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Gamblers Will Be Allowed To Sue Over Money Lost On Historical Horse Racing

Fayette Circuit Court Judge Thomas Travis ruled Tuesday that gamblers will be allowed to sue Keeneland and the Red Mile over financial losses sustained via historical horse racing terminals, reports the Lexington Herald-Leader.

Since a Kentucky Supreme Court ruled in September of 2020 that HHR machines were illegal under existing state statutes (since remedied with new legislation in February of 2021), the lawsuit will be seeking to recover gamblers' losses within the past five years.

Keeneland and Red Mile had filed a motion to dismiss the lawsuit, but Judge Travis overruled that on Tuesday and ordered the parties to prepare for trial. A pretrial conference is scheduled for July 7.

The lawsuit will also be seeking punitive damages under the Kentucky Consumer Protection Act.

Similar lawsuits have been filed in other counties, according to the report, but this is the first to have been ruled on.

Read more at the Lexington Herald-Leader.

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Historical Horse Racing Bill Awaits Louisiana Governor’s Signature; HHR Also OK’ed In New Hampshire

Louisiana and New Hampshire are the latest states to embrace historical horse racing through legislative action.

In New Hampshire, Gov. Chris Sununu signed House Bill 626 into law on June 8, authorizing pari-mutuel wagering on historical horse racing at New Hampshire charitable gaming facilities that were licensed as of May 1, 2020. With horse racing no longer offered in the state, revenue generated from wagering will be allocated to the New Hampshire education trust fund and to local charitable organizations.

Also on Tuesday, the Louisiana Senate voted 32-3 in support of SB 209, a bill that would authorize up to 50 historical horse racing machines at off-track betting facilities throughout the state. The House had previously approved the measure by a 84-11 vote. The bill has language allowing HHR wagering on mobile device apps provided they are used within the confines of a pari-mutuel facility or OTB.

According to the Louisiana State Racing Commission, there are 16 OTBs currently operating in Louisiana.

The Louisiana bill, supported by horsemen's and breeders' organization in the state, now goes to Gov. John Bel Edwards for his signature.

Concerning New Hampshire, Patrick Neely, chief business development officer for Exacta Systems, said: “We are so grateful to our primary bill sponsors, Representative Pat Abrami and Senator Harold French; longtime supporters like Representatives Fred Doucette and Jennie Gomarlo, and of course Governor Sununu for signing the bill into law. Passage of this legislation was truly a group effort, and we were pleased to play a role in a broad coalition of New Hampshire charitable organizations and charitable gaming operators. We have no doubt that HHR will prove to be as successful in New Hampshire as it is in other jurisdictions, and that it will generate significant new tax revenue and financial support for countless New Hampshire charities. Exacta looks forward to playing a role in that future success, and we are excited to announce our expansion plans and partnership agreements in New Hampshire in the coming weeks.”

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Legislative Committee Formed To Assess Tax Structure Of Historical Horse Racing

Sen. Damon Thayer and Rep. Adam Koenig have been appointed co-chairs of the Pari-Mutuel Wagering Taxation Task Force, which will study the taxes and rates related to horse racing, the impact that changing the rates would have, and the funds relating to the horse industry which receive historical horse racing tax receipts, eventually determining if any changes to those tax rates should be made.

Thayer is the Senate majority leader and a former racing executive, while Koenig sponsored the bill in the House clarifying the legal status of HHR machines.

Other members of the committee include: Julie Raque Adams, Christian McDaniel, Stephen West, Jonathan Dixon, Al Gentry, Matthew Koch, and Jason Petrie.

The Kentucky Equine Education Project, Kentucky's equine economic advocate, released the following statement on the appointment of the Pari-Mutuel Wagering Taxation Task Force:

“The Kentucky Equine Education Project (KEEP) commends the appointment of the Pari-Mutuel Wagering Taxation Task Force, the first step in ensuring an equitable tax rate for historical horse racing (HHR) that will result in increased revenue for the state and promote continued growth for Kentucky's nation-leading horse industry.

“During the legislative session when the preservation of HHR was discussed, Kentucky's horse industry pledged to work with the legislature to assess the tax structure of HHR, how those funds are allocated, what the impact would be on the industry and Kentucky's economy if the tax rates are changed, and determine if any changes should be made to the existing structure.

“KEEP stands ready to work with the Task Force and be part of the conversation on HHR to ensure that entire horse industry – all breeds and disciplines – continues to see benefit from HHR through incentive funds and other state programs. Additionally, it is paramount that changes to the tax structure of HHR are not detrimental to the horse industry's 60,000 direct and indirect jobs and its $6.5 billion impact on Kentucky's economy. KEEP looks forward to working closely with the Task Force to accomplish these goals.

“KEEP extends its gratitude to Representative Matt Koch and Representative Ruth Ann Palumbo for their legislative efforts to establish this Task Force.”

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Taxation Task Force to Look at HHR Rates

A Pari-Mutuel Wagering Taxation Task Force has been established in the Kentucky General Assembly to “study the taxes and rates related to horse racing, the impact that changing the rates would have, and the funds relating to the horse industry which receive historical horse racing tax receipts [and] determine if any changes should be made.” The task force will be co-chaired by Kentucky State Senator Damon Thayer and House of Representatives member Adam Koenig.

The Kentucky Equine Education Project (KEEP) issued a statement in support of the action Tuesday:

“KEEP extends its gratitude to Representative Matt Koch and Representative Ruth Ann Palumbo for their legislative efforts to establish this Task Force.”

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