An analysis being prepared of newly proposed legislation by Kentucky Senator
Mitch McConnell will, for the first time, put the thoroughbred breeding
industry under racing regulation and require breeders help pay for the sport’s
anti-doping and medication enforcement programs.
The analysis is being prepared on behalf of the Association of Racing
Commissioners International so the group can prepare for a “smooth transition” should
the measure be enacted.
In December, 2017 the ARCI called for closing the “regulatory gap” to better
protect horses by requiring oversight - publicly or privately - of those
segments of the industry that do not fall under the authority of a state racing
commission. Such expansion of regulatory authority at the state or
federal level would require legislation and industry support, which did not
materialize.
The McConnell bill falls short of what the ARCI had envisioned, but does
require Breeders register with the newly formed NGO (non-governmental
organization) and to be considered as “covered persons” eligible for
assessments to help pay for the proposed Authority and its Enforcement
Agency. Costs associated with this program have yet to be
disclosed but are expected to be in excess of the total funds now being paid by
all the state agency programs currently in existence. Costs
assessed by the new Authority may depend on the extent to which the existing
state based enforcement infrastructure is used.
The bill also requires the disclosure of horses that have been treated with
bisphosphonate drugs.
In July, 2019, the ARCI formally requested The Jockey Club institute a private
program of equine welfare regulation using their existing authority and special
status in all state racing rulebooks. No federal or state legislation would
be required for such a program.
The ARCI advocated for horses not yet under the jurisdiction of a racing
commission to require submission of all veterinary records and perform
suitability reviews that could be used to better identify horses in need of
increased monitoring as a safeguard. “The brutal reality is that some
horses needs to be monitored more aggressively and this can only be done by an
entity with existing authority to do so or with one specifically empowered by
statute,” Martin said, noting that RCI continues to assess whether the
McConnell bill will accomplish this.
