Turf Paradise in Phoenix has reached an agreement with the Horseracing Integrity and Safety Authority that requires the track to recognize that HISA’s safety rules preempt state regulations. The agreement resolves a number of issues that HISA had raised in an early January letter to Turf Paradise claiming multiple alleged violations of its safety rules and a failure by the track to pay its HISA fees. In response to the initial letter, Turf Paradise officials said they were not enforcing several HISA rules regarding voided claims and use of the whip because the rules conflicted with state regulations. HISA was created by federal legislation passed late in 2020, and its safety rules went into effect on July 1, 2022, after receiving approval from the Federal Trade Commission. The rules are designed to apply to any U.S. track that accepts wagers on its races from any out-of-state location, and they are meant to supersede state regulations, which is stated plainly in the enabling legislation’s language. Turf Paradise officials said in January that it had no quarrel with the HISA regulations but that the track feared it could lose its operating license if it enforced rules that conflicted with state racing regulations. The Arizona Department of Racing is currently overhauling its statutes to comply with HISA regulations, but rule changes in the state require legislative approval, a long and complicated process. The agreement makes it clear that state regulations do not apply in areas that HISA regulates. :: Take your handicapping to the next level and play with FREE DRF Past Performances - Formulator or Classic.  “Turf Paradise acknowledges that state laws are preempted with respect to matters on which the FTC has approved and promulgated a final rule,” the agreement says. The agreement also says that Turf Paradise officials will make “reasonable and good faith efforts” to comply with orders from HISA in regards to the specific voided claim and whip use rules HISA is enforcing in a number of other racing jurisdictions. Furthermore, the agreement says that the officials will work “to advocate and persuade the Arizona Division of Racing to allow the enforcement of all the Authority’s rules.” HISA’s enabling legislation was passed in the midst of a generational backlash against federal power in some states and among some political constituencies. The opposition to HISA’s federal mandate has led a collection of horsemen’s groups, state racing commissions, and state attorneys general to challenge the authority’s jurisdiction through multiple lawsuits that continue to wend their way through the courts. Due to a ruling in one federal court, HISA is not enforcing its rules in Louisiana and West Virginia, and tracks in those states continue to send their signals to out-of-state locations without penalties. :: Get Daily Racing Form Past Performances – the exclusive home of Beyer Speed Figures In Texas, the state racing commission last year refused to approve simulcasting contracts for the state’s racetracks to escape HISA’s jurisdiction. The commission reversed that decision earlier this year under the claim that a recent court decision nullified HISA’s authority in the state, but Sam Houston Race Park, the only Thoroughbred track currently running live racing in the state, then declined to export its signal, citing the need for a “legal review of the many complexities” of the court rulings. In Nebraska this year, Fonner Park dropped its plans to send its signal out of state to avoid HISA’s rules and jurisdiction. The state’s racing commission and its horsemen have expressed opposition to HISA since the enabling legislation was passed. :: Want to learn more about handicapping and wagering? Check out DRF's Handicapping 101 and Wagering 101 pages.