Budget Change Proposal - Cover Sheet - CA.gov
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STATE OF CALIFORNIA Budget Change Proposal - Cover Sheet DF-46 (REV 09/19) Budget Change Proposal - Cover Sheet Fiscal Year: 2020-2021 Business Unit: 1750 Department: California Horse Racing Board Priority Number: 1 Budget Request Name: 1750-001-BCP-2020-GB Program: 1610 - California Horse Racing Board Subprogram: n/a Budget Request Description: Horse Racing Safety Panel Budget Request Summary: The California Horse Racing Board is requesting $1,334,000 Horse Racing Fund in 2020-2021 and ongoing, to implement additional safety procedures at all California tracks with an additional 6.0 Official Veterinarians; 3.0 Stewards; and 3.0 Investigator positions. Requires Legislation: ☐ Yes ☒ No Code Section(s) to be Added/Amended/Repealed: n/a Does this BCP contain information technology (IT) components? ☐ Yes ☒ No If yes, departmental Chief Information Officer must sign. Department CIO Name: n/a Department CIO Signature: n/a Signed On Date: n/a For IT requests, specify the project number, the most recent project approval document (FSR, SPR, S1BA, S2AA, S3SD, S4PRA), and the approval date.
Project Number: n/a
Project Approval Document: n/a
Approval Date: n/a
If proposal affects another department, does other department concur with proposal?
☐ Yes ☐ No
Attach comments of affected department, signed and dated by the department director
or designee.
Prepared By: .
Date: .
Reviewed By: Susan Bitcon
Date: January 10, 2020
Department Director: Rick Baedeker
Date: January 10, 2020
Agency Secretary: Alexis Podesta
Date: January 10, 2020
Department of Finance Use Only
Additional Reviews: Capital Outlay:☐ ITCU:☐ FSCU:☐ OSAE:☐
Department of Technology:☐
PPBA: Kimberly Harbison
Date submitted to the Legislature: January 10, 2020A. Budget Request Summary The California Horse Racing Board (CHRB) is requesting $1,334,000 Horse Racing Fund in 2020-2021 and ongoing, to implement safety panels at all California tracks with an additional 6.0 Official Veterinarians; 3.0 Stewards; and 3.0 CHRB Investigator positions. Following the loss of 30 racehorses to injury during the 2019 Santa Anita meet, Governor Newsom directed the CHRB to implement a review panel to scrutinize the fitness of all horses entered to race. In response, a panel of five CHRB experts, comprised of veterinarians and Stewards, was assigned to conduct a daily review of all horses entered to race. The process added four to six hours each race day to the job descriptions of the assigned personnel, significantly compromising their ability to perform their other duties. The additional resources will allow the Board to continue this important, new safety procedure, with panels at all California tracks. B. Background/History Racehorse Fatalities The number of equine fatalities resulting from racing and training injuries at facilities regulated by CHRB historically exceeded 200 annually in the early 2000s. Regulations adopted by the CHRB, along with policies and resources provided by the CHRB and California racetracks, helped reduce that number to 114 in Fiscal Year (FY) 2017-18 (results for FY 18-19 are provided by the Maddy Lab at UC Davis and are anticipated to be released in January 2020). However, the 2019 winter-spring race meeting at Santa Anita Park was a stark reminder that considerable work is necessary to protect racehorses in California. Thirty horses died from racing and training injuries during the Santa Anita race meeting that ran from December 26, 2018, through June 23, 2019. Because most of these deaths occurred in an unprecedented cluster – 18 during a six-week period in January and February – these fatalities caught the attention of the news media, animal rights advocates, and the public, particularly, following the death on February 23, 2019 of the popular Breeders’ Cup-winning horse Battle of Midway. Prior to the 2019 winter-spring race meeting, however, the general public paid little attention to racehorse fatalities at Santa Anita and in the state. But the fatalities at Santa Anita made headlines and became the topic of conversations not only in California but throughout the world. In response, CHRB, in consultation with the Business, Consumer Services, and Housing Agency, created a review Panel to evaluate medical, training, and racing histories of horses entered to compete at Santa Anita and to scratch (disallow) those horses that did not appear fit to run. As a result, the Panel is currently supervising safety at the daytime thoroughbred meeting in southern California. It is comprised of five individuals that are uniquely qualified with many years of experience within the industry. Each Panel member has a high degree of knowledge about racehorse fitness,
in addition to decades of experience within the horse racing industry. The current Panel consists of two Official Veterinarians and three CHRB stewards, all independent contractors of CHRB as stipulated by statute. They evaluate each horse’s past performance and medical history to determine its fitness to race. The Panel veterinarians also perform physical examinations of horses identified as “at risk.” Risk factors include veterinary history, training patterns, and questionable drops in the level of competition. The review Panel rejected 38 horses from the final nine racing programs at the Santa Anita race meeting and continues to review all entries for thoroughbred racing in the south at Del Mar, Santa Anita, and Los Alamitos race tracks. But, this only represents a portion of the racing calendar in the state. At present, there are no Panels operating during night racing in the south, nor day or night racing in the north, including Golden Gate Fields, the five racing fairs, and harness racing at Cal Expo. CHRB simply lacks the necessary personnel to do the work. The resulting lack of scrutiny on these races – which comprise most of the annual calendar – is inconsistent given the CHRB’s obligation to protect all racehorses and threatens the viability of an industry that produces thousands of jobs and contributes important economic input to the state. Contributing Factors Racing Surfaces: Santa Anita offers two types of racing surfaces, dirt and grass (turf races). Most of the focus concentrated on the main dirt track at Santa Anita because 23 of the fatalities resulted from racing and training on the main track surface. Six other fatalities occurred on the grass (turf races) and one on the training track. The main track is a dirt mixture of materials that form a cushion of about six inches on top of a hard base. A full-time crew maintains the surface, however inclement weather interferes with the maintenance process. By one count, Santa Anita received 27 inches of rain during the first two months of the 2019 winter-spring race meeting. On non-racing days, when given advance warning of approaching storms, the track maintenance crew is able to “seal” the track, i.e., the crew rolls heavy equipment over the main track to form a hard surface, so the water will roll off and not penetrate the soil. Optimally, the rain passes, and the crew harrows the surface, breaking the seal and making it gentler on the horses for racing. However, re-opening a sealed track does not immediately restore it to its normal condition. The process takes days, and the surface is different on each of those days. The constantly changing surface at Santa Anita made racing and training more difficult for the horses. Worse, there were fears that the soil was uneven with varying depth and moisture content throughout the track oval (though CHRB inspections were unable to confirm this). Eventually the Stronach Group, which owns and is licensed to operate Santa Anita, was forced to halt racing and training for nearly three weeks in March to remove the cushion, inspect the base to make certain it was dry and even, and then restore the cushion to its original, level state. Morning exercises continued on the adjacent training track, which to that date
