Category: Horseracing Integrity and Safety Act (HISA)

Attorney General Landry Leads Lawsuit Against Federal Takeover Of Horse Racing

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Thursday, June 30, 2022

 

Thursday, June 30, 2022

Attorney General Landry Leads Lawsuit Against Federal Takeover Of Horse Racing

BATON ROUGE, LA – Today the State of Louisiana, the State of West Virginia, the Louisiana Racing Commission, the Louisiana Horseman’s Benevolent and Protective Association, the Jockeys’ Guild, owners, trainers, and jockeys filed suit in the Western District of Louisiana asking the Court to enjoin the implementation of the Horseracing Integrity and Safety Authority’s regulations. HISA – the Horseracing Integrity and Safety Act, was passed December 22, 2020, in the dark of night and tucked into the COVID relief package is an attempt to federalize horse racing, an industry the State of Louisiana has regulated for two centuries.

“HISA has created a regulatory scheme that is, at best, half-baked and harmful to everyone in the industry it purports to exist to protect and at worst unconstitutional,” said Attorney General Jeff Landry. “We all agree integrity and safety in horseracing is of paramount importance. And while no industry is without problems, Louisiana and West Virginia, among other states, have always strictly and effectively regulated it. I firmly believe the people of Louisiana should be in control of this activity, not political and corporate elites in some faraway place, all because of a problem that surfaced in California. Having a London lawyer, Jonathan Young, as the head of HISA’s ADMC Enforcement Agency and a Bavarian Investigator, Gunter Younger, regulating Louisiana horseman over five thousand miles away is unacceptable.”

The HISA law purports to effectively substitute state regulatory commissions with a private corporation, setup 90 days prior to the passage of this Act, in charge of horseracing. This entity has only nominal oversight by the Federal Trade Commission. This newly-created private corporation then began to issue regulations, on which the FTC permitted, allowing very little time for public comment, leaving those that actually labor under them with little input or voice. In short, the entire way this law and the regulations associated with it came about shows a reckless disregard for the industry participants and a correspondingly reckless disregard for the impact to our states. Not just for Louisiana, but for all states that engage in horseracing. The regulations are unclear, inconsistent, and violate due process. It is apparent that the HISA is shifting its own lack of preparedness to the industry and the states.

Congress recklessly set up this massive regulatory scheme that is onerous and unfair to everyone. Then, adding insult to injury, it is taxing the people who work the hardest and receive the least to pay for it while showing no interest in the safety of the sport’s most at-risk participant – the thoroughbred jockey. The Jockey Guild, which represents an entire industry of dedicated men and women at the very heart of this industry and for whom rider safety is paramount, has expressed its concerns about the reckless implementation of this law, but its comments were ignored.

This suit clearly shows that HISA is not prepared to assume control or supervision over racing. For example, HISA proposed a registration rule that also requires covered persons to be registered by July 1 and accredited by HISA. However, “covered persons” and the definition of “accredited” are unclear to just about everyone. Making matters even worse, the FTC posted its apparent approval of yet another set of rules at 8 p.m. last night, June 30, injecting even more confusion.

HISA Clarifies Enforcement Dates For Racetrack Safety Regulations

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The Horseracing Integrity and Safety Authority released the following list of clarifications on Thursday, regarding the relevant enforcement dates for its racetrack safety regulations.

Rule 2276. HORSESHOES

New horseshoe requirements will not be enforced until August 1, 2022 to ensure adequate inventory of HISA compliant horseshoes.

Rule 2281. RIDING CROP SPECIFICATIONS

The riding crop specification rule will not be enforced until August 1, 2022 to enable adequate inventory of HISA compliant crops.

Note: Rule 2280. USE OF THE RIDING CROP will be enforced July 1, 2022.

Rule 2143. RACEHORSE MONITORING (Vaccinations)

Enforcement of the HISA vaccination requirements is delayed until January 1, 2023 to allow horses to be vaccinated with previously unrequired vaccines at times that do not interfere with training and racing schedules. HISA vaccines must be administered by January 1, 2023.

Note: HISA vaccination requirements are in addition to all state and racetrack vaccine requirements; therefore, all state and racetrack requirements still apply.

Rule 2261. TRANSFER OF CLAIMED HORSE RECORDS

When a Horse is successfully claimed by a new Trainer, the previous Trainer must transfer Trainer records … to the new Trainer within three (3) days of transfer of the Horse to the new Trainer.

