting of a one-time breeding right or season to the winning rider of a future stallion that wins certain California graded stakes.

As the CHRB's meeting package points out, owners have typically given a stallion share to the regular rider and trainer of horses that retire to stud. But that voluntary practice “has evolved, some would say eroded, over time and now often includes a single season breeding right,” wrote the CHRB.

The proposal currently has little in the way of specifics, such as which graded stakes such a program would encompass. Nevertheless, during the meeting, further flesh was put to the bones of the reasons spurring the idea.

CHRB executive director Scott Chaney explained how, because of a recent spate of high-profile jockeys leaving California for supposedly greener pastures, it's important “we explore ways in which we can retain jockeys.”

Continuing along that theme, CHRB vice chairman, Oscar Gonzales, argued that California's historically strong jockey colony has been a mainstay of the state's racing industry.

However, “things are changing quite a bit,” he said, pointing to fast-evolving betting tastes. And so, the proposal “is worthy of a hard look at what we could be doing.”

Furthermore, “anybody who thinks jockeys are well compensated for what they do are well off the mark,” said Gonzales, breaking down the way in which jockey fees are carved up among agents and others, and the lack of uniform retirement plan for riders.

Using an annual book of 140 mares as a baseline threshold, “I believe asking for a one-time breeding right, not a lifetime breeding right, but just a one-time breeding right for a graded stakes win is not too much to ask,” said Gonzales.

The two other commissioners present at the meeting, Damascus Castellanos and Thomas Hudnut, both expressed reservations about the proposal.

“I like the idea of wanting to do something for the riders,” said Hudnut. “I'm not sure that this is the best way to do that.”

Hudnut explained that he would have a “hard time” requiring that owners to grant breeding rights–“which are somebody's property”–to a jockey, and that a thorough legal analysis first be done to understand the legal feasibility of such a mandate.

He also raised the issue of riders flying into California on a temporary basis to ride in graded stakes. “I wonder what giving Irad Ortiz breeding rights would mean to him,” he said, raising the issue of potentially limiting such a mandate to California-

based jockeys.

In response to Hudnut's comments, Chaney admitted that the proposal has yet to undergo a full legal analysis

The committee ultimately decided to discuss the idea further before potentially sending a more complete proposal before the full racing board. The process to implement such a proposal would have to go through a public comment period before the full board could take a formal vote on it.

Earlier in the meeting, the committee discussed plans to plug a glaring gap in California's jockey safety net–the lack of regulations governing jockey concussion protocols.

As part of the safety component of the Horseracing Integrity and Safety Act (HISA), all tracks are required to have in place jockey concussion protocols come July 1 encompassing both a baseline concussion test and a concussion management program.

The meeting packet included a detailed rider concussion program as laid out by the Jockeys' Guild.

Due to the speed with which such protocols must be adopted, Chaney explained ways in which a jockey concussion protocol could be fast-tracked through the regulatory process.

“I think this is an example of something we could do through a protocol, as it's required by HISA. It doesn't have to be regulatory, which would speed the process,” said Chaney, who suggested bringing the issue to the full board in June, giving the committee more time to evaluate the Jockeys' Guild's plan.

Other agenda items included a proposal to reduce the weight allowance given to new apprentices from 10 pounds to seven, except in stakes races and handicaps.

In relation to that proposal, the committee discussed the feasibility of raising the minimum weight from 112 pounds to 114 pounds, and to reduce the maximum amount of overweight from seven pounds to five.

Both items will now go before the full racing board at some point in the future.

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Should Jockeys Get One-Time Breeding Seasons For Colts They Pilot? CHRB Subcommittee Mulls It Over

More than one top jockey has moved tack away from California in recent months — and a subcommittee of the California Horse Racing Board (CHRB) is willing to think outside the box to try to stop the exodus.

The CHRB's Jockey and Driver Welfare Committee met May 18 to discuss a number of proposals related to rider and driver welfare. One of the ideas up for discussion would be an extra incentive for riders in graded stakes races in California. Oscar Gonzales, vice-chairman of the CHRB, detailed a proposal that would award a single breeding right or season to the rider of colts or horses that win certain stakes races in California.

“About a year and a half ago, Dr. [Greg] Ferraro and I met, and I brought up the issue of, what is it going to take to make sure that jockeys are at the table in a meaningful and equitable way?” said Gonzales. “We now are at a point, I believe, where we need to look at what more we can be doing for riders.

“I believe asking for a one-time breeding right — not a lifetime breeding right, but a one-time breeding right — for a graded stakes win is not too much to ask.”

