CHRB Tables Funding HISA Amid 'Odd Legal Terrain'

Following the Dec. 12 decision by the Federal Trade Commission to disapprove adopting Anti-Doping and Medication Control rules by the Horseracing Integrity and Safety Authority, California Horse Racing Board commissioners tabled discussion of funding HISA during its monthly meeting Dec. 15.

The board had intended to fund HISA and its supporting Horseracing Integrity and Welfare Unit program via market access fees from advance deposit wagering commissions. California's proportionate share of HISA's $72.5 million operating budget in 2023 was $7.3 million. 

"Going forward, I think it's probably best for the board not to approve this funding mechanism as there's nothing to fund at this point," CHRB executive director Scott Chaney said.

HISA continues to implement its Racetrack Safety Program rules.

Chaney, an attorney, described HISA as being in "odd legal terrain," with one court ruling in the Fifth Circuit Court of Appeals determining the act that authorized HISA was unconstitutional and another HISA ruling expected soon from the Sixth Circuit Court of Appeals.

"There is this odd legal piece, in which my estimation doesn't have a great chance for success if you're a HISA supporter," he said. "The most obvious solution would be a congressional fix, and as everyone knows, that could happen this week, or that could happen in the legislative session next year, or not happen at all. So my recommendation, at this point, is to table this for now until we have some sort of understanding of what the costs will be, if at all."

Prior to the FTC announcement, the ADMC program had been set to take effect at the start of 2023.

"I want to make it very clear: horsemen in the state of California will still follow CHRB guidelines regarding medication, testing, and enforcement. There will be no substantive change starting Jan. 1," equine medical director Dr. Jeff Blea said later.

Commissioners Thomas Hudnut and Oscar Gonzales bristled at remarks made by the other on Thursday.

After Gonzales asked Chaney to provide future updates in his monthly executive director's report if owners of individual grade 1-winning horses in the state plan to give a one-time stallion season to winning jockeys, a practice Gonzales wishes to require in California, Hudnut remarked, "We have two fewer grade 1 races today than we did yesterday."

The races were not identified. The American Graded Stakes Committee plans to formally announce its 2023 schedule of graded races, including downgrades, in a release Dec. 16.

"Generally, I think races are downgraded because of short fields and the quality of horses involved," Ferraro said to Gonzales. "And that's one of the issues with your proposal. There is a great fear by many in the industry that it will discourage horses from shipping into California to run in major races, which affects the quality of the races."

Also during Thursday's meeting, with conflicts between several Northern California entities, the CHRB tabled the discussion of allocating a portion of summer race dates until its meeting next month.

CHRB also gave a platform for an agenda item to racing opponent Kathy Guillermo, senior vice president for People for the Ethical Treatment of Animals, who drew attention to horse welfare concerns related to illegal Quarter Horse match racing that she says occurs at least eight unsanctioned bush tracks in California.

Though such racetracks are unregulated by the CHRB, commissioners were supportive of pursuing options to sanction licensees if evidence exists that shows that they are participants in illegal activity. 

"This just does have to stop. We have to do all we can," commissioner Dennis Alfieri said.