Kentucky’s HHR Bill Hinges on Definition of ‘Pari-Mutuel Wagering’

The legislative fix to legalize historical horse race (HHR) gaming in Kentucky will hinge on a one-paragraph definition of “pari-mutuel wagering” that a bipartisan group of state senators want added to an existing list of definitions that pertain to regulating horse racing.

The text of SB120 was posted online Feb. 3, one day after the bill was introduced.

Senator John Schickel crafted the statutory attempt to keep HHR operational, and his measure has the backing of Senate President Robert Stivers, Senate Majority Leader Damon Thayer, plus five other legislators listed on the co-sponsor page of the bill.

Their effort will try to preserve what has grown into a $2.2-billion annual handle source that has bolstered Kentucky's purses over the past decade (the Kentucky Thoroughbred Development Fund's purse-money cut from HHR is three-quarters of 1% of that handle).

This source of funding was put into peril on Jan. 21, when the Kentucky Supreme Court denied a petition for rehearing an earlier judgment that called into question the legality of HHR because it didn't amount to “pari-mutuel wagering.” The fight over that legal definition, led by anti-gambling activists, has worked its way through the court system ever since HHR was first allowed by the state in 2012.

Although the six-page bill includes a handful of other line items or word changes that pertain to how properties and premises are defined, the crux of the bill relates to a new definition of “pari-mutuel wagering” that has been inserted in an alphabetical list of terms where no definition previously existed. It reads:

“Pari-mutuel wagering,” “pari-mutuel system of wagering,” or “mutuel wagering” each means any method of wagering previously or hereafter approved by the racing commission in which one (1) or more patrons wager on a horse race or races, whether live, simulcast, or previously run. Wagers shall be placed in one (1) or more wagering pools, and wagers on different races or sets of races may be pooled together. Patrons may establish odds or payouts, and winning patrons share in amounts wagered including any carryover amounts, plus any amounts provided by an association less any deductions required, as approved by the racing commission and permitted by law. Pools may be paid out incrementally over time as approved by the racing commission.

Schickel said before he filed the bill that it will have a Feb. 4 hearing in the Senate Licensing and Occupations Committee, of which he is the chairman. That Thursday hearing, however, was not yet posted on the committee's online calendar before the late-afternoon Wednesday deadline for this story.

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Keepmeinmind, Shedaresthedevil Work at Oaklawn for ’21 Debuts

Keepmeinmind (Laoban) worked five furlongs in a bullet :59 at Oaklawn Tuesday morning in preparation for a start in the GIII Southwest S. Feb. 15. The fastest of 17 works published at the distance, the 3-year-old completed the final quarter-mile in a sharp :22.80, galloping out six furlongs in 1:11.80, seven furlongs in 1:25.40 and a mile in 1:40.40, according to local clockers.

Accompanied by David Cohen, the winner of the GII Kentucky Jockey Club S. last November worked over a fast track following the second break to renovate the racing surface.

It marked Keepmeinmind's fifth published workout this season at Oaklawn and the second bullet, following a five-furlong move in 1:00 Jan. 19.

“Did it the right way again,” said Robertino Diodoro, Oaklawn's leading trainer in 2020. “I love that his works have been very consistent. Again, I always say take each day at a time, but his works have been very consistent–consistently good–since he's been here.”

Diodoro indicated he plans to come back with an easy half-mile work and a “couple of stiff gallops” next week leading up to the Southwest, Oaklawn's second of four GI Kentucky Derby points races.

“I'd like it to be Tuesday [Feb. 9],” Diodoro said of the maintenance breeze. “But it could be adjusted by a day or two because it looks like a little bit of [weather].”

GI Kentucky Oaks heroine Shedaresthedevil (Daredevil) returned to the work tab Monday morning at Oaklawn, covering three furlongs in :36.60 in preparation for her 2021 debut, possibly the Mar. 13 GII Azeri S. Under exercise rider Fernando Espinoza, she breezed following the first renovation break for newly minted Eclipse Award-winning trainer Brad Cox. Clockers had the 4-year-old galloping out a half-mile in :49.80 over the fast track.

“Really, really good,” Cox said after the work. “We were just looking for like :38, and she honestly looked like she was going :38. Just well within herself. Just nice and easy. We're not going to get in a big hurry with her, just kind of pick it up a little bit each week. Couldn't have asked for a better first work back.”

Shedaresthedevil was a finalist for an Eclipse Award as the country's champion 3-year-old filly of 2020 after winning four races, including the Kentucky Oaks and Oaklawn's GIII Honeybee S. She hasn't started since finishing third in the GI Spinster S. Oct. 4 at Keeneland, her first start against older horses.

Following the Spinster, Shedaresthedevil received a 60-day break before resuming light training in mid-December in Kentucky. She arrived at Oaklawn Jan. 9. Cox said the 1 1/16-mile Azeri, Oaklawn's final major prep for the GI Apple Blossom H. Apr. 17, is possible for her 2021 debut.

“It's going to get close there,” Cox said. “We're just going to have to kind of really watch her and let her tell us if she's ready for that, but that would be the first logical target.”

