USTA Voices Opposition To New Racing Legislation, Saying Funding Will Drive Many Horsemen Out Of Business

The newly introduced Horseracing Integrity and Safety Act of 2020 (HISA) is, like its predecessors, a Thoroughbred bill written by elite Thoroughbred interests in an attempt to address elite Thoroughbred problems. Indeed, Senate Majority Leader McConnell's bill did not include Standardbreds or other breeds, and the press release that announced the bill repeatedly cited only Thoroughbred racing and its interests.

The bill has since been bastardized by an array of outside interests, and harness racing again has been pulled into the mix. A review of the revised language reveals that the bill now is a virtual clone of H.R. 1754 (Horseracing Integrity Act of 2019), and will harm, not help, Standardbred horses and the harness racing industry.

While the United States Trotting Association (USTA) strongly supports state-regulated, breed-specific, uniform medication rules for horse racing, the USTA strongly opposes the HISA for a number of reasons and sees several areas of significant concern to the Standardbred racing industry.

Lasix (Furosemide)

The legislation seeks to ban the race-day use of Lasix, a universally-accepted therapeutic medication. Veterinarians endorse Lasix as the only known treatment for Exercise Induced Pulmonary Hemorrhage (EIPH), a condition that causes varying amounts of bleeding in the lungs of racehorses as well as horses in the wild. Both the American Association of Equine Practitioners and the North American Association of Racetrack Veterinarians support the use of Lasix and oppose this legislation.

Proponents of the ban on the use of Lasix have purposely disseminated misleading information on the percentage of horses that suffer EIPH when they say that only five percent of horses “bleed” during racing. That statistic is the percentage of horses that suffer epistaxis, the most severe form of EIPH involving patent hemorrhaging from the nose. In fact, about 90 percent of horses bleed into their lungs during racing, with each bout of EIPH causing irreparable damage to lung tissue.

Lasix is not performance enhancing and, due to the very sensitive capabilities of testing, it cannot be used to mask illegal medications.

Unspecified Funding Mechanism with Extremely Inequitable Costs to Harness Racing

Various proponents of this legislation have indicated that a newly created, private Horse Racing Anti-Doping and Medication Control Authority would be funded by a surcharge to the owners and trainers of every horse in every race.

Standardbreds are a different breed with a significantly different racing performance model than Thoroughbreds. Since the average Standardbred races 19 times per year while the average Thoroughbred only six, that fee structure would result in three times the cost to Standardbreds compared to Thoroughbreds.

This newly created regulatory body will have to impose additional fees and costs on the industry with no oversight mechanism in place. Harness racing horsemen will be hit particularly hard because most of them are working-class people. It will drive many of them out of the business.

Testing and Oversight

The bill mandates a drug-testing authority that has no background in animal testing. The testing authority will be done by a private business – USADA – which tests certain human athletes.

Nowhere in the bill is there mandated ANY consultation requirement with the National Veterinary Service Labs for drug testing or the USDA Veterinary Services.

The bill snatches legitimate authority away from the states, forcing them to cooperate, and illegally delegates Congressional authority to a private company that is accountable to no elected official.

The USTA promotes and insists upon the humane and ethical treatment of its horses. Despite its inaccurate title indicating that it will make horses safer, this bill does the opposite. Whether it is right for Thoroughbred racing – its intended target – is not our concern. It most certainly is wrong for harness racing, will harm our industry, and put our horses and participants at risk.

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McConnell Introduces Horseracing Integrity and Safety Act in U.S. Senate

U.S. Senate Majority Leader Mitch McConnell (R-KY) and U.S. Senators Kirsten Gillibrand (D-NY), Martha McSally (R-AZ), and Dianne Feinstein (D-CA) introduced the Horseracing Integrity and Safety Act Wednesday to help set national standards to promote fairness, increase safety, and help preserve Thoroughbred racing. At a press conference last week in Lexington, the Horse Capital of the World, Senator McConnell joined U.S. Congressman Andy Barr (KY-06) and leading Kentucky stakeholders, including Keeneland, Churchill Downs Incorporated, Breeders’ Cup Limited, and the Jockey Club in announcing the introduction of the bill.

