horseracing integrity and safety act | Horse Racing Free Tips

The Week in Review: HBPA Says ‘Ramrodded’ Integrity Act Could Get Challenged As ‘Unconstitutional’

If the Horseracing Integrity and Safety Act (HISA) gets passed by the United States Senate and then signed into federal law, the National Horsemen’s Benevolent and Protective Association (NHBPA) could launch a legal challenge against it based on the alleged unconstitutionality of the independently overseen anti-doping, drug testing, and racetrack safety standard programs that the new federal law would create.

Leroy Gessmann, who serves as both the NHBPA president and as Arizona HBPA’s executive director, told commissioners at the Oct. 8 Arizona Racing Commission (AZRC) meeting that “this thing is being ramrodded right now by [U.S. Senate Majority Leader Mitch] McConnell…. We feel this thing is unconstitutional, just as the ban on sports betting was unconstitutional. We have the same attorneys looking into it.”

Gessmann did not speak in specifics about which aspects of the bill the NHBPA considered unconstitutional. Nor did he outline what the purported similarities were to the federal ban on sports betting that got overturned by a 2018 U.S. Supreme Court ruling.

Although previous versions of the Integrity Act have existed in the House of Representatives since 2015, the Senate version of the HISA (SB 4547) that was introduced by McConnell Sept. 9 has language that now matches the amended House version that passed with bipartisan support Sept. 29. As the majority leader, McConnell determines which bills come up for action in the Senate, and the longtime Kentucky legislator has consistently indicated he’s strongly in favor of a vote on HISA happening prior to the end of the current legislative session.

Gessmann’s comments came 22 minutes into an AZRC presentation last Thursday that detailed possible implications of the HISA on the sport’s regulation in Arizona. He was asked by the commission if he’d like to speak on the issue, and to clarify if he’d be commenting personally or as an HBPA representative.

“I’m going to speak on this topic as the National HBPA president,” Gessmann said. “Although there are a few good things in this bill, there’s a lot of concerns…. There’s been a version of this bill for six years in the House, and it’s never gone anywhere. And then when McConnell teamed up with Keeneland, Churchill, The Jockey Club, this thing all of a sudden took off.

“National HBPA is against this bill because of the Lasix issue [and] because of the formation of the Authority,” Gessmann said. “The Authority is made up of nine members, and they are appointed, they’re not elected [and] they can have nothing to do with the horse industry. They can have no experience or be involved in any way in the horse industry. [So] how [you] take people that don’t know anything about a horse and put them in charge of such an operation is beyond me.

“The other key issue [is] the expense of this is going to be a burden on the horsemen,” Gessmann continued. “Every start, you’re going to be assessed. The tracks are going to be assessed, and the state is going to be assessed to pay for this Authority and to oversee this thing on a national basis. Although we feel as horsemen the safety of the tracks are important, [there] is going to be major concerns with the safety of the racetracks, especially in Arizona.”

Gessmann did not elaborate on why Arizona, in particular, would face outsized concerns about racetrack safety.

At a later point in the discussion, Gessmann was asked how McConnell’s re-election bid factored into the outcome of the HISA bill.

“McConnell is trying to get it passed through in the ‘lame duck’ session before it ends, before his term ends,” Gessmann said. “If they don’t get it done in the lame duck session, then the bill dies, and they have to start all over.”

GovTrack, a legislative transparency organization that uses logistic regression analysis to rank the likelihood of passage of the 10,000 bills that come up annually in Congress, currently gives HR 1754 a 63% chance of being enacted.

SB 4547 is ranked at 21% chance to be enacted. The discrepancy between the two numbers no doubt reflects that the House version has already been passed by that chamber; McConnell’s considerable political clout is apparently not factored into the algorithm.

Either way, both prediction rates are astounding considering that GovTrack gave the Integrity Act only a 2% chance of being enacted when the first version of the bill debuted back in 2015.

An Unlikely 0-Fer

Considering his dauntingly long list of graded-stakes-winning achievements, it was a bit of surprise to learn that trainer Todd Pletcher had been shut out of the GI Jockey Club Gold Cup until Saturday, when ‘TDN Rising Star’ Happy Saver (Super Saver) shot through at the rail to claw out a three-quarter-length victory in the traditional season-capping highlight of the Belmont Park autumn meet.

According to the count by the New York Racing Association press department, Pletcher had been 0-for-23 in the Jockey Club Gold Cup, with seven second-place finishes.

That included last year’s version of the Gold Cup, in which Vino Rosso crossed the wire first but was disqualified and placed second for causing interference in the stretch. (Vino Rosso avenged that DQ by winning the GI Breeders’ Cup Classic in his next start).

