THA Addresses Proposed Horseracing Integrity & Safety Act

The Thoroughbred Horsemen’s Association issued a statement Tuesday regarding the proposed Horseracing Integrity and Safety Act, which was announced Monday and is expected to be introduced in the Senate this month.

THA Chairman Alan Foreman said: “For the past year, the THA has been actively involved with industry leaders in seeking solutions to our medication issues and in enacting rules, policies and protocols to enhance the health, safety and welfare of our horses.

It has been our widely-expressed view that the original Horseracing Integrity Act, as proposed, should encompass mandatory equine safety and welfare standards for all racetracks and horsemen, and the creation of an investigative and enforcement arm of the industry.

While we have yet to see the proposed legislation, it appears that in his Horseracing Integrity and Safety Act, Senator McConnell has substantially incorporated our views. We intend to continue to be a constructive participant since the legislation, if enacted, will require substantial industry support and assistance.

Our Association has been a national leader in promoting equine health and safety protocols through the Mid-Atlantic Strategic Plan to Reduce Equine Fatalities and we expect to continue in that role.”

 

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HBPA ‘Never Consulted’ on New Version of Integrity Act

Six hours after an Aug. 31 press conference at which United States Senate Majority Leader Mitch McConnell (R-KY) and other proponents of a federal bill announced newly achieved compromise among industry stakeholders in crafting new anti-doping oversight for horse racing, Eric Hamelback, the CEO of the National Horsemen’s Benevolent and Protective Association (HBPA), told TDN that his organization is actually not on board with the plan.

Hamelback’s emailed clarification was in response to a request for comment from TDN that did not arrive in time to be included in the original version of this story.

Much of the context of Monday’s press conference at Keeneland to announce the Horseracing Integrity and Safety Act (HSIA) bill that McConnell intends to file in September was based around the terms “compromise,” “consensus” and “bringing everybody together.” This was an especially salient point because two previous industry holdouts to the concept of federal legislation, Churchill Downs, Inc. (CDI) and the NHBPA, were being billed as having now lent their support to the new version of the bill.

About two minutes before the conclusion of the press conference, 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) thanked CDI (which did have a representative at the event affirming support) for “joining the cause.” Barr then specifically praised trainer Dale Romans for working with his coalition, and he saluted the NHBPA for sharing an “influential voice in support of this legislation.”

Hamelback’s statement to TDN took umbrage with that characterization. It reads, in full:

“Today, U.S. Senate Majority Leader Mitch McConnell announced his plans to introduce legislation that purports to set national standards to promote fairness, transparency, and increased safety in Thoroughbred racing.

“Senator McConnell claims to have found compromise within the industry, yet no representative horsemen’s groups, horseplayers or veterinary leadership organizations seem to have been consulted in the collaboration. The National HBPA represents close to 30,000 owners and trainers who want nothing more than increased safety and integrity to secure the strength of the business and our industry.

“The greatest concern of the National HBPA is protecting the health and safety of horses. If Senator McConnell is serious about hearing from tens of thousands of real Kentuckians, as well as horsemen across the country, we stand ready to meet with him. We certainly hope he will meet with us since those pushing this bill have mischaracterized the industry and our views in the past.

“As CEO, I can tell you we were never consulted on the recently announced Horseracing Integrity and Safety Act. Contrary to an erroneous statement made by another elected official at today’s announcement, the HBPA was not made aware of any ‘compromise’ negotiations until a deal had already been reached, nor has the Board of the National HBPA even been asked for its support.

“Because the legislative text has not yet been released, the National HBPA will reserve final judgement, but we caution our elected leaders to not be misled by the wealthy few who continue to promote federal legislation in service to their own, private interests. Based on what we heard today, we are concerned these elite few continue to hold the reins.”

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Op/Ed: A Critical Step Forward for the Sport

When 27 individuals were indicted in March by federal authorities for their alleged involvement in a wide-spread doping scheme the story was about more than Jason Servis or Jorge Navarro or the cocktails of performance-enhancing drugs they were charged with using on their horses. It was about a system that was so hopelessly broken and incapable of effectively policing the sport that it took the federal government to come in and do what racing had continually failed to do–take meaningful steps to clean up the game.

There had to be a better way.

Monday, Senate Majority Leader Mitch McConnell, surrounded by industry leaders and Congressman Andy Barr, provided just that. The McConnell bill, the Horseracing Integrity and Safety Act, may not be perfect, but is a vast improvement on what we have now. Passage of the bill would mean the dismantling of a system that involves 38 racing commissions, 38 sets of rules and a long history of getting nothing done and replace it with something that promises to combat the sport’s real problems.

“As I have said many times, this legislative effort is not about more regulation it is about creating a single nationwide set of rules that will result in smarter, more effective and streamlined regulation for the industry,” said Barr, whose district includes Lexington.

