RCI calls on HISA not to delay

(Editor’s Note: The federal Horseracing Integrity & Safety Act (HISA) that was signed into law in Dec. 2020 is scheduled to go into effect for Thoroughbred racing on July 1, 2022.  The USTA, along with several other parties, is part of a federal lawsuit in the Eastern Division of Kentucky U.S. District Court challenging the constitutionality of the HISA.)

Lexington, KY – The Board of Directors of the Association of Racing Commissioners International (ARCI) has unanimously indicated that the delay in HISA implementation suggested last week by the Authority’s Chair Charles Scheeler was “not necessary and legally problematic” as the US State racing commissions are all eager to negotiate and finalize agreements with both the Authority and its Enforcement Agency (assumed to be the United States Anti-Doping Agency).

“The people and organizations that have worked hard to pass the federal legislation have been waiting for ten years for these reforms and we see no reason why HISA and the enforcement agency cannot assume control on July 1, 2022, as required by the law,” said RCI Chair Robert Lopez.

Since late August State racing commissions have participated in fifteen implementation work sessions with both HISA and USADA senior staff.  Those meetings were coordinated by the ARCI and the last session occurred early November.

The only missing pieces are how the HISA Authority plans to pay for things and what the additional costs of the Authority and Enforcement Agency will be.  Existing program costs are matters of public record in each state and have been provided by the state commissions months ago.

“This is not rocket science,” said RCI President Ed Martin.  “The big cost of collecting and testing samples is known in each state. Investigator salaries are known.  Prosecutor salaries are known as is the number of cases that come on appeal.  What is not known are the HISA/USADA enhancements to the existing system and if nobody has their arms around what they will cost by now it makes one wonder if this entire thing is structured correctly.”

Lopez said the states are eager to work with both HISA and its Enforcement Agency, presumably USADA, to achieve a smooth transition.  “State specific agreements need to be negotiated now and the state racing commissions are ready to begin those talks with both HISA and the Enforcement Agency individually.”

“We have been told that the HISA goal is to preserve as much of the existing public investment as possible to mitigate new costs of expanded integrity on racetracks, owners, breeders, horsemen, veterinarians and fans,” Martin said.  “Delaying full implementation agreements as has been suggested only gives external forces more time to shift state support for racing to other areas.”

The ARCI said it was “most likely” that it will avail itself of the opportunity to comment directly to the FTC during the public comment period.

Martin said the initial read of the proposed Racetrack Safety rules were positive compared to previous versions, but that a complete analysis is underway.   He also said that the ARCI had a productive meeting in Tucson last week with Travis Tygart and senior leaders from the US Anti-Doping Agency as well as two HISA Board Members, D.G. Van Clief and Dr. Sue Stover the next day.

From the Association of Racing Commissioners International