Note: ‘Trainer records’ include only records of medical, therapeutic, and surgical treatments and procedures. Required records do NOT include other materials related to training techniques or protocols.

The veterinary treatment records submitted to HISA by the Attending Veterinarian are associated with the Horse’s data record and as such, they travel with the Horse. As soon as the Designated Owner and/or Responsible Person (usually the Trainer) are changed in the HISA System, the new Designated Owner and Responsible Person will have access to the veterinary treatment records of the claimed horse.

However, the Trainer treatment records, which are only required to be maintained by the trainer (and not submitted by the trainer unless specifically requested by HISA), would be transferred according to the following process:

a. The Claiming Clerk will process the claim, changing the Responsible Person and/or Designated Owner to the new Designated Owner and/or Responsible Person (in the HISA System).

b. A message will be sent to both the Current Responsible Person and the new Designated Owner and/or Responsible Person (using HISA Messaging System) directing the process for transfer of trainer treatment records.

c. The Current Responsible Person will be directed to a Claim Form on the HISA website for listing all treatments performed on the horse within the last 60 days, including medical, therapeutic, and surgical treatments.

d. The Current Responsible Person will send the completed Claim Form to the new Designated Owner and/or Responsible Person outside of the HISA System. For example, the Current Responsible Person obtains the contact information of the new Designated Owner/Responsible Person from the Claiming Clerk so they can email the form.

e. A message will be sent to the new Designated Owner and/or Responsible Person asking them to confirm receipt of the Horse records. Additional technological innovations may further facilitate the process.

Note: Trainers are not required to maintain nor transfer Horse training records, nor are they required to transfer records created prior to July 1. Therefore, if a Horse is claimed on July 15, trainers are only expected to transfer 15 days of records.

Rule 2271. PROHIBITED PRACTICES

The following are prohibited practices:

(d) Thermocautery including but not limited to pin firing and freeze firing, or application of any substance to cause vesiculation or blistering of the skin, or a counter-irritant effect.

Notes:

• The prohibition on pin firing and freeze firing applies only to the dorsal surface of the third metacarpal/metatarsal bones (“shins”). This prohibition will apply beginning with the foal crop of 2022; it will not apply to horses foaled prior to 2022.

• Pin firing and freeze firing of other structures is not prohibited.

• Application of any substance to cause vesiculation or blistering of the skin or a counter irritant effect is prohibited on all structures.

(f) Use of electrical medical therapeutic devices including magnetic wave therapy, laser, electro-magnetic blankets, boots, electro-shock, or any other electrical devices that may produce an analgesic effect within forty-eight (48) hours of a training activity or of the start of the published post time for which a Horse is scheduled to race.

Notes:

• ‘Analgesic effect’ means a pain-masking effect that would compromise the ability to determine a Horse’s soundness. Therefore, those modalities may be used for other purposes.

• ‘Training activity’ means a published high-speed work.

Rule 9000. REGISTRATION OF COVERED PERSONS AND COVERED HORSES

Registration Requirement for Covered Persons. A Covered Person as defined by 15 USC § 3051(6) shall register with the Authority in accordance with this rule on the Horseracing Integrity and Safety Authority website at https://portal.hisausapps.org/registration.

Notes:

• Enforcement of the requirement to register under Rule 9000(a) will begin on July 2, 2022, the day after the program effective date of July 1, 2022.

• Any person who has registered with HISA may request to be unregistered by sending an email with the request to HISA at unregister@hisaus.org. A person shall be deemed unregistered immediately upon HISA’s receipt of the email according to the date stamp on the email.

Additional resources and information may be found on the HISA website at https://www.hisaus.org/. Implementation resources are located on the Resources page of the website at https://www.hisaus.org/home#resources.

HISA Registration Webinar Available on YouTube

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HISA registration webinar now available on OwnerView YouTube page.

  • Thoroughbred Owner Conference Press Release

 

Please be advised that OwnerView’s webinar on registration with the Horseracing Integrity and Safety Authority (HISA), held Thursday, June 16, as part of the virtual Thoroughbred Owner Conference series, is now available for viewing on OwnerView’s YouTube page at bit.ly/ownerviewpage. The webinar was moderated by TVG Analyst Caton Bredar and included Lisa Lazarus, chief executive officer of HISA, and Steve Keech, technology director for HISA.

OwnerView is a joint effort spearheaded by The Jockey Club and the Thoroughbred Owners and Breeders Association to encourage ownership of Thoroughbreds and provide accurate information on aspects of ownership such as trainers, public racing syndicates, the process of purchasing and owning a Thoroughbred, racehorse retirement, and owner licensing.

