Officials Announce the Horseracing Integrity and Safety Authority; Horseracing Integrity Act to Be Introduced in Senate

Backed by the political clout of United States Senate Majority Leader Mitch McConnell (R-KY), proponents of a federal bill mandating an independent anti-doping and medication control program for horse racing announced at an Aug. 31 press conference at Keeneland that a retooled version of the framework of legislation that has existed since 2015 will be introduced in the Senate in September by McConnell himself.

Backers of the bill spoke Monday of newfound compromise and consensus among the sport’s stakeholders that they said would help to usher the Horseracing Integrity and Safety Act (HSIA) to passage. They also outlined how a nine-member oversight board known as the Horseracing Integrity and Safety Authority would craft the new program, and how that Authority would contract with the United States Anti-Doping Agency (USADA) to manage and administer the new set of rules. A fresh component that would also cover racetrack safety standards will also be written into McConnell’s new version of the bill.

But more questions than answers were raised by the half-hour media event. There was no discussion of how this new Authority would be funded, and there was zero mention of the contentious topic of race-day medication (specifically Lasix), the prohibition of which has been a difficult sticking point in previous versions of the bill.

Although a representative from Churchill Downs, Inc. (CDI), was on the sales pavilion stage with the bill’s proponents and the Horsemen’s Benevolent and Protective Association (HBPA) was mentioned as a supporter two minutes before the press conference ended, there was no discussion about what tradeoffs had been made to gain the favor of those two entities, both of which had previously not supported federally mandated oversight of the sport.

In addition, the post-conference question-and-answer session with reporters was not made available to journalists working off the internet stream. TDN emailed McConnell’s media liaison three brief follow-up questions about funding, the status of race-day medication, and how the compromises with non-supporters came about. A spokesperson replied without addressing the questions, writing instead that “I will make sure you’re updated with more info when the Senator’s bill is introduced!”

The Blood-Horse subsequently reported that the new bill would still outlaw the use of race-day Lasix, but that states would be allowed to request a three-year waiver for some exceptions. TDN could not independently verify this aspect of the legislation.

McConnell, who is running for reelection to a seventh term, began the introduction of his bill by saying he decided to get involved in the crafting of federal horse racing legislation after reading that the Washington Post had editorialized banning the sport outright.

“We’ve seen painful tragedies on the track in recent years. Doping scandals have rocked the horse racing community,” McConnell said. “These challenges pose a threat, not only to this industry, but also to the 24,000 Kentuckians who work in it…. If we want to preserve horse racing and its future, we [need] to act.”

McConnell said his bill, which is expected to be introduced sometime after the current Congressional break that extends through Labor Day, will give federal recognition and enforcement responsibility for the Authority “to develop uniform, baseline standards. With the weight of the federal government behind the [Authority] we can improve current regulations. We can better protect every competitor and give each of them a fair shot at the winner’s circle.

“I’ve had some preliminary discussions with [Democratic Senator] Dianne Feinstein from California, who’s had an ongoing concern about this and an interest in it,” McConnell continued. “We anticipate we will have bipartisan support. This is not a particularly bipartisan place we’re in right now in Congress, as you may have noticed. But we are hopeful that a subject like this can overcome the partisanship that’s pretty much been on full display as we get closer and closer to the election.”

U.S. Representative Andy Barr (R-KY), who co-chairs the Congressional Horse Caucus and has co-sponsored three previous versions of the Horseracing Integrity Act (2015, 2017, 2019), said that he plans to support an amendment to his existing piece of legislation that is still active in the House “to bring it into mirror-image conformity” with McConnell’s proposed version.

“The consensus we are here to announce and celebrate today not only accelerates our momentum, it is propelling us down the home stretch,” Barr said. “And I’m confident it will advance the safety, integrity, and international competitiveness of American horse racing.”

McConnell’s version, Barr said, “materially improves our bill by adding a focus on track surface safety, and by making reasonable changes that have enabled us to enlarge our coalition of support and bring more organizations with the industry together in support of our legislation…. As I’ve said many times, this legislation is not about more regulation. It is about creating a single, nationwide set of rules that will result in smarter, more effective, streamlined regulation for the industry.”

