horseracing integrity and safety act | Horse Racing Free Tips

CHRB: Several Fair Dates Moved To Golden Gate, Serious Concerns Aired About National Bill

The California Horse Racing Board conducted a meeting by teleconference on Thursday, September 24. The public participated by dialing into the teleconference and/or listening through the audio webcast link on the CHRB website. Chairman Gregory Ferraro chaired the meeting, joined by Vice Chairman Oscar Gonzales and Commissioners Dennis Alfieri, Damascus Castellanos, Brenda Washington Davis, and Wendy Mitchell.

The audio of this entire Board meeting is available on the CHRB Website (www.chrb.ca.gov) under the Webcast link. In brief:

Chairman Ferraro and others welcomed Commissioner Davis to her first meeting since her August 26 appointment to the Board by Governor Gavin Newsom.
The Board approved license applications for four race meets, all of which are scheduled to be run without fans in attendance due to COVID-19 and under strict protocols established by local health officials designed to protect all racing participants. As approved:
- The Del Mar Thoroughbred Club will run its fall meet beginning October 31 through November 29 with mostly three-day racing weeks, Fridays, Saturdays, and Sundays.
- Watchandwager.com will run a harness meet at Cal Expo beginning November 21 through December 19 with mostly two-day racing weeks, Fridays and Saturdays.
- Pacific Racing Association II will run an extended thoroughbred meet at Golden Gate Fields (GGF) due to the reallocation of race dates that have been relinquished by the Big Fresno Fair. The additional two weeks extend the current race meet to October 18.
- After the conclusion of the current meet, including the additional dates relinquished by the Big Fresno Fair, Pacific Racing Association will run a separate thoroughbred meet at GGF beginning October 22 through December 13, all four-day race weeks, Thursday through Sunday.
The Board approved agreements between the Thoroughbred Owners of California and the racing secretaries at GGF and Del Mar regarding entry conditions limiting specific drug substances for entered horses.
Dr. Rick Arthur, equine medical director, advised he was in constant contact with management at Los Alamitos, GGF, and Del Mar and with safety personnel at those locations pertaining to heat conditions and also air quality issues created by widespread fires.
There were no heat-related problems with horses during the recent heat wave throughout California, but air quality conditions caused a major reduction in training and also prompted GGF to cancel one weekend of racing. Santa Anita postponed the start of its fall meet by one week to September 25.
Dr. Arthur stressed the relationship between racehorse injury and rider safety, an issue he raised due to the serious injuries sustained by jockey Vinnie Bednar. He reminded the Board that research at the University of California, Davis, confirmed the relationship between horse injury and jockey injury and noted that a video on Racing Injury Prevention can be viewed on the CHRB website. He also advised that a GoFundMe account has been established for Bednar ( https://gf.me/u/yvswsm ).
Executive Director Scott Chaney reported serious concerns with the Horseracing Integrity and Safety Act that is moving swiftly through Congress. These concerns were echoed by some commissioners. Chaney said safety rules and protocols in California are the strictest in the nation. Therefore, national standards, as called for in HISA, may actually be less strict.
Chaney reminded everyone that a revised rule governing use of the riding crop will go into effect October 1. The CHRB issued a news release earlier on this subject. He also noted improvements to the CHRB website pertaining to the listing of equine fatalities and a list of reforms that are either completed or in process for the protection of horses and riders.
For continuity purposes, the Board temporarily suspended through December 25 the new rule prohibiting Lasix in 2-year-olds, which will only impact quarter horses.
In compliance with a procedural matter raised by the Office of Administrative Law, the Board re-approved a rule strictly limiting the use of extracorporeal shock wave therapy (ESWT) on racehorses.
The Board suspended Rule 1845(h), which required syringes used to administer Lasix on race day be retained. An amendment permanently eliminating the requirement will be heard in October.
In two separate but related actions, the Board authorized Los Alamitos to distribute a total of $26,580 in race day charity proceeds to four beneficiaries.
The Board authorized Los Alamitos Equine Horse Sale, LLC, to conduct horse sales at Los Alamitos on October 3 and 4.