The need for a central resource to encourage Thoroughbred ownership was identified in the comprehensive economic study of the sport that was commissioned by The Jockey Club and conducted by McKinsey & Company in 2011. The OwnerView site was launched in May 2012.

HISA Clarifies ‘Search & Seizure’ Rule On Private Farms

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by Chelsea Hackbarth

 

During a Thursday webinar hosted by the Maryland Thoroughbred Horsemen’s Association, Horseracing Integrity and Safety Authority CEO Lisa Lazarus issued clarifications about the much-maligned “search and seizure” rule.

Listed as Regulation 5830 (B), which has not yet been approved by the Federal Trade Commission (FTC)  and is still open for public comment, the rule states:

“The Agency may enter facilities, offices, stables, barns, or any other premises related to Covered Horses which are owned, controlled, or occupied by Covered Person(s) and: (1) inspect and search the premises including any books, records or property, and to take possession or a sample of any item or material believed to be, or that may lead to, evidence directly or indirectly of a violation of the Protocol; (2) search any Covered Person or Covered Horse on the premises; (3) access electronically stored data, including emails, computers, and mobile phones and devices without altering such data or device(s) other than to forward, back up, copy or make a mirror image of such data or device(s); (4) conduct identification and medication checks on any Covered Horse; (5) inspect and take copies of any records the Covered Person is required to keep under the Protocol; (6) examine any Covered Horse under the care of a Covered Person and take Samples from the Covered Horse for analysis.”

 

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TTA Addresses HISA Questions Regarding Racing, Wagering, and Sales in Texas

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TTA

HISA Questions Regarding Racing, Wagering, and Sales in Texas
To All Owners/Trainers/Breeders/Consignors:
As of July 1st, HISA plans to implement their rules and regulations in this country, about which we’ve received several calls and e-mails related to potential impact to racing and sales in Texas.
Beginning July 1, Lone Star Park will cease exporting their simulcast signal through the end of the current Thoroughbred meet, so HISA authority will not apply. This is per action this week by the Texas Racing Commission’s Executive Director. On July 1, you CAN STILL wager on Texas horse racing in Texas -AND- you will still be able to wager on horse racing from other parts of the country at a Texas racing facility.
For our August 2022 Yearling Sale, there is no HISA impact whatsoever on our sale or for our consignors. Neither sales horses nor persons working or attending the sales need to be registered with HISA.
We’ve also had contact from some of our Two-Year-Old Sales Consignors. We’ve been told by HISA officials that two-year-old sales horses and those working or attending those sales are NOT considered “covered” under HISA rules. Therefore, we’ve been told there is no need to register.
As of today, this is what we’ve been told relating to sales. The racing at Lone Star Park’s 2022 Thoroughbred meet will continue through the scheduled end of the meet and on track/in-state wagering will continue.

Out-of-State Wagering on Lone Star to Suspend July 1

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HISA is scheduled to take effect at the start of next month.

 

Following through on a previously issued memorandum defying compliance with the Horseracing Integrity and Safety Authority, Lone Star Park has been denied approval to export its racing signal out-of-state beginning July 1, Texas Racing Commission executive director Amy Cook confirmed June 15.

HISA is scheduled to take effect at the start of next month, although implementation of medication rules and enforcement will be delayed pending either adoption or rejection of the rules by the Federal Trade Commission after a public comment period.

The Lone Star Park Thoroughbred season concludes July 17.

 

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HISA Representatives to Address Horsemen at EVD

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HISA representatives will be on Evangeline Downs property both June 15 and 16 to address horsemen along with anyone holding an LSRC license.

HISA will address concerns on the (Horse Racing Integrity & Safety Act) that commences on July 1, 2022.

The meet and greet will take place in the Pre function room by the Event Center. The event will take place at Noon both days. HISA reps will be on hand to help horsemen with registration, answer any questions, discuss rules, etc.

The Change Ahead: Void Claim Rules Will Soon Become National, Via HISA

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by Natalie Voss

 

On July 1, the first round of new regulations are scheduled to go into effect as a result of the Horseracing Integrity and Safety Act (HISA). HISA will seek to bring about the uniformity in medication, testing, and safety regulation and enforcement which so many in the racing industry have asked for in recent decades.