It was ironic that McConnell is now the white knight who has come in to save the sport from itself after it was long felt that he was the primary reason previous legislation, the Horseracing Integrity Act, seemed destined to go nowhere. The story was that Churchill Downs Inc. (CDI) didn’t want that bill passed and McConnell had promised them to stand in its way. Yet, CDI CEO Bill Carstanjen was among those who spoke out at Keeneland Monday in favor of McConnell’s initiative.

It’s unclear why there was an apparent change of heart somewhere, but it doesn’t really matter. With McConnell behind what is bipartisan legislation and with Barr taking up the cause in the House of Representatives, this bill is likely to sail through. For that to happen would mark major, long overdo and very necessary change for an industry where nothing substantive ever seems to get accomplished.

The Horseracing Integrity and Safety Act and the creation of the Horseracing Integrity and Safety Authority is about more than just doping. It recognizes the very important challenges that must be tackled when it comes to making the sport as safe as possible and keeping racing’s harshest critics off its back.

But it is the ugly issue of doping that this initiative holds the greatest promise. Servis, Navarro and others may be headed to prison and will likely never train a race horse again, but everyone knows that there are many bad apples still out there and that the FBI and Department of Justice will soon move on from horse racing and leave the job of regulating the sport to the racing commissions and the labs that never seem to catch anybody.

McConnell noted that he was  moved to act after the Washington Post reacted to the indictments by running an editorial calling for the sport to be abolished. He understood the power of those words.

“When I saw in the Washington Post, of all places, an editorial saying Thoroughbred horse racing should be abolished, I gasped,” McConnell said. “When I got past the initial shock of it, I thought it might be a good time to talk to all the various players and see one more time if it were possible for all of us to get together.”

Under the Horseracing Integrity and Safety Act, the job of catching the bad guys will be turned over to the United States Anti-Doping Agency (USADA). Having, among other things, brought down Lance Armstrong, USADA has an impressive record of policing the sports that have called on the agency. USADA not only has a will to clean up the sport, it has more tools at its disposal than a state racing commission could ever have and promises to dramatically increase the number of out-of-competition tests that will be performed.

After the indictments were announced in March, USADA CEO Travis Tygart repeated what has become a familiar argument.

“With the horse racing industry at a crossroads, the right thing to do is to remove the fox from guarding the henhouse and ensure there is an independent anti-doping body in place to protect the integrity of the sport and the safety of the horses,” he said in a statement.

Monday’s announcement left many questions unanswered, most notably who will pay for the costs, which include USADA, that passage of the bill will involve. For now, we have to trust that racing’s stewards will be able to figure that out. And the sport still awaits an answer on whether or not this legislation might mean a complete ban of Lasix.

So far as the bigger picture goes, those are not major issues. This is about tearing down a system that has failed miserably and replacing it with something that promises to take the sport in another direction. Racing will never be perfect. Horses will always break down and have to be euthanized and you are never going to stop people from cheating. But racing can and must do better. Passage of the Horseracing Integrity and Safety Act is its best chance to do just that.

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McConnell Announces Horseracing Integrity And Safety Act, New Independent Regulatory Authority

U.S. Senate Majority Leader Mitch McConnell (R-KY) announced Monday at a press conference in Lexington, the Horse Capital of the World, his plans to introduce legislation in the U.S. Senate to help set national standards to promote fairness, increase safety, and help preserve Thoroughbred racing. The McConnell bill, the Horseracing Integrity and Safety Act, will be introduced in September following the state-work-period. U.S. Congressman Andy Barr (KY-06) will introduce the companion legislation in the U.S. House of Representatives.

Because of Kentucky's leading role in this sport, Senator McConnell brought Keeneland, Churchill Downs, Breeders' Cup, The Jockey Club, and other industry leaders together earlier this year to develop a solution to the challenges facing horse racing. A number of them joined Senator McConnell and Congressman Barr for today's major announcement: Keeneland President & CEO Bill Thomason, Keeneland President & CEO-Elect Shannon Arvin, Churchill Downs Incorporated CEO William “Bill” C. Carstanjen, Breeders' Cup President & CEO Drew Fleming, and The Jockey Club Vice Chairman William “Bill” M. Lear Jr.

“I'm proud to be joined by prominent horse racing leaders in Kentucky as they take the courageous step to increase nationwide safety standards for horses, jockeys, trainers, breeders, and fans. I'm grateful to Congressman Andy Barr for his strong leadership on this important issue,” said Senator McConnell.