had not experienced a fatality. The region in and around Santa Anita experienced mostly good weather for the balance of the race meeting. The race meeting ran for nearly seven weeks without a fatality after that major renovation, easing some concerns that the racing surface was a problem. Turf racing typically does not take place during inclement weather, so the two grass courses – the interior track oval and the course coming down from the hill along Baldwin Avenue – were more lightly used than the main track. However, six of the fatalities occurred on the grass, and three occurred in a one-week period off the hillside course. This eventually prompted management to cancel the popular 6 ½-furlong turf races off the hillside out of caution. Condition of Racehorses: CHRB Rule 1846.5, Postmortem Examination, requires a postmortem examination (necropsy) for every horse that suffers a fatal injury on the racetrack in training or in competition, or that dies or is euthanized within an area under the jurisdiction of CHRB. In 1990 the CHRB and University of California, Davis established the postmortem program, a partnership between CHRB and the California Animal Health and Food Safety (CAHFS) laboratory system operated under the School of Veterinary Medicine at U.C. Davis. Necropsies were performed to determine the nature of the injuries and develop strategies to improve the health, safety, and welfare of horses. Over the ensuing years the program has examined more than 7,000 horses. Among the conclusions reached is the fact that more than 80 percent of fatalities are the result of musculoskeletal injuries. These pre-existing injuries, however, are usually microscopic or hairline fractures that are undetectable without sophisticated imaging diagnostics. Horses with such undetected injuries are subsequently at risk during high-velocity training and racing. This vulnerability places horses at risk under the best of circumstances, but racing and training under track conditions experienced during the 2019 winter-spring months at Santa Anita increased that risk. Most of the fatalities experienced early in the race meeting were due to fetlock joint injuries, strongly suggesting a combination of factors relating to health and training regimens and surface changes. Four fatalities that occurred later in the race meeting, after the major renovation and during fair weather, were of a different nature, i.e., pelvis and humeral fractures, which were less indicative of any problem with the racing surface and more indicative of pre-existing conditions. Mitigating Measures Steps taken during the meet to mitigate problems and safeguard horses: The mission of the CHRB is to ensure the integrity, viability, and safety of the California horse racing industry by regulating pari-mutuel wagering for the protection of the public, promoting horse racing, breeding, and wagering opportunities, and fostering safe racing through the development and enforcement of track safety standards and regulations for the
health and welfare of all participants. The first priority in addressing the cluster of fatalities was to verify the main track was safe for racing. The Stronach Group (TSG), the track’s management, rehired Dennis Moore, the former track superintendent, for this purpose, and in addition brought in Dr. Mick Peterson, a world-renowned expert in the field of track management. They oversaw the renovation of the main track during the March 2019 hiatus. Mr. Moore remained on the job to make certain that daily track conditions met safety standards. Santa Anita operated for nearly seven weeks after this renovation without a fatality, strong evidence the racing surface was safe for racing and training. During the renovation period, TSG, owners of Santa Anita, announced several new safety and welfare measures that would be put in place when racing resumed on March 28, 2019 at Santa Anita, prior to the formation of the Panel. Key measures included: • Requiring trainers to apply for permission to work (high-speed exercise) a horse at least 24 hours in advance, allowing track veterinarians to evaluate potential workers. TSG hired three additional veterinarians for this purpose. It should be noted that 13 of the fatalities occurred during morning training, prompting increased scrutiny of training activities. • Prohibiting all horses other than those performing higher-speed, timed workouts from being on the racetrack during the first 15 minutes after the opening of the main track for training early in the morning and following renovation breaks, allowing horses going at a faster pace to encounter less traffic and thus increasing safety. Horses going out for simpler routine gallops were allowed onto the track after 15 minutes. • The creation by TSG of a new position, Director of Equine Welfare, responsible for the oversight of all aspects of equine wellbeing, including supervision of a new rapid response team for injuries. The well-respected equine veterinarian Dr. Dionne Benson was hired to fill the position. • The transfer of veterinary records to new owners and trainers, providing transparency for medical histories. • The prohibition of corticosteroid intra-articular treatments (injections) within 14 days of racing. • Maximum dosage of furosemide (Lasix) used for the control of internal bleeding cut in half to 250 mg. • All horses that work subject to post-work blood testing, subject to the same corticosteroid and non-steroidal anti-inflammatory drug (NSAID) restrictions as races. Some of the safety initiatives required CHRB approval. The CHRB granted approval of those measures to be implemented at Santa Anita and Golden Gate Fields, the two racetracks owned by TSG, at its March 28, 2019 meeting. At the CHRB’s April 18, 2019 regular meeting, the Board imposed the same medication restrictions at all California racetracks. The Board also eliminated the previously permitted thresholds, or zero tolerance, for corticosteroids and NSAIDs in post-race tests.
