Request to Modify 71 IAC 7.5-5-1 Horses Ineligible

Pursuant to ‘71 IAC 2-12-1 Procedures,’ Indiana Breeder & Owner Protection, Inc. (IBOP) is requesting that the Indiana Horse Racing Commission (IHRC) consider the amendment of '71 IAC 7.5-5-1 Horses ineligible'. Please consider this correspondence as IBOP’s petition for the IHRC to amend this administrative rule by striking 71 IAC 7.5-5-1(a)(28) which prohibits a thoroughbred or quarter horse age 12 or above from participating in racing in Indiana. With this particular petition, our request does not include the corresponding rule in the standardbred racing rule book which deems horses to be ineligible at fifteen years of age and over.

IBOP's view is that the restriction provided by 71 IAC 7.5-5-1(a)(28), which was added in March of 2008, is an arbitrary limitation on an owner's ability to determine, in conjunction with their trainer and veterinary professionals, the length of a horse's racing career. IBOP would appreciate the modification to this rule be considered as an agenda item at the next regularly scheduled IHRC meeting. Given Governor Pence's moratorium on regulations as per Executive Order 13-03, we feel that this request would fall under the exception for "rules that repeal existing rules or reduce their regulatory impact."

In our review of the administrative codes of surrounding racing states, we found no such age restriction in Kentucky (810 KAR 1:012.8), in Illinois (Section 1413.230 or Section 1413.250), or in Ohio (Chapter 3769-5-33). While we did not conduct an exhaustive review of all racing states, we did also discover that Florida has no such requirement as well. In addition, our review of the Association of Racing Commissioners International (ARCI) Model Rules, after which 71 IAC 7.5-5-1 is patterned to a very large degree, we find no restriction as in 71 IAC 7.5-5-1(a)(28) in 'ARCI-010-030 Horses Ineligible.'

The common thread in all of the administrative rules that we reviewed, including 71 IAC 7.5-5-1, is to provide safeguards to the equine athlete by requiring that a horse be in sound racing condition to be eligible to race. 71 IAC 7.5-5-1(a)(15) specifically makes a horse ineligible if "it is not in sound racing condition." In addition, per IHRC rules, the Official Veterinarian has the ability to safeguard equine athletes by being able to recommend to the stewards "any horse deemed unsafe to be raced" or "a horse that it would be inhumane to allow to race." The protections provided the equine athlete are already substantial within the Indiana Administrative Code. IBOP's petition is centered in the belief that soundness should always be the determination of eligibility to race, but not necessarily an arbitrary age.

As an example, we only need to point to Indiana-bred Heza Wild Guy, who is the second leading money earner of all-time for an Indiana-bred with $694,447 in lifetime earnings. (Heza Wild Guy 's total was surpassed by Unreachable Star in 2012 with $701,732 in lifetime earnings.) Having just turned 12-years old, the age restriction in 71 IAC 7.5-5-1 makes Heza Wild Guy ineligible to race in Indiana. According to his trainer, this multiple stakes winner is sound after 84 lifetime starts (32 wins) and is training toward his first start in 2013. This is after coming off of an 11-year old campaign that included two wins and two third place finishes in six races in Indiana, including a win in his last race in September.

We would appreciate your consideration of this petition. For convenience, 71 IAC 7.5-5-1 is copied below:

71 IAC 7.5-5-1 Horses ineligible
Authority: IC 4-31-3-9
Affected: IC 4-31
Sec. 1. (a) A horse is ineligible to start in a race when:
(1) it is not stabled on the grounds of the association or present by the time established by the commission;
(2) its breed registration certificate is not on file with the racing secretary or horse identifier, unless the racing secretary has submitted the certificate to the appropriate breed registry for correction, or the information contained on the registration certificate is available to the racing secretary, or his designee, through the electronic registration system:
(i) the stewards for good cause may waive this requirement if the horse is otherwise correctly identified to the satisfaction of the stewards and identifier;
(ii) upon claim, sale, or any other transfer of ownership and the foal certificate is not otherwise on file with the racing secretary, the previous owner shall present the foal certificate to the racing secretary within seventy-two (72) hours of the change of ownership so the ownership can be updated;
(iii) if the electronic registration system fails for any reason, the stewards may require presentation of a horse's registration certificate prior to a horse being entered or raced in Indiana;
(iv) the stewards may at any time require presentation of a horse's registration certificate; and
(v) a horse may not receive a preference date prior to entry unless the horse's registration paper is on file with the racing secretary;
(3) it is not fully identified and tattooed is the inside of the upper lip or identified by any other method approved by the appropriate breed registry and the commission;
(4) it has been fraudulently entered or raced in any jurisdiction under a different name, with an altered registration certificate, or altered lip tattoo or other identification method approved by the appropriate breed registry and the commission;
(5) it is wholly or partially owned by a disqualified person or a horse is under the direct or indirect training or management of a disqualified person;
(6) it is wholly or partially owned by the spouse of a disqualified person or a horse is under the direct or indirect management of the spouse of a disqualified person, in such cases, it being presumed that the disqualified person and spouse constitute a single financial entity with respect to the horse, which presumption may be rebutted;
(7) the stakes or entrance money for the horse has not been paid, in accordance with the conditions of the race;
(8) its name appears on the starter's list, stewards' list, or veterinarian's list;
(9) it is a first time starter and has not been approved to start by the starter;
(10) it is owned in whole or in part by an undisclosed person or interest;
(11) it lacks sufficient official published workouts or race past performances;
(12) it has been entered in a stakes race and has subsequently been transferred with its engagements unless the racing secretary has been notified of such prior to the start;
(13) it is subject to a lien which has not been approved by the stewards and filed with the horsemen's bookkeeper;
(14) it is subject to a lease not filed with the stewards;
(15) it is not in sound racing condition;
(16) it has had a posterior digital neurectomy (heel denerving), which has not been approved by the official veterinarian;
(17) it has been trachea tubed to artificially assist breathing;
(18) it has been blocked with alcohol or otherwise drugged or surgically denerved to desensitize the nerves above the ankle;
(19) it has impaired eyesight in both eyes;
(20) it is barred or suspended in any recognized jurisdiction;
(21) it does not meet the eligibility conditions of the race;
(22) its owner or lessor is in arrears for any stakes fees, except with approval of the racing secretary;
(23) its owners, lessors, lessees, or trainer have not completed the licensing procedures required by the commission;
(24) it is by an unknown sire or out of an unknown mare;
(25) there is no negative test certificate for equine infectious anemia issued within the preceding twelve (12) months attached to its breed registration certificate;
(26) if a quarter horse, it has shoes (racing plates) that have toe grabs with a height greater than four (4) millimeters (fifteenthousa nd seven hundred forty-eight hundred-thousandths (0.15748) inches), or any other traction device on the front hooves while racing or training on all racing surfaces;
(27) if a thoroughbred, it has shoes (racing plates) which have toe grabs with a height greater than two (2) millimeters (seventho usand eight hundred seventy-four hundred-thousandths (0.07874) inches), bends, jar caulks, stickers, or any other traction device on the front hooves while racing or training on all racing surfaces;
(28) it has reached the age of twelve (12); or
(29) it is a maiden that has reached the age of six (6);
(30) whose race date is within ten (10) days of having extracorporeal shock wave or radial pulse wave therapy.
(b) The stewards may consider extenuating circumstances in determining ineligibility of a horse with respect to subsection (a)(1) and subsection (a)(2) [Subsection (a)(1) and (a)(2)]. (Indiana Horse Racing Commission; 71 IAC 7.5-5-1; emergency rule filed Jun 15, 1995, 5:00 p.m.: 18 IR 2870, eff Jul 1, 1995; emergency rule filed Aug 9, 1995, 10:30 a.m.: 18 IR 3408; readopted filed Oct 30, 2001, 11:50 a.m.: 25 IR 899; readopted filed Mar 23, 2007, 11:31 a.m.: 20070404-IR-071070030RFA; emergency rule filed Jul 23, 2007, 9:16 a.m.: 20070808-IR-071070461ERA, eff Jul 18, 2007 [IC 4-22-2-37.1 establishes the effectiveness of an emergency rule upon filing with the Publisher. LSA Document #07-461(E) was filed with the Publisher July 23, 2007.]; errata filed Aug 14, 2007, 1:28 p.m.: 20070829-IR-071070461ACA; emergency rule filed Mar 12, 2008, 1:53 p.m.: 20080326-IR-071080191ERA, eff Mar 11, 2008 [IC 4-22-2-37.1 establishes the effectiveness of an emergency rule upon filing with the Publisher. LSA Document #08-191(E) was filed with the Publisher March 12, 2008.]; emergency rule filed Mar 19, 2009, 11:07 a.m.: 20090401-IR-071090195ERA, eff Mar 12, 2009 [IC 4-22-2-37.1 establishes the effectiveness of an emergency rule upon filing with the Publisher. LSA Document #09-195(E) was filed with the Publisher March 19, 2009.]; emergency rule filed Mar 23, 2010, 1:27 p.m.: 20100331-IR-071100170ERA; emergency rule filed Mar 8, 2012, 11:43 a.m.: 20120321-IR-071120117ERA; emergency rule filed Jul 5, 2012, 2:14 p.m.: 20120718-IR-071120402ERA)

Thank You,


Jim Hartman
IBOP Vice-President

CC: Chairman Diener
Vice-Chairman Schaefer
Commissioner Grimes
Commissioner Barclay
Commissioner Schenkel