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Category: BloodHorse

Biden Signs Omnibus Bill With HISA Language Into Law

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The sweeping bill contains clarifying language that gives more authority to the FTC.

 

As expected following passage from the House of Representatives and the U.S. Senate, President Joe Biden on Dec. 29 signed into law a $1.7 trillion omnibus spending bill that among its many items contained legal clarifying language related to the Horseracing Integrity and Safety Authority and the act that authorized it. Additionally, the bill, known as H.R. 2617, the “Consolidated Appropriations Act, 2023,” calls for consolidated appropriations for the fiscal year ending Sept. 30, 2023, and provides emergency defense assistance to Ukraine.

HISA was created to implement national, uniform rules in Thoroughbred racing. The first of HISA’s two programs, the Racetrack Safety Program, had already gone into effect in July of this year. It was HISA’s second program, the Anti-Doping and Medication Control Program, that was placed on hold. The ADMC program was originally slated to go into effect Jan. 1, 2023, but its implementation, even with the passage of H.R. 2617, remains delayed.

 

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Mandy Lynn Delahoussaye, 47, Passes Away

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Daughter of Hall of Fame jockey Eddie Delahoussaye.

 

Mandy Lynn Delahoussaye passed away Dec. 30 at Ochsner Lafayette General Medical Center in Lafayette, La. She was the daughter of retired jockey Eddie Delahoussaye, who was inducted into the National Museum of Racing Hall of Fame in 1993. Eddie Delahoussaye serves as a commissioner with the Louisiana Racing Commission and on the board of directors for the Edwin J. Gregson Foundation.

The Martin & Castille Funeral Home-Southside in Lafayette will host a visitation Jan. 4 at 1 p.m. CT, followed by a memorial service at 2 p.m. at Martin & Castille’s La Fleur de Lis Chapel. Deacon Cody Miller will officiate the memorial. A private inurnment will be held later in the Holy Family Cemetery and Mausoleum in New Iberia.

 

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Grassley, Manchin Fight HISA Amendment

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Grassley, Manchin want to remove a HISA-related amendment from spending legislation.

U.S. Senators Chuck Grassley of Iowa and Joe Manchin of West Virginia have jointly filed an amendment that would strip changes to the Horseracing Integrity and Safety Act from an omnibus spending bill being considered this week in Congress.

The single sentence added to the spending bill is intended to place the Horseracing Integrity and Safety Authority on sounder legal footing by clarifying the Federal Trade Commission’s oversight. This change is a reaction to a U.S. Fifth Circuit Court of Appeals ruling last month that determined HISA’s enabling legislation was unconstitutional on the grounds that it inappropriately gives federal power to a private organization.

Nine state attorneys general also reportedly sent a letter to Senate Minority Leader Mitch McConnell of Kentucky asking for the HISA language change not to be included in the spending bill, according to a Dec. 21 press release from the Iowa Horsemen’s Benevolent and Protective Association. The initial HISA legislation was adopted as part of the 2020 COVID-19 relief bill.

Grassley filed his amendment Dec. 19, and Manchin signed on as a sponsor.

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Anti-HISA Ruling Could Be Delayed for Months

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Fifth Circuit refuses to order accelerated issuance of mandate.

 

The Fifth Circuit Court of Appeals, which in November ruled the Horseracing Integrity and Safety Act is unconstitutional, turned down a Dec. 15 request by the states and racing commissions of Louisiana and West Virginia to give the decision effect on Dec. 19. The upshot is enforcement of a lower court injunction against HISA could be delayed for months.

The two-line order denying the request was entered Dec. 16 by the same three Fifth Circuit judges who reversed a Texas federal district court ruling in favor of HISA. The lower court injunction against HISA was entered by a federal district court in Louisiana, which is also in the Fifth Circuit.

The Fifth Circuit’s anti-HISA decision cannot take effect unless and until a mandate issues. A publication of the American Bar Association says, “At its most basic, the mandate is the device by which an appellate court closes an appeal.”

 

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Fair Grounds Suspends Turf Racing

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The Louisiana track entered its meet with plans to begin with limited turf racing.