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‘Old War Horse’ Alwaysmining Exits 2021 Debut In ‘Great’ Shape, Pointing To John B. Campbell

Runnymoore Racing's multiple stakes-winning Maryland-bred Alwaysmining, nominated to defend his title in the $100,000 John B. Campbell Feb. 13 at Laurel Park, emerged from his first victory since last year's race in good order, trainer Austin Trites said Wednesday.

“Alwaysmining, as you'd expect from the old war horse, is doing great,” Trites said.

The gelded 5-year-old son of Stay Thirsty rolled to a three-length victory in a one-mile optional claiming allowance Jan. 30 at Laurel – his first win in 350 days following the 2020 Campbell for 4-year-olds and up going about 1 1/16 miles, his seventh career stakes triumph.

It was the second start this year for Alwaysmining, who returned from 198 days between starts to run last of nine after setting the early pace in the one-mile Jennings for Maryland-bred/sired horses, a race he also won in 2020.

Alwaysmining got time off at the owner's Pennsylvania farm and was moved to Trites after successive off-the-board finishes last spring and summer. He won the Maryland Juvenile Futurity and Heft at 2; Miracle Wood, Private Terms and Federico Tesio at 3; and Jennings and Campbell last year.

“The Jennings just left us with so many more questions than answers and there was just enough reasons for us that here we are,” Trites said. “It was just kind of a can't-miss opportunity to run him in a conditioned allowance and try and give him that confidence booster. And, we figured the blinkers could really be a positive and they turned out to definitely be so.”

All 10 of Alwaysmining's wins have come at Laurel, but the most recent was his first time in 24 career starts wearing blinkers. Breaking on the far outside in a field of eight, he raced within striking distance while remaining in the clear, moved to within a length at the top of the stretch and steadily wore down front-running Zabracadabra before pulling away.

“I think the key in the afternoon is just what we learned [Jan. 30] and just to be very tactical with him, and try to keep him in that position where you know he's going to run for you,” Trites said. “Don't get him intimidated on the inside and just kind of ride him like he's the best horse and I think that's what happened.”

Nominations for the Campbell were due the same day Alwaysmining returned to the winner's circle. It comes just two weeks after his allowance win and would be his third start in a six-week span after wheeling back in 14 days following the Jennings.

“It is close. Obviously, in the heat of the moment we're going to nominate just in case,” Trites said. “We're going to keep all our options on the table. We're not going to rush into anything. Obviously the horse showed us what we wanted to see last time, and we'll kind of let him point us in the next direction.”

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One Of Bloom’s ‘All-Time Favorite Horses,’ Millionaire Snapper Sinclair Readies For 2021 Debut

Millionaire Snapper Sinclair is scheduled to make his 2021 debut in Thursday's seventh race at Oaklawn, a 1-mile allowance for older horses.

Snapper Sinclair hasn't started since finishing second in the $250,000 Cigar Mile Handicap (G1) Dec. 5 at Aqueduct for Hall of Fame trainer Steve Asmussen and owner Jeff Bloom, who also campaigned champion and multiple Oaklawn stakes winner Midnight Bisou.

Snapper Sinclair has only won five times in a 29-race career, but the 6-year-old son of City Zip has bankrolled $1,438,260. The horse has several near misses on his stakes-heavy resume, including runner-up finishes in the $750,000 Tourist Mile (beaten three-quarters of a length) Sept. 7 at Kentucky Downs, the first division of the $100,000 Fifth Season Stakes (beaten a neck) last year at Oaklawn and the $350,000 Essex Handicap (beaten a head) in 2019 at Oaklawn. Snapper Sinclair also was beaten a nose in the $400,000 Risen Star Stakes (G2) for 3-year-olds in 2018 at Fair Grounds.

Snapper Sinclair recorded his biggest career victory to date in the 2019 Tourist Mile over Kentucky Downs' European-style turf course. Bloom said “a little bit of everything” has kept Snapper Sinclair in training. The flashy bay has been based at Oaklawn since mid-December.

“He's healthy, he's sound,” Bloom said. “I feel like we're just inches away from a viable stallion career. He finished second in the Grade 1 Cigar. If he wins that race, it's a game changer for him. He's just such a fun horse to have and we like to race a lot. To be able to race with a horse as honest as Snapper Sinclair, it's part of why you keep coming back for more with this kind of thing. Snapper will always be one of my all-time favorite horses. He's a barn favorite for Steve and his crew. At the end of the day, it comes down to as long as Snapper wants to continue doing what he does and he stays sound and healthy, then so be it. Let's do it.”

Snapper Sinclair was an allowance winner at the 2019 Oaklawn meeting. He has had only two starts in allowance company since the summer of 2019, the last a third-place finish in a 1-mile grass event Nov. 5 at Churchill Downs. Seven-time Oaklawn riding champion Ricardo Santana Jr. is named to ride Snapper Sinclair, the 6-5 program favorite, Thursday. The race also attracted Grade 3 winner Plainsman, the early 5-2 second choice.

“In talking to Steve about it, it's kind of like Snapper sort of deserves a spot like this to kind of kick things off,” Bloom said. “He's shown up to every tough spot out there over the course of his career … none of these races are gimmies, but it's softer competition and, hopefully, we get that win for him. He's always knocking on the door. It would be nice to get him another confidence booster, get him a win, walk him into the winner's circle and then start planning his course of action following this spot.”

Probable post time for Thursday's seventh race is 4:09 p.m. (Central).

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