Also announced today was the launch of the Horseracing Integrity and Safety Authority, which will be an independent, non-governmental regulatory body responsible for improving current regulations bringing a new level of transparency. This Authority will also address medication use, track conditions and other safety standards to protect equine athletes. Senator McConnell's Horseracing Integrity and Safety Act will provide federal recognition and enforcement power for the Horseracing Integrity and Safety Authority to develop uniform, baseline standards for horse racing.

“Kentucky is proud of our distinct horse racing traditions. We must address the challenges the sport faces so we can preserve our heritage and the jobs of over 24,000 Kentuckians who support it,” said Senator McConnell. “As Senate Majority Leader, I look forward to working with Congressman Barr and our colleagues across the aisle on our legislation to give federal recognition to the Horseracing Integrity and Safety Authority. Together, we can better protect every competitor and give each of them a fair shot at the Winner's Circle.”

Congressman Barr said, “Today's announcement is the culmination of years of work and negotiation to develop uniform racing standards under one independent regulatory body. The future of the sport depends on fair competition, a level playing field across state lines, as well as the safety and welfare of our equine and human athletes. Now is the time for the horse racing industry to embrace change that will attract a new generation of fans and solidify the future of this special sport. I want to thank Leader McConnell for his partnership on this effort and I look forward to moving this legislation across the finish line.”

“This groundbreaking legislation and the collaborative effort behind it speaks to the commitment those of us in the Thoroughbred industry have to establish uniform safety and integrity standards across the U.S. and bring American racing in line with international guidelines,” Keeneland President and CEO Bill Thomason said. “We applaud the leadership of Senator McConnell and Congressman Barr, who share our passion for horse racing and a dedication to strengthening the future of this great sport.”

Churchill Downs Incorporated CEO William “Bill” C. Carstanjen said, “It is critical to the future of Thoroughbred racing that the safety and integrity of our sport be governed by world-class, uniform standards across the United States. The leadership of Senator McConnell and Congressman Barr has been instrumental in our shared goal of bringing the Thoroughbred industry together to achieve this goal.”

“This legislation gives us an opportunity to make the single most significant and far-reaching safety and integrity enhancement in the history of Thoroughbred racing by bringing our sport into the 21st century and protecting its future for generations to come,” said Drew Fleming, President and CEO of Breeders' Cup Limited. “While there is more work to do both in Congress and in the racing community, we are now on the path to a safer and more transparent sport thanks to Senator McConnell's leadership and ability to bring people together around this important non-partisan issue. It has been a privilege to work with Congressman Andy Barr, my Chairman Fred Hertrich and my trusted counterparts at Churchill Downs and The Jockey Club, among many others, to contribute to this initiative for the betterment of our industry.”

“The Jockey Club has long pursued a collaborative solution within our industry to establish national reforms ensuring clean competition and improved safety for horses and humans alike. We express our sincere thanks to Senate Majority Leader Mitch McConnell and organizations such as Breeders' Cup, Churchill Downs Inc., Keeneland, New York Racing Association, and The Stronach Group for working so closely with us on this legislation,” said Stuart S. Janney III, Chairman, The Jockey Club. “We strongly believe that the Horseracing Integrity and Safety Act is vital to developing uniform and effective medication and safety regulations that will enhance the integrity and safety of American horse racing and improve the sport.”

The Jockey Club Chairman continued, “We also applaud Reps. Paul Tonko (D-NY) and Andy Barr (R-KY) and Sens. Kirsten Gillibrand (D-NY) and Martha McSally (R-AZ) for their support and devotion to horse racing and for introducing the original bill into the House and Senate. We will continue to work closely with Congressional co-sponsors, industry stakeholders and animal welfare organizations in our pursuit of national, uniform standards for drugs, medication, and safety in horse racing.”

“Without federal legislation mandating that USADA enact 'clean' drug rules, reliable testing, qualified labs and strict penalties for violators, the sport of American horse racing faces an uncertain future,” said Staci Hancock, Managing Member of the Water Hay Oats Alliance. “With Senator McConnell's leadership and the continued efforts of Representatives Andy Barr and Paul Tonko in the House, WHOA's members look forward to the day when our great sport can rebuild its reputation, protect our beloved horses and their jockeys, and reclaim racing's place as one of America's top spectator sports.”

Kitty Block, CEO of the Humane Society of the United States, said, “Senate Majority Leader McConnell has stepped up to end widespread doping in American horse racing and to address racetrack safety, the key contributing factors to fatalities on American racetracks. We cannot continue to look the other way when a racehorse is severely injured or killed during training or a race. This measure will advance necessary reforms that will make or break horse racing in the United States.”

In reaction to the news Monday, the New York Thoroughbred Horsemen's Association distributed the following statement:

“Horsemen should view today's developments with the Horse Racing Integrity and Safety Act with hope,” said NYTHA president Joe Appelbaum. “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.

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