Officials at Fair Grounds Race Course & Slots this week suspended turf racing through at least late December to allow the track’s grass to recover from damage to the inner portion of the course. The New Orleans track entered its meet that began Nov. 18 with plans of a reduced schedule of turf racing, utilizing only its outermost running lane.

According to Gary Palmisano, executive director of racing for Churchill Downs Inc., which owns Fair Grounds, the course did not experience its customary growth this fall. Amid dry conditions, a well the track used for watering the grass was intruded with salt water when the Gulf of Mexico pushed into city freshwater supplies due to drought across much of the areas surrounding the Mississippi River, he said. Saltwater can kill grass.

Initial use of another water source and recent rainfall in the area has allowed officials to irrigate the turf, he added.

 

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Twin Colts Remain a Blessing for Coteau Grove

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Weanling sons of Gift Box growing gracefully at their birthplace in Cajun Country.

 

Earlier this year, Louisiana-based Coteau Grove Farms received a most unexpected surprise when their mare Villa d’Este gave birth to healthy twin colts.

Before the mare foaled out, the farm had wondered why she was so large, not knowing she was carrying an additional foal. To their amazement, both foals were no worse for the wear and now, more than seven months later, the sons of Gift Box   have started to grow into their skin.

Jacob Cyprian, broodmare manager at the Sunset, La., operation, witnessed the birth and has been with the colts for every step of their journey. He said they are somewhat of resident celebrities at the farm.

 

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Texas Congressman Introduces Legislation to Delay HISA

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HISA is responsible for creating and implementing uniform safety and integrity rules.

Rep. Lance Gooden, a Texas Republican, introduced legislation Oct. 4 in the United States House of Representatives that would delay the implementation of the Horseracing Integrity and Safety Act until Jan. 1, 2024, according to a release distributed by the National Horsemen’s Benevolent and Protective Association.

Some portions of the federal program created by the Act took effect in July, including the Racetrack Safety Program. HISA’s Horseracing Integrity and Safety Authority’s Anti-Doping and Medication Control Program is scheduled for implementation Jan. 1, 2023.

Groups from Texas and from a handful of other states are among those challenging the legality of HISA in court. Rulings from judges involved in separate legal cases are anticipated in the coming weeks or months.

 

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FTC Notifies Appeals Court of HISA Rule Change Proposal

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The Federal Trade Commission notified the Fifth Circuit Court of Appeals in New Orleans by a Sept. 2 letter that the Horseracing Integrity and Safety Authority has proposed two rule changes to meet objections raised by two states and others in a federal lawsuit.

The suit originated in U.S. District Court for the Western District of Louisiana, which on July 26 issued a preliminary injunction curbing HISA’s power to enforce FTC safety rules in Louisiana and West Virginia and to all plaintiffs in the case. The ruling was not based on constitutional grounds.

The Fifth Circuit Court of Appeals Aug. 8 ordered that the district court injunction be stayed except for its application to three regulations while it considers an appeal of the injunction. Oral arguments on the merits of the case followed Aug. 30.

 

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Economist: Breeding Decline Tied to Wagering Decline

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At Round Table, economist Lauren Stiroh outlined initial findings of foal crop study.

The estimated 2021 foal crop for North America is 19,200. The last time the foal crop dipped below 20,000? 1965.

The numbers couldn’t be more dramatic.

Speaking at The Jockey Club Round Table on Matters Pertaining to Racing Aug. 14, economist Lauren Stiroh largely tied those declining foal crop numbers to a decline in pari-mutuel wagering as she shared initial results of a study. Stuart Janney III, chairman of The Jockey Club, said it requested the examination of the economics of breeding and racing.

 

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HISA Faces New Legal Challenge in Texas

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Lawsuit says the authority’s enforcement systems are unconstitutional.

 

A lawsuit filed on July 29 in U.S. District Court for the Northern District of Texas challenges the authority of the Horseracing Integrity & Safety Authority.

The suit was brought by Lone Star Park owner Global Gaming, the owner of a Texas greyhound track seeking approvals to run horse races, and two entities trying to develop racetracks for horses in Texas. The suit and a motion for preliminary injunction motion argue that members of the HISA board of directors should have been appointed by the President on the advice and consent of the Senate, and that the Authority is unconstitutionally structured because the President cannot superintend the authority’s execution of laws.

 

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