Shortly thereafter, TSG announced the purchase and development of nuclear diagnostic imaging equipment (PET-Scan), so that previously un-diagnosable fractures might be detected, allowing veterinarians to recommend that certain horses be given time off to heal their injuries. This equipment is expected to be installed in the stable area of Santa Anita in 2020. As previously stated, CHRB created a review Panel to evaluate medical, training, and racing histories of horses entered to compete at Santa Anita and to scratch (disallow) those horses that did not appear fit to run. The Panel’s impact on the reduction of fatalities since its inception is clear. But the five Panel participants are working extremely long hours, as Panel participation is a new and added responsibility. And this unanticipated, additional work comes at the expense of the day-to-day responsibilities they were contracted to perform. Approximately 50 percent of their time is dedicated to this new task, which must be performed for each day of racing. Official Veterinarians Pursuant to Business and Professions Code (BPC) section 19518, the CHRB shall contract with persons to perform the duties of Official Veterinarians. Currently, CHRB assigns one Official Veterinarian for each live race meeting, which would not be adequate to properly examine all horses entered to race. Typical pre-race evaluations can take up to four hours per day. This is in addition to the Official Veterinarian’s daily responsibilities as stipulated in CHRB Rule 1560: “The official veterinarian shall be responsible to the stewards for the conduct of horses and their attendants in the receiving and detention barn. He shall have authority and jurisdiction to supervise the practicing licensed veterinarians and shall enforce the Board's rules and regulations relating to veterinary practices. The official veterinarian shall recommend discipline for the licensed veterinarians who fail to comply with the rules and regulations and accepted veterinary practices. He shall report to the Board the names of all horses humanely destroyed or which otherwise expire at the meeting and the reasons therefor. He shall maintain a list of all infirm horses on the grounds. No official veterinarian, during his term of appointment, shall directly treat or prescribe for any horse registered to race at any recognized meeting except in emergency, the details of which shall be immediately reported to the stewards.” It is the Official Veterinarian’s responsibility to oversee all medication testing procedures. The 2018-2019 statistics are anticipated to be released by the Maddy Lab in January 2020; however, more than 5,300 races with 38,079 starters were run at California tracks during 2017-2018. From those participants, 20,580 urine and blood samples were taken within chain-of-custody requirements and submitted to the Maddy Lab for testing. And, pre-race, out-of-competition, evidence, and other testing resulted in 56,151 samples being analyzed by the Maddy Lab. (See Attachment A displaying estimated horse populations and licensed race meeting dates.)
Official Veterinarians supervise all veterinary phases of racing operations at the horse racing meeting in a manner consistent with the Horse Racing Law, directives, the rules and regulations of the California Horse Racing Board, and standards in the horse racing industry. The Contractor, i.e., the Steward or Veterinarian, shall be responsible to perform Out-of-Competition Testing, and, among other things: • Enforce the rules of racing in connection with veterinary practices. • Supervise all licensees and persons attendant upon horses. • Supervise, and, if necessary, report to the Board of Stewards, any unlicensed person who commits a racing offense. • Participate in administrative hearings, as necessary, to assist in fact finding. • Monitor compliance with race day medications. • Report to the Board of Stewards the need to disqualify ineligible horses. • Act as a liaison between horsemen, track veterinarians, the Equine Medical Director, and the Board of Stewards. • Report violations involving inappropriate or illegal use of medication, such as permitted and prohibited drugs that may affect performance. • Assist the Equine Medical Director as needed. • Report significant issues to the Board as they relate to the race meeting. • Take any and all actions reasonably necessary to effectively supervise all phases of racing veterinary operations at a racing meeting in a manner consistent with applicable horse racing laws. • Monitor compliance for race day medication regulations. • Observe medication administration. • Follow-up on leads that may involve the inappropriate or illegal use of medication such as permitted and prohibited drugs that may affect racing performance. • Report fatalities and accidents at training centers and racetracks and assist in fatality investigations as directed by the Executive Director or Equine Medical Director. • Maintain records of injuries, fatalities, and accidents and assist in the racing safety program as directed by the Equine Medical Director. • Maintain records of pre-race examinations and examinations of horses on the Veterinarian’s List as directed by the Equine Medical Director. • Procure biological samples as directed by the Equine Medical Director, Board of Stewards or Executive Director. • Make recommendations to the CHRB to ensure the integrity of racing and compliance with the horse racing laws and regulations. • The Official Veterinarian will conduct microchip implantations for the CHRB at those California racetracks where the CHRB is implementing a microchipping program. • The Official Veterinarian will conduct microchip implantation orientation, training, and progress review sessions with licensed veterinarians and registered technicians. Continuing the Panel with existing veterinarian personnel is unsustainable. CHRB Official Veterinarians are contracted at $551 per day. The number of days worked varies according to each track and varies from two to four race days per week,
with additional days assigned by the Equine Medical Director. Panel work is performed on the day that entries are drawn or the following day. Stewards CHRB Rule 1527, General Authority of Stewards, states: the stewards have general authority and supervision over all licensees and other person’s attendant on horses, and also over the enclosures of any recognized meeting. The stewards are strictly responsible to the Board for the conduct of the race meeting in every particular. Note: While veterinarians can recommend that a horse be scratched (withdrawn) from a race, only the Stewards have the authority to do so. Therefore, it is imperative that at least one Steward participate as a member of the panel. The CHRB and its Stewards are tasked with enforcing laws and regulations pertaining to all aspects of horse racing in California, including the running of a race, the training and stabling of horses, veterinary medical practices related to racehorses, and testing racehorses for prohibited medications. The CHRB also issues occupational licenses to individuals working in various occupations at the racetrack and oversees their general conduct. California’s wagering public can wager on California races, as well as races imported from other states and other countries. Likewise, the wagering public located outside of California can wager on California races. The public can place wagers at licensed racetracks, simulcast wagering facilities, and online in California. The CHRB has the authority to regulate legalized horse racing activities in the state as granted by Business and Professions Code, Chapter 4, Division 8. The CHRB mission is to ensure the integrity, viability, and safety of the California horse racing industry by regulating pari-mutuel wagering, promoting horse racing, breeding, and wagering opportunities, and fostering safe racing through the development and enforcement of track safety standards and regulations for the health and welfare of all participants. BPC and horse racing rules and regulation sections delineate the authority of Stewards who serve as racing officials, exercising general authority and supervision over licensees and other persons attendant on horses, and over the racing enclosure of any recognized race meeting. Stewards exercise a high level of responsibility during a race meeting. BPC and Rules referencing authority and responsibility of Stewards are included in the following BPC sections: 19420 – Jurisdiction and Supervision over race meeting 19427 – Authority to the CHRB to carry out the responsibility of the horse racing law 19435 – Authority to subpoena for witness attendance or production of records 19437 – Authority to punish for false testimony 19940 – CHRB powers to effectively carryout the purposes of the horse racing law
