By Michael Coleman
WASHINGTON – Sen. Tom Udall’s push for a federal law regulating drugs in horse racing won the endorsement – at least in concept – of some key industry leaders at a congressional hearing Thursday.
Not all eight senators at the Commerce Committee hearing agreed on all elements of Udall’s bill, but most concurred that federal regulation is needed to save a sport mired in a doping scandal.
Udall introduced his bill to crack down on the use of painkillers and performance-enhancing drugs in horse racing last year, and his legislation has gained some momentum in the aftermath of a New York Times exposé in March that showed rampant use of drugs in the sport, particularly in New Mexico. Rep. Ed Whitfield, R-Ky., has introduced identical legislation in the House.
The Times report found that New Mexico’s five racinos collectively had the worst safety record in the nation. Lax rules allow trainers to inject horses with painkillers to mask injury – then race them – which can lead to fatal injuries for jockeys and horses. Gov. Susana Martinez has asked the state Racing Commission for a full report of the most serious problems that persist in New Mexico racing, along with potential remedies.
“The chronic abuse of horses with painkillers and other drugs is just plain wrong – and it is dangerous,” Udall said at the outset of Thursday’s hearing. “An injured horse, feeling no pain, continues to charge down the track. This endangers every horse, it endangers every rider, and in the long run it endangers the sport itself.”
Udall’s bill would ban race day medication of horses and disallow horses from racing under the influence of performance-enhancing drugs, ban from the sport anyone caught violating drug rules three times and require drug testing of horses by independent labs.
In New Mexico, the five-member Racing Commission, appointed by the governor, is responsible for regulating the state’s pari-mutuel horse racing industry.
Mark Paulhus, a former director of equine protection at the Humane Society of the United States, said horses die at a “catastrophic” rate of about 25 per day in connection with doping. He said passage of federal legislation is critical to saving horse racing, because the industry “is absolutely incapable of coming together for the common purpose of protecting horses.”
James Gagliano, president and CEO of the Jockey Club, the breed registry for Thoroughbred horses in the United States, Canada and Puerto Rico, said he supports Udall’s bill in concept but would like to see changes. He suggested that it more narrowly define “performance-enhancing drug” and provide stricter penalties for trainers who dope horses, among other changes.
“We would support the use of a federal measure,” Gagliano said.
Edward J. Martin, president of the Association of Racing Commissioners International, said his organization has not taken a position on Udall’s bill, but would prefer to see instead the establishment of a new Interstate Racing Regulatory Compact “to avoid government redundancy and associated cost” associated with a new federal law.
“We will argue that horse racing has the most aggressive drug testing program in any professional sport and test for more substances than anyone else,” Martin said.
He said that, from 2000 until 2010, 37,382 Americans were licensed as horse trainers. During those years, 47 had had three or more serious violations of doping rules, he said.
“It’s a problem, but it’s a small percentage,” Martin added.
Udall said the scandal surrounding doping in horse racing threatens the industry itself, and thousands of jobs in New Mexico and nationwide. Udall said horse racing is $40 billion industry that provides 40,000 jobs nationwide. In New Mexico, horse racing is a $400 million industry with 10,000 jobs.