HISA Submits Proposed Racetrack Safety Rule Changes to FTC for Approval

Edited Press Release

The Horseracing Integrity and Safety Authority (HISA) has submitted proposed rule changes to its Racetrack Safety Program to the Federal Trade Commission (FTC) for review. A red-lined document noting these proposed changes is available here. The FTC will subsequently post the proposed rules to the public register for public comment.

Until changes to the rules are approved by the FTC, the previously approved version of HISA's Racetrack Safety rules, which took effect July 1, 2022, will remain in place. Those rules are available in full on HISA's Regulations Page.

HISA's proposed changes to the Racetrack Safety rules were developed after months of dialogue with and feedback from racing participants across the country, including HISA's Horsemen's Advisory Group. During this time, the proposed rules were shared with industry members for two rounds of informal comments and published on HISA's website for additional industry input. All in, HISA's Racetrack Safety Committee received, reviewed and considered more than 600 comments from racing participants. The proposed changes submitted to the FTC today were reviewed and approved by HISA's Racetrack Safety Committee and full Board of Directors.

When and if these rule changes are approved by the FTC, HISA will undertake robust educational efforts to ensure horsemen nationwide are fully aware of these changes and well-equipped to comply with them before they go into effect.

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Proposed Legislation Suggests Extra Six Months Of Racing at Golden Gate

If Golden Gate Fields is not licensed to operate beyond July 1 next year, proceeds from simulcast wagering in the north are funneled south when there is no racing in the northern half of the state, according to proposed legislation introduced in Sacramento.

The rule of thumb is that proceeds from wagers made in the “northern zone” stay in Northern California to pay for purses and operational expenses, while the proceeds from wagers made in the “southern zone” stay in Southern California for the same purposes.

According to California Authority of Racing Fairs (CARF) executive director, Larry Swartzlander, the legislation was drafted by CARF in agreement with The Stronach Group (TSG), on the proviso that Golden Gate Fields remains open for racing an extra six months.

TSG announced in July that it was closing the Bay Area facility at the end of December with the goal of increasing field size and adding another day of racing a week at Santa Anita.

“Our one concern from stakeholders was: Does The Stronach Group renege on us here, and doesn't extend [racing at Golden Gate Fields],” said Swartzlander, who said that CARF had tried to stipulate in the bill that Golden Gate fields remains open through June 2024.

“We wanted to put that in legislation–we wanted to–but we simply couldn't do it,” said Swartzlander, before adding that “everyone's pretty adamant that they will extend racing through June.”

TDN reached out to TSG Saturday morning with various questions, including whether the company indeed intended to extend racing an extra six months at Golden Gate Fields if the legislation is passed. TSG has not yet responded. The story will be updated accordingly.

“Consensus approval within the California racing industry to introduce this legislative amendment is a major step forward. It provides the flexibility to create a path for a new racing and business model leading into 2025 that is fair and balanced for all California owners,” wrote Thoroughbred Owners of California (TOC) president and CEO, Bill Nader, in a statement.

The proposed legislation states that, “notwithstanding any other law, if the board does not license a thoroughbred race meet to be conducted by a racing association at a racetrack located in the cities of Berkeley and Albany after July 1, 2024, a thoroughbred racing association, or racing fair, in the southern or central zone licensed by the board to conduct a thoroughbred race meet or fair meet shall, during racing weeks not allocated by the board for a race meet in the northern zone, be deemed to be operating in the northern zone for the purpose of conducting all permissible forms of wagering in the northern zone pursuant to this chapter and making and receiving required distributions from those wagers in accordance with this chapter.”

The language is a proposed amendment to AB 1074, co-authored by Assemblymember Miguel Santiago (D-Los Angeles) and state Senator Bill Dodd, (D-Napa).

At last month's CHRB meeting, TSG representatives had floated the idea of keeping the facility open until mid-2024 on condition that the current system of divvying up the simulcasting proceeds is revised to benefit the tracks in Southern California, where TSG is consolidating its operations.

Until now, various stakeholders in Northern California–including representatives of CARF–had voiced reservations about altering the system by which simulcast wagering proceeds are allocated.

For the purposes of simulcasting proceeds, the state is broken into three main geographical zones–the “Southern,” “Central” and “Northern” zones.

Largely speaking, the south and central zones are rolled into one big “southern zone,” roughly spanning the northern tip of San Luis Obispo County down to the Mexico border. The “northern zone” consists of the remaining counties in the state.

The monies generated from simulcasting wagering are used for a variety of operational expenses besides purses, including payments to the California Horse Racing Board (CHRB) and the Horseracing Integrity and Safety Authority (HISA), the backstretch retirement fund and workers' compensation.

Next year's racing calendar in Northern California is, of course, still to be decided. Swartzlander floated a plan that if Golden Gate Fields remains open until mid-2024, Santa Rosa would stage a Thoroughbred meet from mid-October–when the Fresno fair meet ends–until the end of the year.

The 2025 Northern California Thoroughbred racing calendar, Swartzlander added, could still hinge around a permanent base at Cal Expo. Such a plan would apparently require reaching an agreement with California's harness racing industry, which only last year extended its lease of operations of the Cal Expo Harness racetrack until May 2030.

