Legislative Issues & Policies - Jockeys Insurance Fairness Act

Introduction

In the last Congress, the Subcommittee on Oversight and Investigations of the House Energy and Commerce Committee conducted three hearings on “Thoroughbred Horse Racing Jockeys and Workers: Examining On-Track Injury Insurance and Other Health and Welfare Issues.”  In this Congress, the Subcommittee is chaired by Congressman Bart Stupak (D-MI) and Congressman Ed Whitfield (R-KY) is the ranking Republican.  The financial travails of the Jockeys’ Guild under Dr. Wayne Gertmenian prompted the Congressional hearings.

Following the hearings, Representatives Whitfield and Stupak introduced federal legislation to provide funding for health and injury insurance for jockeys, exercise riders, trainers and backstretch workers. 

House Legislation

On May 4, 2007, Representatives Stupak and Whitfield reintroduced the Jockeys Insurance Fairness Act (H.R. 2175) in the House of Representatives.  It is the same bill that they introduced in the last Congress.

Insurance Funding Provision.  The bill would amend the Interstate Horseracing Act by requiring that the written agreement that a track must have with a horsemen’s group prior to entering into a contract to simulcast races out-of-state include a provision that “not less than 50 percent of any amount received by the horsemen’s group under such agreement” be paid by the horsemen to the state racing commission.  The commission would use these funds to offer health and injury insurance for jockeys, exercise riders and backside personnel and trainers.  Although it is not clear from the bill language, we understand that the intent is that the 50 percent redistribution be applied to the payments made to the horsemen’s group, not the entire amounts allocated to purses.

The new requirements would not apply in states where jockeys, exercise riders, backstretch workers and trainers are included in a state’s worker’s compensation program.

Anabolic Steroid Prohibition.  The bill also includes a federal prohibition against entering a horse in any race subject to an interstate off-track wager “if such horse has been given anabolic steroids of any kind.”  It directs state racing commissions to “develop procedures for and administer appropriate testing for the presence of anabolic steroids.”

New Civil Actions.  The bill would also give a jockey, exercise rider, trainer or other backside worker personnel authority to bring a civil action in a federal district court for injunctive relief to restrain violations of the new requirements requiring insurance and prohibiting the racing of a horse that has been given anabolic steroids.

Congressional Action

The bill was referred to the House Energy and Commerce Committee on which both Mr. Stupak and Mr. Whitfield sit. 

AHC Position

The AHC opposes this bill