Barr said the previous three versions of the Integrity Act that he championed served to aid in “educating members [of Congress] about the industry and persuaded our colleagues that horse racing is a matter of interstate commerce, and that Congress has the constitutional authority to regulate it.”

Barr thanked Churchill Downs for working with his coalition and “joining the cause,” and he praised the HBPA for sharing an “influential voice in support of this legislation.”

But Barr did not elaborate on what those “reasonable changes” were that won over those two opponents. And Eric Hamelback, the HBPA’s national chief executive, did not return a voicemail request for comment left by TDN prior to deadline for this story.

CDI chief executive Bill Carstanjen, who as recently as last October said he had “serious concerns” about the Integrity Act and did not think federal legislation was “practical, reasonable, or imminent,” on Monday spoke in favor of McConnell’s forthcoming version of the bill.

“The crux of the bill is that this new entity, the Authority, will have jurisdiction over the design, implementation and enforcement of anti-doping and medication controls, as well as racetrack safety protocols,” Carstanjen said. “With respect to the anti-doping and medication control program, the Authority will contract with the United States Anti-Doping Agency (USADA) for their services in managing and administering the program developed by the authority. The Authority may also contract with state racing commissions, as it makes sense both with respect to the medication and control program and racetrack safety program.”

Bill Lear Jr., the vice chair of The Jockey Club, detailed how a “blue-ribbon panel” would choose an “independent board” that would, in turn, govern the Authority.

That independent board, Lear said, will be primarily comprised by people outside the industry, and it will be “supported by two substantive standing committees” (one for medication and anti-doping, another for track safety). A third standing committee, he explained, will evolve out of the blue-ribbon panel into a “permanent nominating committee to ensure that we always have top-quality people, the kind we would want to regulate the industry, all with no conflicts.”

The enforcement entity will be USADA, Lear said, adding that “the hallmark of this entire program will be independence, industry expertise, and effective enforcement.”

 

Following McConnell’s introduction of the Horseracing Integrity and Safety Act in Lexington, Monday,  industry groups and legislators released statements in support of the bill. Their statements follow.

NYRA President and CEO Dave O’Rourke:

“NYRA has long supported a national approach to medication control and anti-doping across the sport of horse racing. The safety and welfare of the athletes competing at NYRA tracks is our highest priority, which is why NYRA supports the Horseracing Integrity and Safety Act and urges quick consideration by Congress.

“NYRA is committed to providing the safest possible environment for racing and training by adopting and implementing the best proven safety practices in consultation with independent experts, veterinarians, horsemen and regulators.”

For additional information on NYRA’s industry leading commitment to safety, visit https://www.nyrainc.com/about/nyra-safety.

Craig Fravel, Chief Executive Officer of The Stronach Group’s 1/ST RACING

“1/ST RACING is committed to achieving the highest level of horse care and safety standards in Thoroughbred racing and we strongly urge Congress to consider the adoption of The Horseracing Integrity and Safety Act that will introduce national policies to control medication and regulate anti-doping in the sport of horseracing.

At 1/ST RACING our priority is to ensure the safety of our horses and riders and we believe that the investment into equine health and safety is not only the right thing to do, it is crucial to the future of Thoroughbred horseracing. The Horseracing Integrity and Safety Act recognizes that industry stakeholders including the owners, trainers, breeders, jockeys, and racetrack operators must be unified toward a new standard of equine health, safety and welfare.”

Joe Appelbaum, President of the New York Thoroughbred Horsemen’s Association

“Horsemen should view today’s developments with the Horse Racing Integrity and Safety Act with hope. It’s been clear for a generation that a systematic approach to equine welfare is needed and this effort is a big step in that direction. The broad changes proposed today by Senator McConnell are a significant improvement on previous drafts of legislation and I’d like to personally commend the industry participants for working together to overcome their differences.

The real work starts now, as we will need to not only pass this legislation, but actually implement its proposals. NYTHA looks forward to working with all parties to ensure that horse racing has a worthy system ensuring the safety of our equine athletes and a level playing field. Our primary stakeholders, horsemen and bettors, deserve nothing less.”