Fellow subcommittee members were a little skeptical of the concept. For one thing, they weren't sure whether the CHRB could legally require an owner to give a breeding right to a horse's former jockey upon retirement. While some colts, like those on the Kentucky Derby trail, have stud deals completed early in their careers, others may not have this done until much later — which could mean the farm or ownership group in legal charge of the stallion's breeding rights may inherit a requirement from a previous win in the horse's record.

Scott Chaney, executive director of the CHRB, had collected a few comments from industry stakeholders who voiced concern about whether such a requirement would disincentivize owners to send horses to stakes races in California.

Commissioner Thomas Hudnut questioned whether the measure would improve the California rider base unless it could somehow be limited to California-based riders — but this may prove difficult in higher-level races, where a horse and rider may ship in from another state to compete.

“I like the idea of wanting to do something for the riders, and wanting to do something to incentivize riders to come to California and stay in California,” said Hudnut. “I'm not sure this is the best way to do that.”

Hudnut pointed out that a proposed rule stated the CHRB would require the gift of these breeding rights, although Gonzales framed it in his verbal presentation more as a request of the horse's owner.

“After reading the vagueness of what we have in our packet, it leaves more questions than answers for me,” echoed CHRB commissioner Damascus Castellanos. “I agree with [commissioner Gonzales] and commissioner Hudnut and everyone else that we need to do something. Purses and everything else are a piece of it, but this is something I think needs a lot more discussion and needs to evolve into something that's more understandable than what we have in front of us right now.”

Gonzales said the mechanism could also go toward better compensating riders for the risky work they do.

“Maybe the public doesn't know, but anyone who thinks jockeys are well-compensated for what they do is off the mark,” said Gonzales. “A rider is entitled to 10% of winnings. So when you take a look at a purse, that's 55% [to the winner], so they get 10% of that 55%. They then are responsible for giving 25% to their agent, and in most cases 5% goes to their valet. If they're jockeys, and most are, who will provide a monetary tip to the exercise rider, the groom, and sometimes the hot walker … we're also talking about riders who are 1099 workers, which means they're also giving what's left over, 18 to 20% [of it] back to the government. I also believe when you take a look at that, and they have no retirement plan, it really makes you wonder how we as an industry will continue to support jockeys across the country but how we are going to be doing our share here in California to set the tone that jockeys matter.”

Gonzales said in his discussions with former CHRB commissioner and Hall of Fame jockey Alex Solis could only recall receiving one or two breeding rights in his career.

Ultimately, the subcommittee agreed to proceed with inquiries about whether it would be legal to make such a regulation before continuing further discussion on whether the idea is a good one.

The post Should Jockeys Get One-Time Breeding Seasons For Colts They Pilot? CHRB Subcommittee Mulls It Over appeared first on Horse Racing News | Paulick Report.

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In Memoriam: Long-Time Fonner Announcer Steve Anderson Loses Battle With Cancer, Virginia’s Glen Douglas Petty Passes At 65

The announcer at Nebraska's Fonner Park since 2003, Steve Anderson was diagnosed with cancer after the 2021 racing season. He battled back to the announcer's stand for the first half of this season, but lost his battle with cancer on Monday, May 16, 2022, at the age of 69.

“Steve was simply perfect for Fonner Park,” Fonner Park CEO Chris Kotulak told the Grand Island Independent. ”He cut his teeth on horse racing in Grand Island and his passion and commitment to Fonner Park should never be challenged.”

Anderson called his last race on April 9.

“He was humble and kind both personally and professionally, and he was able to express those traits via his microphone,” Kotulak said. “Not everyone can pull that off, but Steve sure could. He had the knack of being able to put a smile on your face when you listened to his work. I'll miss that. I already miss Steve.

Glenn Douglas Petty, three-time executive director of the Virginia Thoroughbred Association, passed away due to complications of lymphoma on May 11, 2022, at the age of 65.

According to the Fauquier Times, Petty played “an integral role in the industry's efforts to bring parimutuel wagering to the Commonwealth and the formation of the Virginia Breeders Fund. He also served as a senior advisor to the Maryland Jockey Club during the development and opening years of Colonial Downs Racetrack in New Kent, Va…. In addition to these roles, Glenn served as Interim Executive Director of the Virginia Horse Center, a job he dearly loved, and served as a member, and later chair, of the Virginia Horse Industry Board, appointed by former Governor Mark Warner.

“Though a 2014 diagnosis of CNS lymphoma impacted his work in the equine industry, he was a horseracing fan throughout his life. Along with his wife and children, Glenn watched Rich Strike win the Kentucky Derby in his hospital room, where his enthusiasm showed despite how poorly he felt.”

Read more at the Grand Island Independent and the Fauquier Times.

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Immigration Landscape Continues To Be Challenging For Racing Employers

It's no secret that the Thoroughbred world – on both the racetrack and the farm – has been suffering from the same labor shortage that's been squeezing many other industries in the last year. The racing world has long relied on an immigrant labor force to take care of racing and breeding stock, and navigating the legalities of immigrant labor is becoming ever-more complicated.