California Code of Regulations: 1528 Jurisdiction of Stewards to Suspend or Fine 1529 Referral to the Board 1532 Payment of Fines 1537 Record and Transcript of Hearing 1541 Power to Order Examination of Horse 1542 Power to Refuse Entry and Deny Eligibility 1544 Calling off Race 1546 Complaints Against Officials 1548 Rulings to the Stewards 1549 Recommendation of Discipline 1592 Ineligible Horse to Be Disqualified 1626 Refund of Fees Pursuant to BPC section 19518, the Board shall contract with persons licensed as stewards, who shall supervise all phases of racing operations at the horse racing meeting in a manner consistent with the Horse Racing Law, directives, and the rules and regulations of the CHRB. Stewards shall be responsible for the following activities during a race meeting: • Enforce and abide by the rules of racing in connection with all participants. • Supervise licensees and persons attendant upon horses and, if necessary, discipline them for misconduct. • Supervise, and, if necessary, bar from participation any unlicensed person who commits a racing offense. • Hold administrative hearings to conduct fact-finding, and issue rulings, statements of decision, and proposed decisions. • Control entries and declarations in connection with all races. • Disqualify ineligible horses. • Approve the transfer of race horses. • Approve changes to trainers, jockeys, drivers, or equipment. • Supervise drawing of post positions. • Determine the order of finish of a race with authority to disqualify a horse, jockey, or driver as appropriate for violation of racing rules. • Confirm the official order of finish for pari-mutuel wagering. • Close pari-mutuel wagering in each race. • Review with jockeys or drivers the races of the previous day or night. • Interview certain license applicants and make recommendations to the Board. • Maintain official minutes of the conduct of each racing meeting. • Report significant issues to the Board as they relate to the race meeting. • Take any and all actions reasonably necessary to effectively supervise all phases of racing operations at a racing meeting in a manner consistent with applicable horse racing laws. • Analyze complaints and investigative files, and assist in case presentation, as needed.
Responsibilities of Safety Stewards Safety Stewards not serving in the stand do not have authority over licensees nor are they responsible for the conduct of the race meet. Rather, their primary responsibility is the welfare and safety of the horse and jockey, as well as those who work around the horses. Among other duties, they also gather information associated with drug testing and medication programs at California racetracks, and shall be responsible to: • Monitor and observe daily habits and practices of backside activities. • Monitor compliance for race day medication regulations. • Observe medication administration. • Follow-up on leads that may involve the inappropriate or illegal use of medication, such as permitted and prohibited drugs that may affect racing performance. • Investigate fatalities and accidents at training centers and racetracks. • Conduct pre-meet racetrack safety inspections independently or with CHRB enforcement personnel. • Participate in resolution of financial complaints. • Make recommendations to CHRB to ensure the integrity of racing and compliance with horse racing laws and regulations. • Provide liaison between the stewards and CHRB Enforcement staff. • Enforce compliance with safety standards; perform compliance inspections and report the findings to CHRB. As previously noted, a review Panel has been formed to evaluate medical, training, and racing histories of horses entered to compete at Santa Anita and to scratch (disallow) those horses that did not appear fit to run. Members of the Panel required the participation of the Chief Steward and a Safety Steward, assigned with equine veterinarians whose responsibility it is to review and evaluate horse past performance statistics; horse work out records, and horse veterinary history. If the Panel determines a horse to be at high risk, the horse is removed from the racing program. Stewards have the authority to “scratch” a horse from the racing program. The 2019 winter-spring race meeting at Santa Anita Park Race Track required considerable work on the part of Panel members to aid in the protection of racehorses and reduction of fatalities. Because most of the equine deaths at Santa Anita occurred in rapid succession, the fatalities caught the attention of the news media, animal rights advocates, and the public. The fatalities at Santa Anita made headlines and became the topic of conversations not only in California but throughout the world. It is imperative that the work of the Panel continues and is expanded to cover all racehorses at all tracks in the state. This budget change proposal request addresses the costs required to fund three additional steward contractors dedicated to the Panel, with the following workload description:
Duties of the Panel Stewards 1. Obtain horse race day entries for the day. 2. Obtain a copy of past performance records for horses that are entered in the race. 3. Review horse racing history. 4. Review horse work out history. 5. Review the listed trainer of the horse and note any changes in who is or has recently trained the horse. 6. Review any rider changes from the horse’s last start. 7. Review any changes in the classification of the type of race the horse has raced in. For instance, is the horse suddenly racing in easier races with less expensive horses? 8. Review and discuss the veterinary history of each horse. 9. Discuss with the Panel any horse that is a high risk, and make a determination whether the entry is denied, scratched, or the horse is placed on a list for further examination. 10. Disseminate information to make sure the entry is denied or scratched. The review Panel currently consists of five individuals who are uniquely qualified with many years of experience within the industry. Each Panel member has a high degree of knowledge about a racehorse in addition to decades of experience within the horse racing industry. The current Panel consist of two equine veterinarians and three California Horse Racing Board stewards. Pursuant to regulation, stewards are appointed by the CHRB, exercising responsibility for the conduct of the race meeting. Each day that entries are taken for race day programs the Panel meets and reviews the horses that are entered to race. CHRB Investigators A fundamental necessity of the CHRB’s staffing operations is the department’s Enforcement Division, which is tasked with enforcing laws, rules, regulations, and policies governing horse racing in California. The department adopts regulations to protect the public and to provide for the safety of both the equine and human participants. In March 2019, after an unusually high cluster of equine fatalities at Santa Anita Park, the CHRB formed new investigative teams to conduct in-depth investigations into the fatalities. The investigative teams were made up of a CHRB Investigator, an Official Veterinarian, and a Safety Steward. At the onset of the investigations, 23 fatality investigative cases were opened. The CHRB Investigator on the fatality review team was tasked with compiling documents, gathering facts, documenting the investigation details, coordinating interviews, and writing a final investigative report. The scope of these fatality investigations was to determine if any horse racing rules or California criminal laws were violated. These equine fatality investigations were not a component of the CHRB enforcement
division’s workload prior to this point. Therefore, these complex and high-profile
investigations were essentially new duties not accounted for in any measurable extent
in the average yearly workload prior to that point.