Representative Paul D. Tonko (D-NY)

“For nearly six years now, I have led a broad, bipartisan campaign to bring America’s sport of kings into the modern age, including common sense measures to protect our equine athletes and bring greater integrity to the sport of horseracing. Today’s announcement of legislation to be introduced in the Senate means, after all this time, we are rounding the final turn. With the support of Senate Majority Leader McConnell and Churchill Downs, I am confident that this compromise legislation will unite all who are interested in building a strong foundation and a prosperous future for this noble sport. I look forward to advancing this legislation in the House as an amended form of our Horseracing Integrity Act before the end of the year.”

 

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Doncaster a Weathervane in Tempestuous Times

DONCASTER, UK–Well, this is the day when perhaps we’ll start to know. Only perhaps, mind. Each auction is a market in its own right and, besides, everyone has over recent months become accustomed to such wild fluctuations in outlook that the world can look a very different place between breakfast and dinner, never mind between the opening session of the yearling sales season, at Doncaster on Tuesday, and its conclusion two months hence.

All that said, the opening skirmishes of the Goffs UK Premier Yearling Sale are bound to be treated as a barometer for what lies ahead. During these uniquely challenging times, vendors and consignors will watch the early returns with far more than even their customary trepidation. Equally, the likelihood of “a buyer’s market” will not assuage the anxieties of core clients such as trainers, nervously awaiting orders, or pinhookers, who have to gamble on a return of economic confidence as soon as next spring.

So while the whole community has demonstrably been at pains to hold its collective nerve and work together, not least the rival sales companies, it is only when the gavel comes down that we can begin to know whether we have merely been helping each other to rearrange the furniture on the Titanic; or have actually managed to board a serviceable lifeboat, with a functioning motor and plenty of buckets.

For the little it may be worth, the ambience on the sales grounds on the eve of the sale seemed positive. The consensus was that there were more prospectors, relatively speaking, than has been the case at sales staged in other sectors since the lockdown. Nobody was foolhardy enough to be making predictions, and the ongoing fidelity of the Maktoums–perennial mainstays of the industry–is being monitored with more angst than ever.

But perhaps there was something auspicious about the change in the weather: horses had been unloaded over the weekend into a bitter north wind, like a sadistic downpayment of the coming winter. On Monday, they were being displayed in the kind of perfect late-summer weather–high, slow clouds occasionally filtering warm sunshine–that could only be more flattering to cricket on the green than it was to the shimmering flanks of a meticulously groomed yearling.

At the best of times, Henry Beeby approaches the sales season with a candid paranoia about picking up any kind of infection that might compromise his resonance from the rostrum. As a friend said to the Goffs CEO: “You must be delighted: nobody’s touching you, everyone’s washing their hands the whole time–and nobody thinks you’re weird anymore!”

But the pandemic has been a rollercoaster to challenge even Beeby’s trademark dynamism.

“An ex-colleague, who has retired, rang me up recently and said: ‘I bet you’d like a bit of foot-and-mouth!'” Beeby says. “And I said: ‘Well, I’m not sure I’d like it. But yes, by comparison, having seemed an absolute nightmare at the time, foot-and-mouth now seems like the mildest of inconveniences.’ When we moved a sale, someone said: ‘At least you’ve given us certainty.’ And I replied: ‘In the COVID world, there is no such thing as certainty.'”

That clearly extends to the next two days. While it would clearly be unfair to invite public commitment to any specific number, even in private it is presumably difficult for the Goffs management to agree what might pass as a tolerable loss of momentum after the relentless bull run of recent years. In broad brush-strokes, however, Beeby explains that the accountants will be measuring the year against an established “worst-case scenario.”

“I’ll be quite open,” Beeby declares. “Our financial year is Apr. 1 to Mar. 31 so, if there could be such a thing, I suppose from that point of view it happened at the right time. It meant we could recalibrate all our budgeting for the year. Rather than base it on the last couple of years, we said: ‘What is the worst year we have had, in terms of ring turnover, in recent memory?’ In Ireland, it was 2010; in England, 2013. So we worked everything backwards from there: if we can hit those targets, having worked out our costs to a break-even position, then we can just tread water and hopefully move forward again after COVID.”

