Kentucky House Passes HISA Funding Review Resolution

One day after Kentucky's state senate adopted a resolution by voice vote to urge a review of the HISA funding methodology, the Kentucky House of Representatives did the same. House Resolution 98, “A resolution expressing concerns regarding the unintended consequences of the current funding methodology of the Horse Racing Integrity and Safety Act,” was adopted by a voice vote in the House.

The resolution was sponsored by Republican representative Matthew Koch, and Democratic representative Al Gentry.

The language is identical to that of its companion resolution in the Senate, contained in Friday's TDN.

The sponsor of the Senate resolution was Damon Thayer, who commented upon what he felt was a need for the review.

“While I support the HISA goals of uniformity and standardization of racing rules, its implementation so far has been less than inspiring and it may still be ruled unconstitutional,” said Thayer in a text. “Now HISA is trying to force a funding model that is unfair to Kentucky racing and potentially taxpayers with an unfunded mandate the punishes us for our success. I do not support this approach and this Resolution, which passed unanimously in the House and Senate, memorializes that and urges consideration of a different formula. At best, HISA should be funded with an annual federal government appropriation, but at the very least should not have a funding model that is punitive to successful racing states like Kentucky.”

A statement from Rick Hiles, the Kentucky Horsemen's Benevolent and Protective Association (HBPA) president, read:

“We applaud the Kentucky Senate, led by sponsors Majority Floor Leader Damon Thayer and John Schickel, and the Kentucky House of Representatives, with Reps. Matt Koch and Al Gentry the sponsors, for their resolution that raises many of the concerns we have about the Horseracing Integrity and Safety Act and the private Authority corporation it created and granted broad powers.

“No matter the inflammatory rhetoric slung at the National HBPA, the resolution–which passed unanimously in both the Senate and House on Thursday–shows that reasonable persons understand that HISA was rushed into existence with a flawed process. They understand our stated concerns about unintended consequences that could devastate portions of our industry across the country, including Kentucky.

“It's gratifying to have leadership that understands that the HISA challenge by the National HBPA, many of its affiliates including Kentucky, the United States Trotting Association, several state racing commissions and attorneys generals and others is because we all want our industry to be strong and to do better and better. All these parties are in complete support of measures that promote integrity, uniformity and fair racing but this must be accomplished only through lawful, accountable and transparent means.

“Prominent in the resolution is the very real threat that the financial structure set up by this unfunded mandate will jeopardize small and medium-sized tracks and smaller stables. That in turn will have a huge impact on Kentucky's breeding and racing industries, as well as the agribusiness that is fueled by horse racing.

“Kentucky is blessed to have legislative leadership such as Senators Thayer and Schickel and Representatives Koch and Gentry, among others, who understand our industry, its complexities and appreciate that racing in Kentucky and elsewhere has many levels that contribute to the entire ecosystem. To destabilize parts of it, we believe, will have unintended consequences to all involved in the industry from top to bottom.”

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Wide Draw and All, Forte an Overwhelming Presence in Florida Derby

Big Brown (Boundary) took no prisoners from post 12 with a powerful, wire-to-wire performance in the GI Curlin Florida Derby before capturing the first two legs of the Triple Crown in 2008.

It's champion Forte (Violence)'s turn now.

Last term's GI Breeders' Cup Juvenile winner, an eye-catching winner while kicking off his sophomore campaign in the GII Fountain of Youth S. Mar. 4, towers over his 11 rivals on paper in Saturday's Florida Derby. But with a well-documented short run to the first turn going 1 1/8 miles at Gulfstream Park, Forte must overcome a disadvantageous wide draw in post 11. He is the 4-5 morning-line favorite.

Regular rider Irad Ortiz, Jr. remains as confident as ever no matter the post.

“He does everything I ask him,” Ortiz said of the Repole Stable and St. Elias Stable colorbearer. “He's always there for me. He can stay all day on his stride. He has a turn of foot but he stays. He stays with that speed–that's good on dirt. I know what he wants to do and how he likes to run. I have a lot of confidence in him.”

Trainer Todd Pletcher added, “The Fountain of Youth couldn't have gone any better for us. As impressively as he's won a couple of these races, he's kind of come to the wire with his ears up taking everything in. Obviously, as these races get a little more difficult, he'll need to stay focused.”

The Florida Derby field also includes: last term's GII Remsen S. winner and disappointing GIII Sam F. Davis S. eighth-place finisher Dubyuhnell (Good Magic); last out GII San Felipe S. fifth-place finisher Fort Bragg (Tapit); and Fountain of Youth third Cyclone Mischief (Into Mischief).

Gulfstream's absolutely stacked 14-race program features 10 stakes races, including the GII Gulfstream Park Oaks; GII Pan American S.; GIII Orchid S.; and GIII Ghostzapper S.

Wide-Open Arkansas Derby…

While the 11-deep GI Arkansas Derby at Oaklawn may lack a standout or star power like its Gulfstream counterpart, it should nonetheless present some fantastic wagering opportunities.