As the Horseracing Integrity and Safety Authority fights multiple lawsuits challenging the constitutionality of the new organization, it remains to be seen when, whether, and how it will implement new rules. It has been made clear by those working for the Authority so far that it will not be a night-to-day change between June 30 and July 1, 2022, especially since the Anti-Doping and Medication Control Program will not go into effect until Jan. 1, 2023. There will also be a phase-in process for its Racetrack Safety Program, which in many ways will seek to codify best practices suggested by the NTRA’s Safety and Integrity Alliance and the Association of Racing Commissioners International.

Assuming the Authority is able to bring about this change, there are a few jurisdictions and racetracks that will be in for a rude awakening. In this series, we take a look at where American racing stands now with key parts of the new regulations. What do we know about the history behind new rules? How have some states fared after implementing safety rules voluntarily? What has stopped some jurisdictions from adopting these changes on their own? 

 

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Louisiana Downs to Host HISA Webinars

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Dear Louisiana Horsemen & Racing Association Members,

 

Currently, implementation of HISA (Horse Racing Integrity and Safety Act) commences on July 1, 2022, with the HISA “Safety Program”. There will be two events that Louisiana Downs will be hosting in our Sky Room, that anyone with a LSRC license is invited and encouraged to attend.

1. Monday June 13th , 2022, Q&A Webinar Presentation – -(SKY ROOM) (10:30am-11:30 cst) -A zoom/ webinar call with HISA representatives, answering questions that “covered persons” may have. Topics on this webinar will be implementation, registration, allocation of fees, and rules of HISA.

The webinar meeting will be held physically in the Sky Room. Horsemen, and Association members who will not be at our facility can call in via zoom (see attached). Louisiana Downs will send the LAHBPA, as well as the LTBA, dial in information. Our Racing Ambassador Roxanne Tanner will moderate the call.

Please submit your questions for webinar to:

 

Roxanne Tanner (RTanner@ladowns.com); 318-741-2516

Jennifer Sokol (Jsokol@ladowns.com) 318-741-2512

 

2. Friday June 17th , 2022; Registration Day -–(SKY ROOM) (10:30am -?) HISA representatives will be at Louisiana Downs assisting horsemen, and association members with registration. Anyone with a LSRC license, can come to the Sky Room, and register with HISA representatives at this event.

Our association hopes both events will help clarify questions, as well assist in registration. Members of our Racing Team will be at these events as well to assist you.

Mitch Dennison

General Manager of Racing Louisiana Downs Casino and Racetrack 8000 E Texas Street, Bossier City LA 71111 Office:318-752-6503; MDennison@ladowns.com Zoom Call / Webinar Information

Event: Louisiana Downs; Q/A Webinar Presentation with HISA Representatives

Date: Monday June 13 th ,2022

Time: 10:30 am (cst)

Location: Sky Room, Louisiana Downs or Dial in Zoom

Join Zoom Meeting https://us06web.zoom.us/j/84061654184?pwd=SDVTalhnUFJTUktXTFh3aXJaSkdqZz09

Dial in by phone information:

Meeting ID: 840 6165 4184 Passcode: 815033

Dial by your location

+1 312 626 6799 US (Chicago) +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) +1 346 248 7799 US (Houston)

Meeting ID: 840 6165 4184 Passcode: 815033

***Call is moderated by Louisiana Downs, please mute your phone or computer during the call. ****

Make sure your microphone is always on mute, only opening it when it is your turn to speak.

 

HISA Events LAD

Texas Commission Airs HISA Concerns to CEO Lazarus

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Texas Racing Commission outlines broad slate of concerns to HISA’s Lisa Lazarus.

 

Texas Racing Commission members laid out their concerns with the impending July 1 launch of the first round of Horseracing Integrity and Safety Authority rules during its regular meeting June 8 in Austin. Those concerns include an anticipated statewide shutdown of pari-mutuel wagering and simulcasting related to the new federal rules.

“Although HISA is understood to have a preemptive effect on the various states, in Texas that effect is significant. In Texas, HISA will kill pari-mutuel onsite wagering and result in a prohibition of simulcast export wagering,” said commission chairman Judge Robert Pate during remarks at the start of the meeting, which was attended by HISA CEO Lisa Lazarus and lead counsel John Roach.

“Wagering on horse racing is a unique regulatory responsibility we have under the Texas Racing Act and Rules of Racing, which is inextricably tied to all functions of the Texas Racing Commission. If the Texas Racing Commission is not involved in every aspect of a horse meet and its races, pari-mutuel wagering and simulcast wagering is against the explicit terms of the Texas Racing Act,” he continued.

 

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