Public comments made during the meeting can be accessed through the meeting audio archive on the CHRB website

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ARCI Analysis: McConnell Bill May Incentivize States to Defund Anti-Doping And Medication Rule Enforcement

The Association of Racing Commissioners International is preparing 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. Earlier this week, the ARCI released a statement looking at the bill's effect on breeders, and another looking at control of medications in training.

The newly proposed Horseracing Integrity and Safety Act of 2020 (S.4547) may provide an incentive for States to defund existing anti-doping and medication rule enforcement programs.

“COVID-19 has economically devastated many state budgets and the additional resources just may not be there to improve upon the existing anti-doping and medication enforcement program infrastructure to comply with S.4547,” said Ed Martin, President of the ARCI.

The RCI President said It is not unreasonable to expect that a State Budget Director or Legislative Committee will look at this law and question why the state needs to continue paying for the existing program, any new unfunded mandates, and a new federal authority as well as it's contracted enforcement agency. As the law allows the state to “off load” their current program and have the federally dictated system operate and pay for it, there will be an economic incentive to do that.

At that point racetracks, owners, trainers, breeders, and veterinarians may be assessed costs to replace the lost state investment and pay for the additional two entities envisioned by the bill.

Depending on the state, the local racing industry will continue to pay all current state assessments and taxes and may discover that they now must pay newly levied assessments to pay for the now federally mandated privatized program.

According to the analysis and assuming that there will be no industry specific state tax cut in these jurisdictions and existing revenue sources will remain, the racetracks, owners, trainers, breeders, and veterinarians in the following states (partial list) are potentially exposed to paying again should their state program be shifted to the newly created NGO:

Illinois	Colorado
Michigan	Florida
Oregon	Arizona
Massachusetts	Nebraska
Virginia	Washington
Indiana	New Mexico
Wyoming	Louisiana

Some states have the ability to directly bill racetracks for their program. These states may continue to operate their existing program and simply forward the newly enhanced bill for the current program, additional mandates and the two new entities directly to the racetracks which will then be required to pay the state. These jurisdictions include:

New Jersey	Texas
Kentucky	Delaware
Iowa	Oklahoma
Massachusetts	Nebraska
Virginia	Maryland* (see below)
West Virginia	Minnesota
New York* (see below)

In New York, state general fund monies are used to pay for the drug testing enforcement program and shortfalls are recouped from a commission determined industry assessment on racetracks and owners. Given New York's post virus severe financial needs going forward it would be possible for the state to cut funds for drug testing and allow the commission to impose fees on tracks and owners to pay for the shortfall and any additional costs imposed by the legislation.

If that were to happen or should the State hand the program off, the prospect for an industry specific tax cut would be slim and the industry would be totally required to make up the loss of state investment.

In Maryland, only certain costs can be forwarded to the tracks and additional mandates may require legislation in order to be passed through.

S.4547 envisions that racing commissions will pass the overhead costs for the new authority and its enforcement agency to industry participants based on the assessment bill received each year. The states do not have the authority to unilaterally impose and set such assessments with the possible exception of New York as indicated above.

The States have had to do the best job they could with the available funding. State budgets have always considered the ability of people to afford the assessments. This bill puts no limit on program funding which is a luxury no State Racing Commission ever has had.

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ARCI Analysis: McConnell Bill Authorizes Strict Control of Medications in Training

The Association of Racing Commissioners International is preparing 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. Earlier this week, the ARCI released an initial statement looking at the bill's effect on breeders.

The federally sanctioned authority empowered by newly proposed legislation by Senator McConnell will be able to impose strict controls on the use of any therapeutic medications administered to a “covered horse,” effectively setting the stage for a program that could require a veterinarian to receive prior permission before treating the horse with a prescription medication.

Such a system, if implemented, would parallel the “therapeutic use exemption” program in human sport. Under the requirements of the World Anti-Doping Agency code, advance permission must be obtained before a controlled substance is administered to an athlete in training or competition.

