Kentucky House Approves Historical Horse Racing Bill, Goes To Governor For Signature

By a 55-38 vote, Kentucky's House of Representatives on Thursday evening approved Senate Bill 120, legalizing Historical Horse Racing machines through a clarification of what constitutes pari-mutuel wagering.

On Tuesday, the Kentucky Senate passed the measure, sponsored by Sen. John Schickel, by a 22-15 vote.

The bill now goes to Gov. Andy Beshear, who has expressed strong support for the measure.

Legislation was deemed necessary despite the operation of Historical Horse Racing wagering in Kentucky for nearly 10 years after a unanimous vote by the state Supreme Court that sided with the Family Foundation's argument that the machines were not pari-mutuel by the existing definition and therefore unconstitutional.

Thursday's vote came after a lengthy debate from legislators on both sides of the issue, with most of the opponents voicing concerns over problem gambling or citing religious or moral objections. Some said the bill, if passed, would be challenged in court.

Several House members said the Kentucky General Assembly should raise taxes on Historical Horse Racing, with Minority Leader. Joni L. Jenkins (D-Shively) – who voted in favor the bill – saying the current tax rate on the machines is “shameful.”

Statement from the Kentucky Equine Education Project

“Thank you to our representatives in the House for acting in Kentuckians' best interests and passing critical legislation to keep historical horse racing in the commonwealth. This is great news for the 1,400 people employed directly by historical horse racing and the tens of thousands more who rely on the horse industry to provide for their families.

“The Supreme Court's ruling on HHR last year brought major uncertainty to our employees, local businesses, communities and our industry as a whole. We applaud the General Assembly for acting swiftly to maintain the status quo of historical horse racing that the Kentucky has known for the last ten years. With the passage of SB 120, we are confident about the future of Kentucky racing and our ability to continue bringing new jobs and economic growth to our communities across the commonwealth.

“Gov. Beshear has been vocal in his support of historical horse racing and its positive impacts on our state, and we look forward to seeing SB 120 signed into law.”

Statement from Churchill Downs Inc., Keeneland, Ellis Entertainment LLC, Red Mile Racetrack, and Kentucky Downs

“On behalf of our team members, our horsemen and all of the citizens of the Commonwealth who earn their pay checks directly or indirectly from the horse industry, we applaud the Kentucky House of Representatives for the passage today of SB 120. The future of the Commonwealth's signature industry and those who support it is secure.

“We had extensive discussions with Governor Beshear and given his longstanding and unwavering support of the horse industry, we anticipate that he will sign SB 120 into law.

“We express our profound gratitude to bill sponsor Senator Schickel, President Stivers and Minority Leader McGarvey of the Kentucky Senate and Speaker Osbourne and Minority Leader Jenkins of the Kentucky House of Representatives for their leadership in securing SB 120's passage in the General Assembly.

“On behalf of the Commonwealth's race tracks, we also confirm and reiterate our discussions with Governor Beshear, Minority Leader McGarvey and Minority Leader Jenkins that we will work constructively to revise and raise the tax structure on historical racing machines, including consideration of a fair and equitable graduated tax structure. We look forward to those discussions in the near term and confirm our commitment to the Commonwealth to build on our tax and job base through sound capital investments and good corporate citizenship.”

Statement from Bill Carstanjen, CEO of Churchill Downs, Inc.

“I commend the House for their action today that keeps historical horse racing in Kentucky, preserves the strength of our state's signature industry and protects thousands of jobs that are dependent upon it. With the passage of Senate Bill 120 in the Senate and now the House, our legislators have made clear their support of historical horse racing in the Commonwealth.

“I wish to personally thank Governor Beshear for his unwavering support of the horse industry and the leadership of bill sponsor Senator Schickel, President Stivers, Majority Leader Thayer and Minority LeaderMcGarvey, of the Kentucky Senate as well as Speaker Osbourne and Minority Leader Jenkins of the Kentucky House of Representatives in securing SB 120's passage in the General Assembly today. We, of course, look forward to Governor Beshear's signage of SB 120, which he has stated publicly he will do.