Will Velie, an Oklahoma-based immigration attorney who often assists the National Horsemen's Benevolent and Protective Association in immigration matters, provided an update on the current climate at the recent University of Kentucky National Conference on Equine Law.

Here are a few of the takeaways:

-The crunch we're feeling now on immigrant visas began years ago, and predates the current presidential administration.

“The changes really started in 2017,” Velie said. “During the previous administration, there was a full-scale, sustained attack on immigration. It wasn't just changes in policy that were widespread, it was the diminishment of the operational capabilities of the agencies, where the people that did the daily work were either phased out or not replaced.”

The drastic reduction in staffing has resulted in ballooning wait times for the processing of standard paperwork. Velie said there was a time when certain parts of immigration cases could be completed in 90 days; now, he has some wait times stretch past 18 months.

-There may be as many as 11 million people in the United States without legal status, according to lawmakers. Velie said there are typically three paths to acquiring legal status for someone who is already here.

If the person came to this country when they were 16 or younger, they would normally qualify for Deferred Action for Childhood Arrivals (DACA), but since there are constitutional law questions related to that now, Velie said that pathway is blocked for the moment. If someone filed for amnesty for the person prior to 2001, the person may be able to pursue that. The third way is the person could show they have a qualifying relative who's a U.S. citizen or permanent resident who would suffer “substantial hardship” if the person was forced to leave.

-Velie has seen cases where the delays and existing regulations are combining to give clients very limited choices in how to pursue legal status. If an immigrant is here in an H2-A visa, for example, and has turned in an application for a green card, they're not permitted to leave the country while the case is pending, or else their immigration case is considered abandoned. However, in order to work legally, they have to get work authorization. Because of the delays, Velie has seen situations where someone's work status expired before a new one was issued, so they could not work here legally but also could not leave without abandoning their immigration case. If the person is found to have worked illegally, they forfeit their case then, too.

“About a month ago, I got a request for evidence that said, 'Your client filed in October 2020. He does not have work authorization. Tell us how he is supporting himself while he's in the United States,'” said Velie. “That's real. I'm not making that up … that's the kind of attack on immigration I think was intentionally designed to make immigration so difficult and so onerous people would just give up and go home.”

-COVID-19, predictably, made it even more difficult for people using a work visa program.

“There's a significant number of people on the ground who don't have proper documentation … especially on some of the farms,” said Velie. “The labor shortage in the U.S. was acute, it was acute for many years, but since COVID it has really dried up.

“Trainers say people used to come to our barns and ask for work, and now there's just nobody.”

For a period of time after the start of the pandemic, all U.S. consulates were closed. Then they reopened, and eventually the borders became more open to people with legal status who had been vaccinated against COVID-19, but vaccines are not as readily available in all countries as they are in the United States. Velie said the vaccination rate in Mexico at the time those regulations came out was only about 15%. Vaccination also only counts if it's from a vaccine recognized by the U.S. Food and Drug Administration, which means some vaccines may not apply. These factors bottlenecked the arrival of workers even after domestic restrictions began lifting and life began looking a little more normal for Americans.

-Velie believes that intense work from lobbyists on behalf of the racing and sport horse industries have helped give those industries a better footing when navigating the current immigration climate. The Groom Elite program has proved a useful tool in demonstrating to immigration authorities that racing is serious about looking for workers already in this country and is willing to train them, but also that the number of people willing to undergo that training is not enough to meet the overall labor need on the track.

Racing relies heavily on H-2B visas, which are for seasonal work, while H-2As are used for agricultural labor. Trainers who migrate between racetracks are able to divide the life of their business into two “seasons” – spring and fall. In the spring, there's much more competition for seasonal worker visas as resorts gear up for the summer season, but horsemen who apply in October for fall/winter visas have a better shot at getting through. H-2B visa holders can work for 10 months, return home for two months, and come back.

Returning workers do not count toward the annual cap on H-2B visas.

Unfortunately, H-2B is one of the more burdensome visas in terms of the required recordkeeping, including timecard information and overtime payment, compared to other types of visas. This, Velie said, has contributed to some of the headlines racing has seen in recent years as high-profile trainers have been hit with fines and back wages.

– Velie emphasized it's far easier to help a trainer take part in the appropriate visa programs and help them connect with future employees than it is to help someone navigate the process when they're already in the states and have either fallen out of legal status or never attained it.

Velie said that through his affiliation with the NHBPA, he regularly visits tracks across the country and holds meetings on the backstretch where people can ask questions and seek advice confidentially. He estimates he's able to help people about a third of the time, depending on their circumstances.

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