Unlike human sport, it is not expected that the new Authority would depart from current ARCI Model Rules or International Federation of Horseracing Authorities standards that prohibit such drugs to be present in the horse when it races.

But S.4547 does give the new Authority powers to control all substances administered to horses under its jurisdiction. Under the proposal, a “covered horse” comes under the jurisdiction of the new Authority after its first timed workout at a racetrack.

The analysis finds that the new Authority could, for the first time, put in place a system to control what some believe is the overuse of certain drugs in the care and preparation of horses intended to race. Whether it will actually do so, the timing of such a change, or how it would work is not yet known.

Given the number of racehorses potentially regulated by the new Authority such a program would require additional resources than what is currently available in the regulatory network in order to review such applications.

State Racing Commissions are not authorized to regulate the practice of veterinary medicine. There has, however, been a trend within the ARCI and the Racing Medication and Testing Consortium to require commission notification of certain treatments and in some limited circumstances advance approval. Current regulatory policy relies largely on the ability of a commission to exclude a horse from competition. In some jurisdictions legal and liability concerns have affected the extent of the changes that could be done.

In July 2019, the ARCI proposed a private regulatory scheme using existing breed registry authority to require submission of all veterinary treatment records, including the diagnosis required for treatments, of all intended racehorses from birth forward, These records would be electronically reviewed to “red flag” horses in need of greater monitoring in order to help regulatory veterinarians assess whether a horse is high risk and should be excluded from competition.

As S.4547 has a greater focus on anti-doping, it does not require such a system. The bill does effectively put the actual horse under the regulatory authority of the new Authority at a uniform and consistent point in its career, eliminating inconsistencies that currently exist in state-based statutes and rules.

It remains unclear whether the Authority will require the submission of all veterinary records or will fall short of what the ARCI had asked the Jockey Club to require in 2019.

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AQHA Declines To Support National Bill, Raises Questions About Whether Quarter Horses More Vulnerable To EIPH

The Horseracing Integrity and Safety Act of 2020 is proposed national legislation that outlines a uniform anti-doping and medication control program to be developed and enforced by an independent horse racing anti-doping and medication control authority.

While the American Quarter Horse Association is strongly committed to the welfare of the racehorse and supports industry reform to improve horse safety, the Association cannot support the current version of the Horseracing Integrity and Safety Act until key questions are adequately addressed.

The bill lacks details about the funding sources that would sustain the proposed authority. Protecting animal welfare is paramount but the funding for this central authority will need to be attainable, affordable and sustainable for all jurisdictions.
While the bill in its current form allows jurisdictions an opportunity to include Quarter Horses upon their own choosing, the Association is concerned about our breed if they choose to do so. Of particular concern to AQHA is the proposed elimination of race-day use of the medication furosemide, commonly known as Lasix, which is used to mitigate the occurrence of exercised-induced pulmonary hemorrhage (EIPH) in racehorses.
AQHA is currently pursuing funding for a study to investigate the vulnerabilities that Quarter Horses in particular have to EIPH. Numerous industry studies provide evidence that the administration of Lasix improves the welfare of racehorses and indicate there is no link between the use of Lasix and musculoskeletal issues that may be a contributing cause in catastrophic breakdowns.

AQHA works closely with the Association of Racing Commissioners International and Racing Medication and Testing Consortium, which work to create uniformity in medication rules, as well as with state jurisdictions. Among the work on which AQHA has assisted is out-of-competition testing efforts and the use of hair as a testing mechanism and beta-2 antagonist bans. In the five years since many of these rules have gone into effect in the majority of Quarter Horse racing jurisdictions, reported injuries in American Quarter Horses have declined 16 percent.

AQHA is dedicated to industry reform and works closely with international, national and state racing organizations and commissions to evaluate protocols that allow for uniform medication rules and strengthened deterrents to performance-enhancing drugs, and looks forward to continuing this collaborative effort.

AQHA is a strong supporter of reform and uniformity in racing, but for these reasons has concerns regarding the Horseracing Integrity and Safety Act of 2020 in its current form.

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