As the in-depth fatality investigations progressed, 7 more horse fatalities occurred at
Santa Anita Park and 18 horse fatalities occurred at other California tracks/facilities.
These additional cases were assigned to the various CHRB investigative teams,
bringing the total individual fatality investigations to 48. These additional cases were
generated in the first six months of 2019. The high volume and complexity of these new
investigative duties caused other workload to be delayed or not be completed.
The CHRB Enforcement Division currently consists of the following peace officer
positions:
• 1.0 – Chief of Enforcement
• 3.0 – Supervising Special Investigators
• 10.0 – Investigators
Enforcement staff Investigators are assigned throughout the State at four primary horse
racing tracks: Santa Anita Park, Los Alamitos Race Course, Golden Gate Fields, and
the California Exposition and State Fair.
Current Investigator staffing breakdown by race track location is shown below:
Race Track Location Current Investigator Staff
Santa Anita Park (Arcadia, CA) 3.0
Los Alamitos Race Course (Cypress, CA) 2.0
California Exposition/State Fair (Sacramento, 2.0
CA)
Golden Gate Fields (Albany, CA) 3.0
Resource History
Dollars in thousands
Program Budget 2014-15 2015-16 2016-17 2017-18 2018-19
Authorized Expenditures 12,108 13,432 13,300 13,542 13,807
Actual Expenditures 11,711 13,183 12,975 13,542 *13,047
Revenues 11,912 13,268 13,479 13,805 *14,245
Authorized Positions 57.0 49.4 49.4 47.2 47.2
Filled Positions 49.0 50.4 50.5 47.2 44.9
Vacancies 8.0 -1.0 -1.10 0 2.3
*Represents estimates only – fiscal year end data reconciliation in progressWorkload History
Workload Measure 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20
Hours writing investigative
160 160 160 160 160 160
reports (average 94 reports)
Hours to perform barn
120 120 120 120 120 120
inspections
Hours to gather and review
110 110 110 110 110 110
investigative documents
Hours interviewing witnesses 110 110 110 110 110 110
Hours to monitor equines,
backstretch workers, facilities 100 100 100 100 100 100
and equipment
Hours investigating applicant's
100 100 100 100 100 100
fitness for license
Hours to review voice mail/e-
95 95 95 95 95 95
mail complaints/issues
Hours to document and
91 91 91 91 91 91
process evidence seized
Hours discussing cases with
Equine Medical Director/track 90 90 90 90 90 90
Veterinarian
Hours for walk-in
90 90 90 90 90 90
issues/complaints
Hours for internal/external
90 90 90 90 90 90
facility inspection
Hours to conduct breath/urine
85 85 85 85 85 85
licensee testing
Hours to open
investigation/review 80 80 80 80 80 80
preliminary documents
Hours to work with track
80 80 80 80 80 80
security staff
Hours to present cases at a
80 80 80 80 80 80
Hearing
Hours reviewing licensee
80 80 80 80 80 80
history/actions
Hours evaluating licensee
70 70 70 70 70 70
criminal histories
Hours to work with track
65 65 65 65 65 65
staff/management
Hours assisting with Financial
60 60 60 60 60 60
Complaints
Hours for Hearing case
60 60 60 60 60 60
preparation
Hours to discuss case with
60 60 60 60 60 60
complainantWorkload Measure 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20
Hours tracking criminal case
status/ordering court 60 60 60 60 60 60
documents
Hours travel to facilities
40 40 40 40 40 40
statewide
Hours for off-track/auxiliary
35 35 35 35 35 35
facility inspection
Hours monitoring paddock
30 30 30 30 30 30
area/jockey room
Hours in Training 24 24 24 24 24 24
Hours with law enforcement,
animal control, health 15 15 15 15 15 15
department
Total Hours 2,080 2,080 2,080 2,080 2,080 2,080
C. State Level Considerations
The proposed augmentation contained in the BCP does not affect other state
departments. The request for additional contracted services and staffing does not
negatively impact state operations.
D. Justification
OFFICIAL VETERINARIAN - The events of the 2019 winter-spring race meeting at
Santa Anita Park were a stark reminder that considerable work is necessary to protect
racehorses in California.
In response to the fatalities experienced during the December 26, 2018 through June
23, 2019 winter –spring race meeting at Santa Anita, Governor Gavin Newsom, ordered
CHRB to create a review Panel to evaluate medical, training and racing histories of
horses entered to compete at Santa Anita and to scratch (disallow) those horses that
did not appear fit to run. The CHRB in response reprioritized the responsibilities of
Official Veterinarians and Steward to serve on the Panel. The Panel is composed of the
Equine Medical Director, Official Veterinarians, and Chief Steward along with two other
stewards.
Time devoted to the Panel, in addition to the Panel participants other responsibilities are
a minimum of four hours each day that entries were taken to reviewing all aspects of
each horse’s history, including any medical information available to them, notes from
previous interactions with those horses, racing and training records, and other variables.
Furthermore, after identifying an average of 20 horses in each set of entries requiring
further evaluation, the Official Veterinarian on the Panel spent another four hours going
to barns to examine those horses so identified, leading to the scratches (withdrawals) of
some of those horses for their own protection.The regular responsibilities and workloads of the Panel members are critical to the
proper functioning of the CHRB and its commitment to protecting horses and riders, so
it is essential to relieve those individuals from the added responsibilities of serving on
the Panel. This requires permanent full-time replacements for the Panel. Additionally, it
is difficult to meet the Governor’s continued direction that the CHRB provide this
additional evaluation of horses desiring to race in California, and difficult to justify if the
CHRB does not establish similar Panels at Northern California thoroughbred tracks and
fairs, as well as the night quarter horse meet at Los Alamitos. This requires establishing
at a minimum three Panels with two veterinarians and one steward serving as
permanent Panel participants. This requires six new Official Veterinarians – two for
each of the three Panels – and three stewards (one per Panel). The CHRB has
determined that three permanent Panels providing additional oversight of prospective
horse entries is cost effective and cost efficient.