They also announced the launch of the Horseracing Integrity and Safety Authority, an independent, non-governmental regulatory body responsible for improving current regulations and bringing a new level of transparency. The Board will set national standards for track safety, anti-doping and medication rules, and lab protocols. Senators McConnell and Gillibrand’s bipartisan bill will provide federal recognition and enforcement power for the Board to enable them to develop uniform, baseline standards for Thoroughbred racing.

“It’s been a privilege throughout my Senate career to deliver for Kentucky’s signature horse racing industry and the workers who support it. The Horseracing Integrity and Safety Act we introduce today will help protect this sport for the future with uniform, national standards. Baseball, football, and other professional sports have a central regulatory authority, and Thoroughbred racing should too,” said Senator McConnell. “I am proud to join Senator Gillibrand, my colleague from another Triple Crown state, in introducing our bipartisan legislation, along with Senator McSally and Senator Feinstein. Together, we can make Thoroughbred racing as fair and as safe as possible. We owe nothing less to the jockeys, trainers, breeders, equine athletes, and fans.”

“Having grown up near the races at Saratoga Raceway, I know how important it is to protect horses at Saratoga and across the country. Congress must put an end to the harsh treatment of racehorses and solidify health and safety standards for both racehorses and racetracks,”said Senator Gillibrand“I’m proud to work with Majority Leader McConnell on the bipartisan Horseracing Integrity and Safety Act. This legislation will do the important work of creating an independent regulatory process tasked with implementing anti-doping and safety programs to help ensure health and safety in America’s historic horseracing industry.”

“The misuse of potentially dangerous substances in racehorses to boost performance harms horses and has led to numerous injuries and deaths,” said Senator McSally. “I have worked for years to protect racehorses against this abuse and uphold the integrity of the sport. I’m pleased to join Majority Leader McConnell and other bipartisan Senators to do just that by creating uniform racetrack safety standards that will better enforce anti-doping measures.”

“I’m pleased to join Leader McConnell in introducing a bill to finally establish uniform, nationwide standards to protect racehorses, jockeys and the integrity of the sport,” said Senator Feinstein. “Given the troubling number of racehorse deaths in recent years, this legislation is a step in the right direction, and I will continue working to ensure that increased safety standards, like those adopted in California, are applied nationally.”

Through its communications director Patrick McKenna, the New York Racing Association issued a statement saying: “The New York Racing Association, Inc. (NYRA) strongly supports the Horseracing Integrity and Safety Act and urges both houses of Congress to quickly bring this bill to a vote. NYRA has long supported a national approach to medication control and anti-doping across horse racing, and this legislation will move the sport forward through a unified set of enhanced safety and integrity standards. We thank Congressman Paul Tonko (D-NY) and Senator Kirsten Gillibrand (D-NY) for their work to prioritize the future of a sport responsible for 19,000 jobs in New York and more than $3 billion in annual statewide economic impact, including $240 million alone in the Capital Region during a traditional summer meet at Saratoga Race Course.”

U.S. Congressmen Andy Barr (KY-06) and Paul Tonko (NY-20) will sponsor identical legislation in the U.S. House of Representatives

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NTRA Votes to Support HISA

The Board of Directors of the National Thoroughbred Racing Association (NTRA) has voted to support passage of the Horseracing Integrity and Safety Act of 2020 (HISA). The action was taken Wednesday afternoon at a special meeting of the Board of the Directors.

The HISA will improve the integrity and safety of Thoroughbred racing by requiring uniform safety and performance standards, including an anti-doping and medication control program and a racetrack safety program to be developed and enforced by an independent Horseracing Integrity and Safety Authority.

“We thank Senate Majority Leader Mitch McConnell for his willingness and unique ability to bring the industry to the table to craft this comprehensive legislation,” said Alex Waldrop, President and Chief Executive Officer of the NTRA. “We also applaud Congressmen Paul Tonko (D-NY) and Andy Barr (R-KY) and Senator Kirsten Gillibrand (D-NY) for their pioneering efforts in support of federal anti-doping and medication control standards in the form of the Horseracing Integrity Act, which served as the basis for this historic compromise. We are committed to working with Leader McConnell, Sen. Gillibrand, Rep. Tonko, Rep. Barr and other allies in Congress to pass this important legislation before the end of this year.”

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