“Not only had we not won it, we’d suffered some really close defeats. And then throw in a disqualification on top of that, and it’s been a frustrating one over the years,” Pletcher said. “This one was fun. It’s one of the races that has been hard on us. We’ve had some tough losses and it was very fulfilling to win it today.”

Five of those runner-up efforts were by margins of a length or less, including near-misses by Lawyer Ron to Curlin (a neck in 2007) and by Newfoundland to Funny Cide (three-quarters of a length in 2004).

BC Juvenile Getting Interesting

With a pair of undefeated colts now on a collision course for the GI Breeders’ Cup Juvenile, the premier campaign-capping race for 2-year-old males is shaping up to be one of the more anticipated showdowns on the docket for the Nov. 6-7 championships at Keeneland.

Jackie’s Warrior (Maclean’s Music) commandeered the early pace in confident fashion, then was hand-ridden home after edging away under pressure in the stretch to romp home by 5 1/2 lengths in Saturday’s GI Champagne S. at Belmont. He’s now a perfect four-for-four and looms as the top East Coast-based juvenile heading to Lexington.

It’s presumed he’ll vie for favoritism in the Juvenile with home-court hopeful Essential Quality (Tapit), a ‘TDN Rising Star’ who broke his maiden by four lengths when favored on the GI Kentucky Derby undercard, then pasted the GI Breeders’ Futurity field at Keeneland Oct. 3 by employing assertive, pace-pressing tactics to engineer an at-will 3 1/2-length score.

The Juvenile itself is very much in need of a reboot after last year’s edition proved to be one of the weakest in the race’s history. Storm the Court (Court Vision) was the $93.80 winner. But he, and the race’s other top four finishers, have yet to win another race.

In fact, the field of eight that contested last year’s Juvenile now stands as a collective 2-for-33. The only horses to subsequently visit the winner’s circle have been the Japan-based Full Flat (Speightstown), who won the Saudi Derby Cup in Saudi Arabia back on Feb. 29, and Shoplifted (Into Mischief), who won the Springboard Mile at Remington Park last Dec. 15.

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ARCI Analysis: HISA Bill ‘Fixes The Kitchen By Building A New House’

The Association of Racing Commissioners International has prepared an analysis of the newly proposed legislation, the “Horseracing Integrity and Safety Act,” by Kentucky Senator Mitch McConnell (R), so the group can prepare for a “smooth transition” should the measure be enacted. The ARCI has already released statements looking at the bill's effect on breeders, looking at control of medications in training, and looking at how the bill will affect state-level enforcement.

The new federal legislation being rushed through Congress will have a positive effect on the racing industry by mandating uniform and expanded anti-doping and medication policies, but it may have a devastating negative affect if the unknown costs force smaller and midsized racetracks, owners, trainers, and breeders out of business, according to an analysis prepared for the Association of Racing Commissioners International (ARCI).

“S.4547 is better than the previous proposal in some ways, but concerns still exist as to whether it actually goes far enough to protect and regulate the care given young horses,” RCI President Ed Martin said, noting that the ARCI has not taken a position on the McConnell bill and is unsure if it will given reports that it may be a “done deal”.

The purpose of the analysis is to highlight changes that need to be understood early in order for there to be a smooth transition, Martin said. “This is enormous and I am not sure everyone understands how this might play out, especially given the fact that costs have not been explained, only how they are to be collected.”

US State Racing Commissions spend upwards of $21 million each year on the drug testing program. The analysis raises the possibility that some State Budget Offices and Legislatures may opt to shift that money to other state needs by handing off their programs to newly formed Horseracing Integrity and Safety Authority (HISA), which can independently tax racetracks, breeders, owners, trainers and veterinarians for program costs.

Under this scenario there is a real risk that racing industry interests may end up paying twice as the prospects for an industry specific tax cut to prevent that in most states may prove elusive.

Thirty Five Racing Venues in 19 States Put on “Watch List”

The analysis puts over thirty five racing venues in nineteen US States on a “watch list” based on concerns about the overall economics of racing and their ability to absorb undefined new mandated costs anticipated to be imposed by enactment of S.4547.

An inability or failure to absorb additional costs of doing business may force hard decisions by the ownership of these entities which may impact the extent or continuation of racing activity. Racing commissions and policy makers are being urged to work with these entities to clearly understand the legislation's impact locally.

“The sponsors and proponents of this legislation need to release detailed cost estimates for various scenarios for individual states,” Martin said. “I am shocked that Members of Congress would actually pass this bill without knowing the impact locally.”

Impact on Investigations and Involvement of Federal entities

There is a widespread impression that the newly formed Horseracing Integrity and Safety Authority (HISA) will have new investigatory powers beyond those that currently exist for the State Racing Commissions. S.4547 does not grant any expanded authority to the new entity.