Swartzlander also suggested the permanent bases of any extended 2025 Thoroughbred racing calendar in the north could be split between Cal Expo and Santa Rosa.

“Negotiations are continuing,” said Swartzlander. “We'll work with them [WatchandWager Cal Expo] to come up with a solution. Whether we end up with a 50-50 split between Cal Expo and Santa Rosa, or whether we end up relocating Harness to another track, there's several options.”

The California legislature goes into recess on Sept. 14. October 14 is the last day for California Governor Gavin Newsom to sign or veto bills passed by the legislature on or before Sept. 14.

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Round Table Transcripts and Video Replay Now Available

Transcripts from Thursday's 71st Annual Round Table Conference on Matters Pertaining to Racing are now available at jockeyclub.com. The event was held at the Saratoga Springs City Center in Saratoga Springs, New York, and streamed on The Jockey Club's website and Facebook page, and through multiple industry outlets. A video replay is also available.

As the keynote speaker, Michael Lopez, senior director of Data and Analytics for the National Football League, discussed how data is analyzed to enhance and help better understand football and possible correlations with horse racing.

Lindsay Czarniak, an Emmy-award winning sports reporter and anchor who works for FOX NFL and FOX NASCAR, presented her observations on marketing the sport of horse racing.

The conference featured two panels, the first of which focused on computer-assisted wagering and its effects on racetracks and bettors. Hosted by Pat Cummings, executive director of the Thoroughbred Idea Foundation, panelists included Marshall Gramm, a professor at Rhodes College in Memphis, Tennessee, and co-founder of the Ten Strike Racing syndicate, and Joe Longo, the general manager of NYRA Content Management Solutions.

The second panel addressed the Horseracing Integrity and Safety Authority (HISA) after its first year of enactment. Panelists Lisa Lazarus, CEO of HISA; Ben Mosier, executive director of the Horseracing Integrity and Welfare Unit; and trainers Jena Antonucci and Ron Moquett were interviewed by James L. Gagliano, president and chief operating officer of The Jockey Club.

Kyle McDoniel, president and COO of Equibase, presented on E-GPS and opportunities for Equibase to help grow the sport.

Kristin Werner, senior counsel for The Jockey Club and administrator of its Thoroughbred Incentive Program, discussed improved traceability of Thoroughbreds and a recommendation by the Thoroughbred Safety Committee.

Stuart S. Janney III, the chairman of The Jockey Club, presided over the conference and focused his closing remarks on embracing the international aspect of the sport and enhancing marketing efforts to reach a new generation of fans.

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Churchill Fatalities: No ‘Apparent Cause’ But New Protocols in Pipeline

Bill Carstanjen, the chief executive officer of Churchill Downs, Inc. (CDI), said during a quarterly earnings conference call Thursday that nearly two months of internal investigation into the deaths of 12 Thoroughbreds during the shortened spring meet at the gaming corporation's flagship Louisville track has yielded “nothing that jumped out as the apparent cause.”

Carstanjen added that CDI will soon be announcing new safety protocols to be implemented for the scheduled September return of racing to Churchill Downs, but he did not disclose details about what to expect.

During the first week of June, CDI abandoned the final month if its spring racing season at Churchill and moved the remainder of the meet 170 miles west to Ellis Park, another Kentucky track in its corporate portfolio.

Stabling, training, and timed morning workouts continued at Churchill while only the races were moved to Ellis. At the start of July, Ellis segued into the start of its traditional summer meet.

As per his custom on the quarterly earnings conference calls, Carstanjen began by reading prepared remarks that he described as “high-level thoughts” about the gaming corporation's overall business. He spoke for 22 minutes without addressing the horse fatalities or the move to Ellis in detail. It was only when he was asked directly about the issue by an investment banking analyst during a Q & A session that is not open to journalists that he disclosed what has been going on.

Carstanjen said “the takeaway is the track is very safe. And what we needed to do was spend some of this time in the interim while we ran the rest of the race meet at Ellis, to just go soup to nuts through every single thing that we do at the racetrack. There was nothing that jumped out as the apparent cause of the injuries, of the breakdowns.

“And as we went through and rebuilt our processes from the ground up to check everything that we do to make extra sure, we didn't find anything material. So the way to think about news like that is, hey, you have to do the best that you can; you have to take the steps that you can to make it as safe as possible, and you constantly have to challenge yourself and review everything you do.

Carstanjen continued, “But this was a series of unfortunate circumstances that happened during the early portion of our meet. And to the extent that there can be good that comes out of it, everything we'll do going forward in September we'll do a little bit better and be a little bit more thorough, and we'll learn what we can.

“But there aren't any material changes that have been made to the structure of the track or the surface of the track, [and after expert outside evaluation] we didn't find anything fundamentally wrong or different about our track from previous years.

“So that, in a sense, can sometimes be unsatisfying. But that's business and that's sport. We just have to commit to continually doing everything we can, constant incremental improvement, to be as safe as we can, and we've done that,” Carstanjen said.

Outside of the CDI corporate structure, the 12 fatalities have also been investigated by the Kentucky Horse Racing Commission and the Horseracing Integrity and Safety Authority.

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