Legislation That Aims to Replace HISA Again Introduced

Rep. Clay Higgins, a Louisiana Republican; Rep. Don Davis, a North Carolina Democrat; and Sen. Tom Cotton, an Arkansas Republican, have introduced to Congress the bipartisan Racehorse Health and Safety Act, which would establish an interstate compact to develop nationwide rules governing scientific medication control and racetrack safety for horse racing and replace the Horseracing Integrity and Safety Act of 2020.

Higgins introduced the Racehorse Health and Safety Act of 2023 to Congress in September 2023 but the bill failed to pass out of committee. Like that proposal, this bill is backed by the National Horsemen's Benevolent and Protective Association and its affiliates, as well as the North American Association of Racetrack Veterinarians. Those groups have opposed HISA.

"This legislation protects horses and horsemen while reasserting state sovereignty and pushing back against federal oppression," Higgins said in a portion of a statement. 

While its oversight has been challenged in federal courts, currently HISA oversees nearly all racing jurisdictions in the country. A private, self-regulatory organization that operates under the Federal Trade Commission, HISA is tasked with developing rules in the areas of safety, anti-doping, and medication control. 

National Thoroughbred Racing Association president and CEO Tom Rooney May 15 issued a statement noting that HISA has effectively addressed these concerns. A former Congressman, Rooney characterized the proposed legislation as a ruse that would move the sport backward if it became reality.

"Thoroughbred racing is the safest it has ever been thanks to the Horseracing Integrity and Safety Authority and industry compliance. It is working," Rooney said. "We simply cannot afford to jeopardize the integrity and safety of our sport and athletes which could betray the public trust for the sake of political gamesmanship.

"While we still have work to do, it is important to acknowledge the progress that (HISA CEO) Lisa Lazarus and her team at HISA have made when it comes to making our great sport as safe as possible, and the numbers back that up. We at the NTRA are grateful that our sport has largely complied and put the safety and integrity of our athletes first. We must always strive to continue to be better and will work to incorporate the rest of our industry so that our great sport survives for generations to come. Now is not the time to go backward and abandon the progress we've made. Repealing HISA would do just that. I would also like to thank the leadership in Washington who continue to support HISA, including Congressmen Andy Barr (R-Ky.), Paul Tonko (D-N.Y.), and the over 260 bipartisan co-sponsors."

Higgins represents Louisiana, one of a small group of states that currently operate outside of the legal purview of HISA due to a preliminary injunction granted in a court ruling.

The bill proposes that the Racehorse Health and Safety Organization be made up of a board of directors appointed by the state racing commissions. Five board members would be appointed by the racing commissions in the states with the most racing days, and four members would be appointed by racing commissions in the remaining states. The RHSO board would establish three Scientific Medication Control Committees, one for each racing breed: Thoroughbreds, Standardbreds, and Quarter Horses. (HISA oversees Thoroughbred racing in the United States.)

The bill outlines the RHSO board establishing a Racetrack Safety Committee comprised of board- and industry-appointed members that would recommend breed-specific rules to the board. The board will have the final say on all rules adopted, but it would need to justify its decisions with scientific evidence. Further, the RHSO will be granted the power to investigate rule violations, but the state racing commission of each participating state would retain enforcement power unless it requests the RHSO to assist with enforcement. Finally, the RHSO would be funded through annual fees from the participating state racing commissions, which will be specific to each breed. According to its proponents, the RHSA would drastically reduce the fees placed on horsemen. 

States will have two years to decide whether to participate in the compact, but only participating states will be allowed to export simulcast signals for interstate, off-site betting. The RHSA would repeal HISA in its entirety.

Previous efforts to bring about uniformity in rules through compacts failed to gain traction.

HISA did not immediately respond to a request for comment.