The funding of the six Official Veterinarians will allow the CHRB to manage three
simultaneously operating Panels at all racetracks in California.
Six Official Veterinarians – Cost Display
Track Breed Work Daily Cost 2 per Assignments
Days Rate panel
Los Alamitos - Quarter Horse 144 $551 $79,344 $158,688 Panel Member A
Nights
Los Alamitos - Thoroughbred 20 $551 $11,020 $22,040 Panel Member B
Days
Santa Anita Thoroughbred 109 $551 $60,059 $120,118 Panel Member B
Del Mar Thoroughbred 52 $551 $28,652 $57,304 Panel Member B
Golden Gate Thoroughbred 200 $551 $110,200 $220,400 Panel Member C
Fields
Fairs Mixed 95 $551 $52,345 $104,690 Panel Member C
Total 620 $341,620 $683,240
STEWARDS - The proposal request is to modify the current five team member Panel,
realigning with a three person Panel, to include one steward specifically assigned to
each Panel, with no additional race day duties. The three stewards will be assigned by
region, one for daytime racing in the south; one for night time racing in the south, and
one for daytime racing in the north. Assigning a steward specifically dedicated to Panel
duties permits existing steward Panel members to return to their regularly scheduled
duties, which have undergone postponements and delays, creating an assignment
allocation shortage that cannot be sustained. The three person Panel will be dedicated
to Panel duties, creating a more efficient continuation of responsibilities for reviewing
pre-race entries, evaluating work out histories and past performance records to support
the elimination of high risk horses from competing, benefits fewer equine fatalities and
directs a safer racing environment for both the equine athlete and jockeys who placecomplete confidence in a sound racing encounter. The Panel provides an oversight
necessary for both the trainer of race horses and the racing office taking race day
entries. Trainers who are denied entries of their horses or denied participation in a race
will be forced to eliminate risk factors, improving the odds of a fair sport, and
encourages sound training practices to improve the chance of returning their horse to
the racing competition. The Panel also provides a level of oversight for the racing
office, whose primary job is to put together a sound racing program. As a normal
course of business, the racing office staff do not review high risk factors with horses
entered to race. The Panel serves to guard for and eliminate high risk horses, placing
due diligence on racing office staff evaluating racing entries and serves as a deterrent to
avoid accepting the entry of horses that have been identified as a chance not worth
taking.
The Panel’s role is to recognize horses that statistically are high risk, which are a safety
threat to themselves or other horses in a race. A high-risk horse also creates a safety
hazard for the jockey or other riders participating in the race. The goal of the Panel is to
reduce or eliminate the number of horse fatalities thereby making it safer for the jockeys
and the equine athletes.
CHRB Rule 1542 (Power to Refuse Entry and Deny Eligibility) states that for good
cause, the stewards may refuse the entry of any race or declare ineligible to race and
order a horse removed from the premises. The stewards are the only racing official that
have the authority to refuse an entry and declare horses from a race. No other officials
or licensees have that authority, which makes a steward participation on the fatality
prevention Panel critical to prevent the Panel from losing powers necessary to refuse an
entry or declare a horse from a race.
Three Stewards – Cost Display
Track Breed Work Daily Cost Assignments
Days Rate
Los Alamitos - Quarter Horse 144 $551.00 $79,344 Panel Member A
Nights
Los Alamitos - Days Thoroughbred 20 $551.00 $11,020 Panel Member B
Santa Anita Thoroughbred 109 $551.00 $60,059 Panel Member B
Del Mar Thoroughbred 52 $551.00 $28,652 Panel Member B
Golden Gate Fields Thoroughbred 200 $551.00 $110,200 Panel Member C
Fairs Mixed 95 $551.00 $52,345 Panel Member C
Total 620 $341,620
INVESTIGATORS - The CHRB made the decision that each equine fatality occurring at
any California horse racing facility would be investigated using a fatality investigative
team made up of a CHRB Investigator, an Official Veterinarian, and a Safety Steward.
These fatality investigations are very labor intensive, as demonstrated in theInvestigator Workload (Attachment B)
In summary, it requires an average of 61 hours for one investigator to complete one
equine fatality investigation. This workload increases drastically if additional witnesses
are interviewed or additional subpoenas are required. The 61 hours captures only the
Investigator work hours and does not include hours worked by other fatality
investigation team members (the Official Veterinarian or Safety Steward).
With the addition of these new time-consuming fatality investigations, much of the
enforcement staffs existing workload has been deferred or postponed for an
undetermined amount of time. Staffing resources were reallocated from other race
track field offices to assist with fatality investigations which further backlogged existing
workload at those field office race tracks. The CHRB is committed to investigating each
equine fatality at California horse racing facilities in the same systematic and
comprehensive manner. At the current staffing levels, the CHRB Enforcement Division
will be unable to manage these additional caseloads without the other workload
suffering. Some examples of duties that will be delayed or not completed include:
medication violation investigations, drug testing of licensees, walk-in and telephone
customer assistance, barn inspections, criminal history evaluations for license
determination, track backside activity monitoring, narcotic investigations, animal cruelty
investigations, off-track betting facility inspections, etc.
Below is a chart showing the number of equine fatalities that occurred during racing or
training at CHRB facilities over the last five fiscal years:
Equine Fatalities at CHRB Racing/Training Facilities
Fiscal Year Total Fatalities
2014-2015 133
2015-2016 161
2016-2017 162
2017-2018 112
2018-2019 106
In 2017-2018, there were 112 equine fatalities at CHRB facilities. In 2018-2019, there
were 106 fatalities. To estimate the number of staff needed to investigate equine
fatalities state-wide, the combined average of equine fatalities of the past two fiscal
years was used to determine the projected workload.Equine Fatality Investigations - Investigator Staff Needed
Calculation Workload Description Past Year’s
Letter Calculation
A Number of Fatality Investigations (Average of Last 109
Two Fiscal Years)
B Hours per Investigation 61
C Work Hours Needed to Complete Investigations (A x 6,649
B)
D 1 FTE Investigator Annual Work Hours 2,080
E Number of FTE Investigators Needed (C divided by 3.20
D)
Using the average estimated fatality case volume above, the CHRB will need 3.2
additional staff to investigate fatality cases. This proposal requests the addition of 3.0
Investigators to handle equine fatality workload increases. With the implementation of
the new fatality investigative teams and other improved track safety measures, the
CHRB anticipates the equine fatalities in California will decrease. If the fatality numbers
decrease, the additional 3.0 Investigators will utilize any available time on other duties
listed in the “Workload Analysis”.