“The recent federal indictments like those before them were the result of multi-agency cooperation where the work of state racing commissions were built upon and expanded by the reach of a federal law enforcement agency using federal wiretaps or other tools reserved for law enforcement,” Martin said. This bill does not give HISA racing investigators law enforcement status.

The bill also fails to include a proposal made by the ARCI at hearings on the previous Horse Racing Integrity Act to create designated desks in key federal agencies – the Department of Justice, the Federal Bureau of Investigation, Drug Enforcement Agency, and the Food and Drug Administration – to assist racing investigators and work to facilitate the involvement of federal law enforcement or regulators in pursuing racing related cases.

Other Key Changes

The analysis underscores additional changes:

- Creation of a uniform point of equine regulation beginning with the first timed workout for each covered horse;
- The HISA would have broad authority to regulate and control the administration of all medications given a “Covered Horse”;
- Inclusion of Breeders as a source of regulatory fees to help pay for the new program;
- Apparent less transparency than exists under the current system as current Open Meetings, Public Records Access, State Ethics laws, and independent audit and investigation of the regulatory entity have not been addressed;
- Consistent testing thresholds for all laboratories;
- A shift of the testing laboratory accreditation program away from the Racing Medication and Testing Consortium to the HISA
- Language to limit the direct participation by the existing network of expertise currently relied upon by the State Regulators and racing industry at large.

Anyone interested in receiving a copy of the analysis should request one by emailing info@arci.com or using the Download Link Here.

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Nominating Committee Formed to Select HISA Board Members

A nominating committee–responsible for selecting members of the board of directors of the Horseracing Integrity and Safety Authority (HISA), as well as members of its Anti-doping and Medication Control and Racetrack Safety committees–has been formed through the efforts of leading Thoroughbred industry stakeholders, including Breeders’ Cup, Churchill Downs Incorporated, Keeneland Association, and The Jockey Club. HISA will be an independent, non-governmental regulatory body, run by an independent board, responsible for improving current regulations and bringing a new level of transparency to Thoroughbred racing.

The nominating committee is made up of seven independent members, many from outside of racing. Len Coleman, the former president of baseball’s National League, and Dr. Nancy Cox, the vice president for Land Grant Engagement and the dean of the College of Agriculture, Food and Environment at the University of Kentucky, will serve as co-chairs.

The other members include Katrina Adams, the immediate past president of the United States Tennis Association; Dr. Jerry Black, a visiting professor at Texas Tech School of Veterinary Medicine and an emeritus professor and Wagonhound Land and Livestock chair in Equine Sciences at Colorado State University, as well as the former president of the American Association of Equine Practitioners and former chair of the board of trustees of the American Horse Council; Gen. Joseph Dunford, the former chairman of the Joint Chiefs of Staff, the nation’s highest-ranking military officer, and the former principal military advisor to the president, Secretary of Defense, and National Security Council; Frank Keating, the former governor of Oklahoma; and Ken Schanzer, retired president and former chief operating officer of NBC Sports.

The seven nominating committee members will develop a list of candidates to comprise HISA’s board and its standing committees. Eventually, nine members will be selected for the HISA board of directors, five of whom will be selected from outside the equine industry. Four members will be selected as representatives of various equine constituencies. The Anti-Doping and Medication Control standing committee and the Racetrack Safety standing committee will each be comprised of seven members. For both committees, the majority of the members will be independent and selected from outside the equine industry. A minority will be industry members.

“The HISA will ensure that Thoroughbred racing is conducted with the highest integrity and safety standards under the aegis of the bill’s established authority,” stated Co-Chair Coleman. “With this goal in mind, the aggregate expertise of the board of the authority and its standing committees must span a wide range of areas from equine health and track management to regulation and lab testing standards.”

“The nominating committee recognizes our responsibility to select the most qualified and dedicated individuals to comprise the board of the authority and its standing committees,” said Co-Chair Cox. “We are committed to this critical task and to the betterment of racing.”

The HISA, introduced by Senate Majority Leader Mitch McConnell (R-KY) and U.S. Senators Kirsten Gillibrand (D-NY), Martha McSally (R-AZ), and Dianne Feinstein (D-CA) in September, will focus on the integrity of Thoroughbred racing and the safety of horses and jockeys by requiring national, uniform safety standards. Identical legislation was introduced in the U.S. House of Representatives by U.S. Congressmen Andy Barr (KY-06) and Paul Tonko (NY-20). It was passed in the House on Sept. 29.