Beeby remarks that last year’s Irish turnover of around €123 million matched almost precisely the business done in 2007, having slumped to €45 million in 2010 after the financial crisis. In other words, a perfect U-shaped recovery had been completed. What the whole global economy is craving now, of course, is a much narrower, steeper “V” revival.

“It does put everything in perspective,” Beeby reflects. “Normally, you’re deeply upset if your sale hasn’t grown by at least inflation. But now it’s a question of leading with the clearance rate, because our primary focus–going into every sale–is to deliver liquidity to the market, to let the vendors sell their horses for a price they can accept.

“The Land Rover Sale was down 36%. In a normal year, that would have me virtually suicidal, though actually, compared to its competitors, it wasn’t too bad. But the clearance rate on day one was 84%. Slightly less on the second day, but it was a question of just keeping the wheel turning, keeping the market going, keeping the liquidity, helping people through their cycles. Because of course a yearling is only a yearling once, and same with your 3-year-old store, or your breeze-up horse.

“So what it needs from us, and from our clients, is adaptability, flexibility, reactivity. It’s about not being afraid to act quickly, to make quick decisions; but equally to be unafraid of saying: ‘No–we need to change it again.'”

And Beeby speaks warmly of how the industry, as a whole, has stepped up to the plate. He is also perfectly aware that a lot of people looked to the sales houses for a lead. He stresses that Goffs and its principal rival Tattersalls already tend to work together, in the interests of their clients, more routinely than people may realise.

“We are competitive, of course we are, but this year in particular it’s been a question of putting that to one side and helping each other,” Beeby says. “Because we know we’re in it together. There was a period of a week or 10 days when I think I must have spoken more to [Tattersalls chairman] Edmond Mahony than some of my colleagues. We’re swimming in a very small pool, most of the clients are mutual clients, and in various categories–be it the breeze-ups, be it stores, be it yearlings–most major vendors sell in all places. So it just makes enormous sense to co-operate and co-ordinate and harmonise.”

The toughest nettle to be grasped, perhaps, was the decision to transfer the Orby and Sportsman’s Sales here to Doncaster from Co Kildare.

“The Orby used to be called the Irish National Yearling Sale,” Beeby notes. “It’s a major event in Ireland. The modern-day Goffs was set up in 1975 to provide high-class facility in Ireland for Irish breeders, so it was a big decision to move. But aren’t we lucky that we had this complex here? First of all, prior to 2007, it wouldn’t have been as easy because D.B.S. [Doncaster Bloodstock Sales] was a separate entity; and prior to 2008, we were across the road with 290 stables that weren’t to a high enough standard for these horses, and certainly the Orby and Sportsmans. So we’re very lucky that we are served by two such high-class sales facilities. And largely people have said: ‘That makes sense, let’s do it.'”

No market, of course, can sustain perennial growth. Nobody could have anticipated quite what it was that eventually broadsided the bloodstock bonanza, but everyone always knew that cycles are inevitable. In our industry, moreover, too many sectors are too interdependent for the headline figures to show “pure” gain. Many Thoroughbreds are sold many times over: in utero, even, and certainly as foals, yearlings, breezers, horses-in-training, breeding stock. And then everything starts over. But an apparently booming yearling market, for instance, always raises the stakes for the breeze-up sector. In turn, that will often mean that even a corresponding boom in the 2-year-old market is illusory; that margins have remained pretty stable.

Certainly pinhookers here are treading warily. “We have seven months for everything to turn round,” said one. “But we don’t even know what things will look like in seven days.”

Another, who had actually come out ahead from the breeze-up sector’s delayed calendar, was hoping that these initial yearling exchanges may be particularly cagey, saying: “If they do wait and see, then I’m hopeful I might get one or two early on. But nobody knows what’s going to happen. If we had another lockdown of racing, then we’re all in trouble. But we’re here. That’s a start!”

And it is in these times, when the soil seems thinnest, that the seeds of subsequent fortune will often be sown.

“Absolutely,” says Beeby. “There will be great opportunities. These horses were bred in pre-COVID times, when things were going really well, and there are some beautiful horses here.”