E. Outcomes and Accountability
STEWARDS
Before the Panel was established for daytime thoroughbred racing in the southern zone,
the daily responsibilities of the Safety Steward included monitoring activities during
morning training and the racing program in the afternoon. The morning work included
enforcing CHRB rules relative to the welfare and safety of the horse and rider, such as
ensuring all riders are wearing the proper safety vests and helmets, performing tests on
the racing surfaces, assisting CHRB Investigators with barn inspections and supervising
the administration of Lasix (an anti-bleeder medication) to most horses entered to run
that day. In the afternoon, the Safety Steward keeps watch over “detention stalls,” i.e.,
stalls for horses entered to run that day, making sure no one entered the stall, applied
prohibited topical medications, etc., Responsibilities also included random inspections
of the jockeys’ quarters, completing accident reports and assisting the Board of
Stewards during hearings, as needed.
After the Panel was formed, however, approximately four hours of the Safety Steward’s
day was allocated to that important work. The other responsibilities were thereby
compromised. The additional resources sought via this BCP will not only allow for the
Safety Steward’s continued participation on the Panel but the enhanced performance of
the pre-Panel responsibilities described above. In addition, the important work of the
Panel can be duplicated at racetracks throughout the state, improving protecting the
welfare and safety of horses and riders throughout California.OFFICIAL VETERINARIANS
The Official Veterinarian’s (OV) responsibilities are stipulated under CHRB Rule 1560.
They include supervision of the receiving barn, where horses are isolated prior to each
race; the testing barn, where blood and urine samples are collected following each race
with chain-of-custody established for each; the administration and maintenance of the
“Veterinarian’s List,” on which horses that are deemed by the Official Veterinarian to be
sick, injured, lame or unsound are prohibited from racing; supervision of all
CHRB-licensed practicing veterinarians; and, perhaps most important, the Official
Veterinarian conducts pre-race physical examinations of all horses entered to race that
afternoon or evening.
INVESTIGATORS
Three Investigator positions requested would be assigned as presented in the
chart below:
Race Track Location Current Investigator Proposed Investigator
Staff Staff Increase
Santa Anita Park 3.0 1.0
Los Alamitos Race Course 2.0 1.0
California Exposition/State Fair 2.0 0.0
Golden Gate Fields 3.0 1.0
Total 10.0 3.0
Investigations include the identification of potential regulatory modifications to increase
rules governing equine safety and welfare issues that can impact riders and those
employed during the race meet. Outcomes of investigative case results can include
licensee adverse action if CHRB rules or criminal law violations occur. Adding 3.0
Investigator positions helps CHRB, the industry regulatory body, make sure equine
fatality cases are investigated thoroughly to protect the interests of all parties involved
and enforce a safe racing experience.
Projected Outcomes
Workload Measure 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25
Review preliminary 10 109 109 109 109 109
documents
Search and obtain 10 109 109 109 109 109
"Veterinary Confidential"
records
Identify all 10 109 109 109 109 109
trainers/veterinarians for
caseWorkload Measure 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25 Database review of all 30 327 327 327 327 327 parties Request Subpoenas 30 327 327 327 327 327 Serve Subpoenas 30 327 327 327 327 327 Receive and process 30 327 327 327 327 327 subpoena returns Review records 60 654 654 654 654 654 (vet/training, medication, race, necropsy, etc.) Follow-up if not all 10 109 109 109 109 109 records received from subpoena Prepare for interviews 30 327 327 327 327 327 Schedule interviews 30 327 327 327 327 327 Interview veterinarian 10 109 109 109 109 109 Interview Trainer 10 109 109 109 109 109 Interview Jockey/Rider 10 109 109 109 109 109 Other interviews 10 109 109 109 109 109 Meetings with 20 218 218 218 218 218 investigative team Discuss investigation with 10 109 109 109 109 109 Supervisor/Chief Review audio recordings 30 327 327 327 327 327 of interviews/take notes for report Write investigative report 10 109 109 109 109 109 Prepare investigation 10 109 109 109 109 109 report package Total Fatality 10 109 109 109 109 109 Investigations Completed F. Analysis of All Feasible Alternatives Alternative 1: Approve the Request for 3.0 Additional Investigator Positions; 6.0 Official Veterinarian and 3.0 Steward Contractors • Pro: Allows the Board to continue the new safety procedure, with panels at all California tracks. Ensuring the safety of all equine athletes and those working at the race track facilities is an integral part of the CHRB mission statement. Thorough and timely investigations of all equine fatalities will lead to the identification of safety and legislative changes that will ultimately improve safety for all involved in California horse racing. Given the current climate in horse racing, public perception is paramount to the success of the industry, which would provide dedicated resources to all equine fatality cases at California race tracks.