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Blue-Ribbon Nominating Committee Formed To Select Horseracing Integrity and Safety Authority Board Members

Supporters of the Horseracing Integrity and Safety Act (HISA) announced today the formation of a blue-ribbon nominating committee that will be responsible for selecting members of the board of directors of the HISA Authority as well as members of its two standing committees: Anti-doping and Medication Control, and Racetrack Safety.

The nominating committee was established through the collective efforts of leading Thoroughbred industry stakeholders, including Breeders' Cup, Churchill Downs Incorporated, Keeneland Association, and The Jockey Club. It is composed of seven independent members with diverse backgrounds: Len Coleman (co-chair), Dr. Nancy Cox (co-chair), Katrina Adams, Dr. Jerry Black, Gen. Joseph Dunford, Frank Keating, and Ken Schanzer.

The board of directors will consist of nine members, five of whom will be selected from outside the equine industry. Four members will be selected as representatives of various equine constituencies.

“The HISA will ensure that Thoroughbred racing is conducted with the highest integrity and safety standards under the aegis of the bill's established authority,” stated Co-Chair Coleman. “With this goal in mind, the aggregate expertise of the board of the authority and its standing committees must span a wide range of areas from equine health and track management to regulation and lab testing standards.”

The seven members of the nominating committee bring their own unique expertise and experiences to the role:

Len Coleman (co-chair) is the former president of the National League of Professional Baseball Clubs. Coleman joined Major League Baseball in 1992 as the executive director of market development. Previously, Coleman was a municipal finance banker for Kidder, Peabody & Company and served as commissioner of both the New Jersey Department of Community Affairs and Department of Energy.
Dr. Nancy Cox (co-chair) is the vice president for Land Grant Engagement and the dean of the College of Agriculture, Food and Environment at the University of Kentucky. Prior to that, she served as associate dean for Research and director of the Experiment Station at the university. Cox championed the formation of the UK Equine Initiative (now UK Ag Equine Programs), recognizing the importance of the horse industry and its significance to Kentucky.
Katrina Adams is the immediate past president of the United States Tennis Association (USTA), following two consecutive terms as the USTA's chairman and president. A successful professional tennis player, Adams was elected vice president of the International Tennis Federation in 2015 and was appointed as chairman of the Fed Cup Committee in 2016.
Dr. Jerry Black is a visiting professor at Texas Tech School of Veterinary Medicine and is an emeritus professor and Wagonhound Land and Livestock chair in Equine Sciences at Colorado State University. He is the former president of the American Association of Equine Practitioners and former chair of the board of trustees of the American Horse Council.
Gen. Joseph Dunford is the former chairman of the Joint Chiefs of Staff, the nation's highest-ranking military officer, and was the principal military advisor to the president, Secretary of Defense, and National Security Council from Oct. 1, 2015, through Sept. 30, 2019. Prior to becoming chairman, General Dunford served as the 36th Commandant of the Marine Corps.
Frank Keating is the former governor of Oklahoma. Prior to that role, his career in law enforcement and public service included time as a Federal Bureau of Investigation agent, U.S. Attorney and state prosecutor, and Oklahoma House and Senate member. He served as assistant secretary of the U.S. Treasury, associate U.S. attorney general, and general counsel for the U.S. Department of Housing and Urban Development.
Ken Schanzer served as president of NBC Sports from June 1998 until his retirement in September 2011. He also served as chief operating officer. During Schanzer's tenure, he secured the television rights to the Triple Crown races and Breeders' Cup for NBC. Before joining NBC Sports, he served as senior vice president of government relations for the National Association of Broadcasters.

The next order of business for the nominating committee is to develop a list of candidates to comprise the board of the HISA Authority and its standing committees. The board will solicit input from equine constituencies, and interested parties who would like to suggest recommendations may do so at horseintegrityandsafety@gmail.com.

The HISA, introduced by Senate Majority Leader Mitch McConnell (R-KY) and U.S. Senators Kirsten Gillibrand (D-NY), Martha McSally (R-AZ), and Dianne Feinstein (D-CA) on September 9, 2020, will focus on the integrity of Thoroughbred horse racing and the safety of Thoroughbred racehorses and jockeys by requiring national, uniform safety standards that include anti-doping and medication control and racetrack safety programs. Identical legislation was introduced in the U.S. House of Representatives by U.S. Congressmen Andy Barr (KY-06) and Paul Tonko (NY-20). It was passed in the House on September 29, 2020.

The HISA Authority will be an independent, non-governmental regulatory body, run by an independent board, responsible for improving current regulations and bringing a new level of transparency to Thoroughbred horse racing.

The Anti-Doping and Medication Control standing committee and the Racetrack Safety standing committee will each be composed of seven members. For both committees, the majority of the members will be independent and selected from outside the equine industry. A minority will be industry members selected to represent the various equine constituencies.

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