As detailed by colleague Kelsey Riley in yesterday’s edition, moreover, Premier Sale graduates have been excelling even in the constricted programme contrived after lockdown. As ever, they have been doing so where the emphasis is on speed; but they have been doing so at the highest level, with consecutive wins in both the GI Commonwealth Cup and GII Norfolk S. at Royal Ascot. Already nine graduates of last year’s sale have won stakes.

Beeby feels that the bloodstock market, so far as it has been tested, has so far stood up surprisingly well at a time when owners have been deprived of their customary adrenaline at the racetrack; and when prizemoney dividends have made even less sense than usual of the investment demanded of them. That gives him “quiet hope” for the next two days.

“There’s going to be a market here,” he says with a shrug. “Quite what it is, remains to be seen. But it’s the old cliché. All you can do is your best. We are a very resilient industry. And why is that? It’s because for most of us, it’s not a job, it’s our life; it’s what we live and breathe. Even if we wanted to, most of us probably couldn’t do anything else. I certainly can’t: I’ve done this for 38 years, don’t want to do anything else, and am certainly not qualified to. And I daresay that’s true of most of us here. So what do you do? You make hay when the sun shines. You have a good time, you make the most of it. And when things go badly, you knuckle down and make sure you get through it.

“There was a time, before the breeze-up sales, when the previous year we had already turned over £46 million–and this time it stood at zero. But what’s been heartening has been the calmness of so many people. There’s never really been a sense of panic, which you could have understood. People have said: ‘Just give us something to aim for.’ And even though sometimes we’ve had to change even that, there has just been that feeling that we have to keep the wheel turning. People have been prepared to knuckle down and work together, put their normal differences or individual ambitions to one side. That’s been refreshing.

“We have to keep trying, to keep as much normality as we can in an incredibly abnormal world. And I suppose someday we’ll look back and say: ‘Do you remember 2020?'”

He gives a wry grin. He knows how few of us will do so in tones of nostalgia. But even though his father, DBS stalwart Harry, will be missing for the first time since 1964, he will be avidly following proceedings on Beeby’s mother’s “machine”.

“So the message,” concludes Beeby, “is really to keep calm and carry on.”

The first of 423 lots catalogued over two sessions enters the ring at 10 a.m. on Tuesday.

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Equibase to Evaluate GPS Timing System

In light of reports questioning the accuracy of the Gmax timing system, which relies on GPS technology, Equibase announced Monday in a statement that it will conduct an “extensive analysis” of the systems that is in place at 11 racetracks and will look to increase quality control efforts with respect to the GPS timers.

The accuracy of the GPS method became such an issue for the team putting together the Beyer speed figures that they have been hand timing the races from the Gmax tracks and have been using those times when making their figures.

“My colleagues and I are relieved that Equibase has recognized the flaws with its GPS race timing,” Andy Beyer said. “Everybody in the sport should share this relief. Without precise times, nobody can evaluate horses properly. As Equibase moves forward with GPS technology, I hope it will be more careful to vet the product and make sure that any data it publishes will be accurate.”

Equibase said it will consult the figure-makers as it moves forward and attempts to improve the GPS system.

Gmax has been replacing the traditional timing method, which is a teletimer systems that involves beams. Beyer and others have contended that the beam system is more accurate than GPS. Equibase said that it will look to combine the two methods.

“The result should be better overall performance and a more comprehensive data set,” the announcement read.

In addition, Equibase said it will not replace the beam system with Gmax at any additional tracks “until we are satisfied that the replacement provides a similar or better level of accuracy.”

The statement in its entirety reads:

There have been recent reports about the timing accuracy of GPS technology that Equibase has deployed at several tracks. We are conducting an extensive analysis of these installations. In the meantime, we are increasing our quality control efforts with respect to the GPS timing data and have sought input from speed figure makers and others in the racing community. We are also working toward a more integrated timing and tracking solution that combines the times produced by the beam system with the positional data produced by GPS. Finally, we will not replace another beam system

   Equibase has served as the official database for Thoroughbred horse racing’s performance data for more than 20 years. It is a responsibility that we take very seriously, and we will provide updates on our progress with GPS timing.

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