• Con: Results in increased state costs. Alternative 2: Approve Partial Contractor and Work Force Increase • Pro: The current fatality rates for horses while racing and training are threatening the viability of the racing industry, which provides thousands of jobs for Californians and has a deep economic impact beyond the track’s to the farms and the state’s greenbelt. A partial work force increase will begin to address the extra workload generated by the formation of the equine fatality investigation teams, although the timeline for case completion will require extension due to limited staff and contractor resources. This option assumes some mandated and high priority work will be delayed or incur long term postponement. • Con: Results in increased state costs. • Con: This alternative limits the Panel’s progress and results in the department having to limit taking action to improve injury results impacting health and safety. Alternative 3: Utilize Retired Annuitant Investigator resources • Pro: A viable resource includes Retired Annuitant Investigators, however, in order to investigate these fatality cases or any other CHRB enforcement duties, it is essential the Retired Annuitant have basic horse racing investigation experience. Applicants with that experience are uncommon. If the department is fortunate to locate and appoint qualified Retired Annuitant candidates, which is a part-time commitment, this would support a portion of the extra workload generated by the formation of the equine fatality investigation teams. Retired Annuitants are limited to 960 hours per year. To equate to a full-time equivalent position, six Retired Annuitants would be necessary to manage the additional fatality investigation workload. It would be very difficult to identify and hire that number of Retired Annuitants with the specialized knowledge required to investigate horse racing cases. • Con: The part-time work schedule would make it logistically difficult to manage a positive impact on the additional fatality workload demands. • Con: Results in increased state costs. Alternative 4: Do Not Increase Staffing nor Contractor Resources • Pro: Does not increase state costs. • Con: This option places the CHRB in the difficult and compromising position of imposing drastic workload increases without sufficient resources. The CHRB is challenged with protecting the public’s interest in an industry that is fighting for the public’s confidence while also vying for a competitive edge. A strong presence is a
difficult objective with limited resources tasked to oversee statewide fatality review operations. The new fatality investigation teams and contractor fatality review Panel remain a high priority for the CHRB and the Governor’s Office. Without additional resources, mandated and high priority enforcement work must be suspended, postponed or deferred. G. Implementation Plan Upon enactment of the 2020-21 Budget Act, personal service contracts for Stewards and Official Veterinarians will be executed with the intent of assignment confirmation to the fatality review Panel as expeditiously as contract processing can occur. Upon approval, the CHRB would initiate recruitment, interview candidates, make job offers, and begin the background investigation of chosen investigator candidates. The CHRB would expect to hire new staff within three months of recruitment commencement. Overhead expenditures for one investigator, including equipment, supplies and training, are expected to cost $ 6,300 annually, and to be absorbed by existing fiscal resources, and would not be funded by this request. H. Supplemental Information Please see Attachment A – 2019 CHRB Licensed Race Meets and Attachment B – Workload Analysis for additional information. I. Recommendation Recommend approval of an augmentation of $1,334,000 in 2020-21, and ongoing, permitting the execution of personal service contracts for 3.0 horse racing stewards, for 6.0 Official Veterinarians; as well as 3.0 full time permanent investigator positions, all to serve on horse fatality prevention Panels statewide.
Attachment A – 2019 CHRB Licensed Race Meets Thoroughbred Meetings – Central and Southern Zones: Race Track Location Dates Santa Anita Winter / Spring 12/19/18 – 06/25/19 Los Alamitos 06/26/19 – 07/16/19 Del Mar Summer 07/17/19 – 09/03/19 Santa Anita Fall 09/25/19 – 11/05/19 Del Mar Fall 11/06/19 – 12/03/19 Los Alamitos Winter 12/04/19 – 12/17/19 Thoroughbred Meetings – Northern Zones: Race Track Location Dates Golden Gate Fields Winter / Spring 12/19/18 – 06/09/19 Golden Gate Fields Summer 08/15/19 – 09/29/19 Golden Gate Fields Fall 10/17/19 – 12/11/19 Quarter Horse Meetings – Statewide: Race Track Location Dates Los Alamitos 12/26/18 – 12/17/19 Quarter Harness Meetings – Statewide: Race Track Location Dates Cal-Expo 12/26/18 – 05/07/19 Cal-Expo 10/27/19 – 12/23/19 Fair Meetings – Statewide: Race Track Location Dates Pleasanton 06/13/19 – 07/07/19 State Fair (Cal Expo) 07/12/19 – 07/28/19 Santa Rosa 08/01/19 – 08/11/19 Ferndale 08/16/19 – 08/25/19 Los Alamitos (LA County Fair 09/04/19 – 09/24/19 at Los Alamitos Fresno 10/04/19 – 10/14/19
Estimated Horse Population* Location Population Thoroughbred, South 2,750 Thoroughbred, North 1,300 Quarter horse, Statewide 850 Harness, Statewide 350 Total Estimated Population 5,250 *Varies according to time of year; includes off-site stabling at CHRB-licensed facilities at Los Alamitos and San Luis Rey Downs. Horses may be transported to the operating racetrack.
Attachment B – Workload Analysis
Below is a workload analysis for one CHRB Investigator in a one-year period. This
workload has been consistent over the past five years.
Number Workload Description Number Hours to Yearly
of Duties of Tasks Complete Hours
Hours writing investigative reports (average 94
1 94 1.70 160
reports)
2 Hours to perform barn inspections 240 0.50 120
Hours to gather and review investigative
3 220 0.50 110
documents
4 Hours interviewing witnesses 220 0.50 110
Hours to monitor equines, backstretch workers,
5 100 1.00 100
facilities and equipment
6 Hours investigating applicant's fitness for license 400 0.25 100
Hours to review voice mail/e-mail
7 475 0.20 95
complaints/issues
8 Hours to document and process evidence seized 182 0.50 91
Hours discussing cases with Equine Medical
9 180 0.50 90
Director/track Veterinarian
10 Hours for walk-in issues/complaints 450 0.20 90
11 Hours for internal/external facility inspection 45 2.00 90
12 Hours to conduct breath/urine licensee testing 425 0.20 85
Hours to open investigation/review preliminary
13 160 0.50 80
documents
14 Hours to work with track security staff 160 0.50 80
15 Hours to present cases at a Hearing 80 1.00 80
16 Hours reviewing licensee history/actions 160 0.50 80
17 Hours evaluating licensee criminal histories 140 0.50 70
18 Hours to work with track staff/management 130 0.50 65
19 Hours assisting with Financial Complaints 60 1.00 60
20 Hours for Hearing case preparation 60 1.00 60
21 Hours to discuss case with complainant 80 0.75 60
Hours tracking criminal case status/ordering court
22 30 2.00 60
documents
23 Hours travel to facilities statewide 13 3.00 40
24 Hours for off-track/auxiliary facility inspection 12 3.00 35
25 Hours monitoring paddock area/jockey room 40 .075 30
26 Hours in Training 1 24.00 24
Hours with law enforcement, animal control,
27 2 7.50 15
health department
Total Hours 2,080You can also read