Red Route One (Gun Runner) and Reincarnate (Good Magic), a rallying second and third in a sloppy renewal of the local prep in the GII Rebel S. Feb. 25, could vie for favoritism. The former adds blinkers for Steve Asmussen. Reincarnate, a game winner of the GIII Sham S. Jan. 8 for previous trainer Bob Baffert, looks like the one to beat after an eventful trip in his first try for Tim Yakteen in the Rebel. He is the 5-2 morning-line favorite.

“We didn't have the best of luck last time,” Yakteen said. “Hopefully, we'll get a clean break away from there and Johnny [Velazquez] will play the break and put himself where he feels the horse is going to be most comfortable. Obviously, we'd like to be closer to the pace than necessarily be completely out of it like we were the last time.”

Angel of Empire (Classic Empire) will be out for respect after upsetting the GII Risen Star S. at 13-1 for Brad Cox while GIII Holy Bull S. winner Rocket Can (Into Mischief) won't have to worry about facing Forte again just yet after finishing a solid second behind the current GI Kentucky Derby favorite in the Fountain of Youth.

The Arkansas Derby program also includes GI Kentucky Oaks prep GIII Fantasy S., featuring the highly regarded Godolphin homebred Wet Paint (Blame), and the GIII Oaklawn Mile S.

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HIWU Issues Statement On Dietary Supplements

Edited Press Release

The Horseracing Integrity & Welfare Unit (HIWU) calls the Thoroughbred industry's attention to regulations regarding the possession and use of dietary supplements under the Horseracing Integrity and Safety Authority (HISA)'s Anti-Doping and Medication Control (ADMC) Program.

The ADMC Program permits the possession and use of dietary supplements such as vitamins, minerals, herbs, and homeopathic products. Under the Federal Food, Drug, and Cosmetic Act, such products are not considered drugs, and therefore do not require approval from the Food and Drug Administration (FDA). However, Covered Persons should be aware that dietary supplements are not regulated, and that positive test results stemming from the presence of a prohibited substance in a supplement, whether or not it was properly labeled, will be prosecuted by HIWU as ADMC Program violations.

The FDA defines a drug, in part, as a “substance that is intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease.” Consequently, supplements with “drug claims” on the label, e.g., “treats ulcers,” “mitigates bleeding,” or “prevents tying up,” are considered unapproved animal drugs that lack FDA approval. All drugs that are not approved by the FDA are categorized as Banned Substances (S0) under the ADMC Program.

However, HIWU is instituting a 30-day grace period for the possession of supplements with labels that make such prohibited drug claims.

Through Apr. 30, 2023, HIWU will not prosecute Covered Persons for the possession of supplements with labels that include drug claims. However, if a Covered Horse receives a positive test result for a Prohibited Substance as a result of the use or administration of one of these products, HIWU will prosecute the positive test result as an ADMC Program violation.

HIWU recommends that supplement manufacturers ensure that product labeling and website information are in compliance with FDA requirements for dietary supplements. They should also contact any vendors, distributors, or other clients to replace or relabel inventory as needed.

Questions about dietary supplements should be directed to Dr. Mary Scollay, HIWU's chief of science, at mscollay@hiwu.org.

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Sports Betting Legalized In Kentucky

Just before the Kentucky State Legislature was to adjourn Thursday evening, House Bill 551–legislation to legalize, regulate and tax sports betting in the Commonwealth of Kentucky that seemed a longshot as late as Thursday morning–passed the Kentucky State Senate by a vote of 25-12. Governor Andy Beshear was to sign the legislation, which required 23 votes in favor, into law Friday morning.

“After years of urging lawmakers to legalize sports betting, we finally did it!” Beshear tweeted Thursday evening. “Today's result shows that hard work pays off. Kentuckians will soon be able to place their bets here, and for the first time, we are going to keep those dollars to support our roads and bridges, schools and communities.”

According to a report in the Louisville Courier Journal, the Kentucky Speedway and the state's horse racing tracks could pay a fee to operate as sports betting facilities, with bets allowed on site as well as on licensed websites and phone apps. Wagers placed at tracks would have an excise tax of 9.75%and online wagers 14.25%.

Early Thursday, it appeared that HB 551 was going to be short of the 23 required votes, but according to the Courier Journal, the bill was placed on the orders of the day and was on the House floor half an hour later.

The Kentucky Equine Education Project (KEEP) issued a statement applauding the passage of the bill, which reads, in part:

“KEEP and Kentucky's horse industry have been actively involved for the past several years in advocating for sports wagering legislation that protects the role of Kentucky's signature industry in the landscape of wagering options and provides new revenue for the state.

HB 551 accomplishes this by allowing for sports wagering to be offered in-person at Kentucky's racetracks. Additionally, sports wagering will be governed by the Kentucky Horse Racing Commission, a testament to the trust that wagerers place in Kentucky's horse industry.

Overall, this bill will benefit Kentucky's horse industry and community by offering new revenue sources for the industry, as well as attracting new fans to the sport through the in-person experiences at Kentucky racetracks.”

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