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Horseracing Integrity and Safety Authority

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Horseracing Integrity and Safety Authority (HISA)
Founded2020; 4 years ago (2020)
HeadquartersLexington, Kentucky
Lisa Lazarus
Charles Scheeler
BudgetUS$66 million (2023)[1]
Websitehisaus.org

The Horseracing Integrity and Safety Authority (HISA) is a private self-regulatory organization that regulates the sport of Thoroughbred horse racing in the United States. It is empowered by the federal Horseracing Integrity and Safety Act of 2020 to propose and enforce regulations related to safety and anti-doping aspects of the sport.

History

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The Horseracing Integrity and Safety Act was enacted into law in 2020 as Title XII of the US's Consolidated Appropriations Act, 2021.[2][3] The authority's initial board of directors took office in May 2021.[4]

The Act was subject to legal cases challenging its constitutionality. In November 2022, the Fifth Circuit Court of Appeals found the law to be unconstitutional, because it violated the private non-delegation doctrine by giving governmental authority to a private entity.[5][6][7] In response, Congress amended the law to give the Federal Trade Commission more control over the Authority's rules.[8][9] The Sixth Circuit Court of Appeals found the amended law to be constitutional in March 2023.[10][11]

HISA's first racetrack safety regulations went into effect on July 1, 2022.[12][13] Its anti-doping rules and enforcement program began on May 22, 2023.[14]

Regulatory functions

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HISA has jurisdiction over races that are involved in interstate commerce, including those that are subject to off-track betting and advance-deposit wagering, and the horses and horsemen who participate in those races.[15][16] The Authority propounds rules subject to modification and approval by the Federal Trade Commission.[17][18]

Racetrack safety

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HISA is charged with developing and enforcing rules for racetrack safety.[19] It regulates matters such as track surface maintenance, veterinary oversight, injury data reporting, jockey safety, horseshoe requirements, and use of riding crops.[20][21][22] A violation of the rules, such as a jockey striking a horse with a crop more than six times during a race, may be punished with a fine and suspension from racing.[23]

Anti-doping and medication control

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HISA is responsible for developing anti-doping and medication rules to ensure fairness and protect equine health.[24][25] Administration of the rules, including collecting and testing of blood, urine, and hair samples, is delegated to the Horseracing Integrity & Welfare Unit, a subsidiary of Drug Free Sport International, a private drug-testing company.[26][27]

Opposition

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Some states have not recognized the HISA, instead continuing to operate under safety and medication regulations on a state level. The Texas Racing Commission has refused to recognize the HISA on the grounds that it conflicts with its own state rules.[28] In addition to Texas, racing jurisdictions in Louisiana and West Virginia continue to operate under state rules as of the implementation of the HISA while awaiting the resolution of legal challenges.[29] The National Horsemen's Benevolent and Protective Association (HBPA) has also opposed the HISA.[28]

In September 2023 Republican congressman Clay Higgins of Louisiana introduced a bill that would replace the HISA with a new agency. The legislation, H.R. 5693, is supported by the National HBPA as well as the United States Trotting Association, which governs harness racing in the United States.[30]

References

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  1. ^ "HISA 2023 Summary Budget" (PDF). Horseracing Integrity and Safety Authority. Retrieved 2023-06-11.
  2. ^ Bennett Liebman (2021). "Introducing the Horseracing Integrity and Safety Act and a New Era of Racing Regulation" (PDF). NYSBA Entertainment, Arts and Sports Law Journal. 32 (1): 64. Retrieved 2023-05-29.
  3. ^ Pub. L. 116-260 Consolidated Appropriations Act, 2021, Division FF, Title XII: Horseracing Integrity and Safety
  4. ^ "Charles Scheeler elected chair of HISA board". The Blood-Horse. May 28, 2021. Retrieved 2023-05-29.
  5. ^ Kevin McGill (November 18, 2022). "Appeals court strikes down federal horseracing rules act". Associated Press. Retrieved 2023-06-10.
  6. ^ "Fifth Circuit Court of Appeals finds HISA unconstitutional". Thoroughbred Daily News. November 18, 2022. Retrieved 2023-06-10.
  7. ^ National Horsemen’s Benevolent and Protective Association v. Black (5th Cir. 2022), Text.
  8. ^ Byron King (December 20, 2022). "HISA/FTC-clarifying language in federal spending bill". The Blood-Horse. Retrieved 2023-06-10.
  9. ^ Pub. L. Consolidated Approprations Act, 2023, Division O, Title VII: Federal Trade Commission Oversight of Horseracing Integrity and Safety Authority
  10. ^ Matt Hegarty (March 3, 2023). "U.S. appeals court upholds HISA's constitutionality". Daily Racing Form. Retrieved 2023-06-10.
  11. ^ Oklahoma v. United States (6th Cir. 2023), Text.
  12. ^ "National horse racing safety rules being implemented July 1". CBS News. AP. June 8, 2022. Retrieved 2023-05-29.
  13. ^ Garrett Wymer (June 30, 2022). "First Horseracing Integrity and Safety Authority rules go into effect Friday". WKYT-TV. Retrieved 2023-05-29.
  14. ^ Julia Benbrook (May 23, 2023). "HISA regulations off to the races: Anti-Doping and Medication Control program launched Monday". Spectrum News. Retrieved 2023-05-29.
  15. ^ 15 U.S.C. § 3051(5): Covered horserace
  16. ^ Byron King (January 4, 2023). "Sam Houston to begin 2023 meet without simulcast export". The Blood-Horse. Retrieved 2023-06-10.
  17. ^ 15 U.S.C. § 3053: Federal Trade Commission oversight
  18. ^ T.D. Thornton (May 4, 2023). "Federal judge rules HISA constitutional after law's rewrite". Thoroughbred Daily News. Retrieved 2023-06-10.
  19. ^ 15 U.S.C. § 3056: Racetrack safety program
  20. ^ "FTC gives approval to HISA Racetrack Safety Program". The Blood-Horse. March 4, 2022. Retrieved 2023-06-10.
  21. ^ "HISA amends hind shoe rules after meeting with horsemen". The Blood-Horse. July 29, 2022. Retrieved 2023-06-10.
  22. ^ "HISA reports 47 riding crop violations to date". The Blood-Horse. July 21, 2022. Retrieved 2023-06-10.
  23. ^ "HISA has issued total of 64 riding crop violations since implementation". Paulick Report. July 25, 2022. Retrieved 2023-06-10.
  24. ^ 15 U.S.C. § 3055: Horseracing anti-doping and medication control program
  25. ^ "Horse racing's national anti-doping program starts Monday". U.S. News & World Report. AP. March 26, 2023. Retrieved 2023-06-10.
  26. ^ Matt Hegarty (February 27, 2023). "HISA 'very confident' of starting drug-testing and enforcement on March 27". Daily Racing Form. Retrieved 2023-06-10.
  27. ^ "Test Types" (PDF). Horseracing Integrity & Welfare Unit. Retrieved 2023-07-03.
  28. ^ a b King, Byron (3 July 2023). "Uncertainty Amid HISA Conflict Continues in Texas". The BloodHorse. Retrieved 9 December 2023.
  29. ^ Downey, Dick (23 November 2022). "HBPA: HISA Still 'Law of the Land' Except in Two States". The BloodHorse. Retrieved 9 December 2023.
  30. ^ Whyno, Stephen (26 September 2023). "Horse racing groups introduce competing safety legislation they hope will replace HISA". apnews.com. Associated Press. Retrieved 9 December 2023.
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