“Tens of thousands of Kentuckians have contributed to the growth and success of our racing circuit and equine industry. I am thankful not only for the important work they do each day to keep our industry moving forward, but for taking the time to reach out to their legislators on this critical issue. Your voices truly made a difference in the effort to keep HHR in Kentucky.

“Following discussions today with Governor Beshear, Minority Leader McGarvey and Minority Leader Jenkins, I reiterate our commitment to working constructively to revise and raise the tax structure on historical racing machines, including consideration of a fair and equitable graduated tax structure. Additionally, I reaffirm our commitment, upon SB 120 becoming law, to immediately reengage on our capital investment project planning in Kentucky which, in turn, when implemented will create millions of dollars in economic impact and hundreds of construction and permanent jobs in the Commonwealth.

“I look forward to moving on from the uncertainty our industry has faced over the past several months and to our continued investment in the Commonwealth of Kentucky.”

Statement from the Kentucky Horsemen's Benevolent and Protective Association

“Horsemen across Kentucky, and those across the nation who race in the Commonwealth, should be so proud of the Republican and Democratic leadership in the Kentucky House for shepherding passage of SB 120. As Rep. Adam Koenig and others so eloquently expressed, Sen. John Schickel's bill is imperative to securing the future for a signature Kentucky industry and the tens of thousands of jobs and billions of dollars it preserves and creates in economic development, agribusiness and tourism for our state. With this clarification of what constitutes pari-mutuel wagering and resulting protection for Historical Horse Racing, Kentucky racing can continue its upward trajectory as America's premier racing circuit – and thanks to SB 120 we will have a strong year-round circuit. Passage of this bill not only protects the livelihoods of countless Kentuckians, but also avoids what would be a devastating loss in business to the thousands of small business owners and vendors who directly and indirectly benefit from the horse and racing industries.”

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Litt: Why I’m Leaving The Kentucky Thoroughbred Association

It's no secret: the horse industry is struggling. But like any good optimist, I'm always open to new ideas. I recently read Simon Sinek's book, “Start With Why: How Great Leaders Inspire Everyone To Take Action.” The oversimplified concept of the book is how understanding your 'why' can contribute to your success.

This is my 'why' I chose a career in horse racing: I love horses. From the unbelievable softness of a newborn foal to the rippling musculature of a stallion, they are majestic.

As an agent, breeder and owner, I enjoy being a custodian of the breed. A breed of horse that's over 300 years old, a breed that is noble, intelligent, honest and highly competitive. I often remind myself that it's a privilege, not a right, to be a part of Thoroughbred horse racing industry. I've been fortunate over the last 20 years to work with amazingly talented horses, including some champions. I love the notion that 50 years from now some of the horses I've been involved with may continue to have an impact on the breed.

Jason Litt is a partner in Solis/Litt Bloodstock

I love competition. In 1999, I visited Keeneland for the first time for the September Yearling Sale with my father, Howard Litt. My father loved the sport. He loved the Damon Runyon style characters that exist in every racetrack ecosystem, he loved the mental gymnastics required in handicapping and athleticism of the horses. He sparked my competitive spirit when he made the statement as we were watching horses go through the ring, 'Wouldn't it be cool if out of all of these horses you could pick a good one?”

Simply put, horse racing is hard. The lows of the game can deflate the most optimistic of individuals. We've all experienced hot nails, quarter cracks, spiked temps, colics, skin disease and failed fence jumpers, yet we are all bound by our persistence, determination, and staying power. There is nothing more gratifying and fulfilling than winning a race and sharing that sense of accomplishment with a group of owners, friends and colleagues. Watching the replay on a continuous loop and recapping every nuance of the race with anyone that will listen isn't bad, either.

I hope you have an understanding of my 'why.' When I joined the Kentucky Thoroughbred Association three years ago, I was open-minded and excited about making a difference. Unfortunately, the gap between my 'why' and that of the KTA is too large to bridge and therefore I am stepping down as a Director and making my resignation letter public. It's never too late to learn from our mistakes, hold people accountable for their actions or lack there of and to embrace bold ideas.

Dear President & the KTA Board of Directors,

It is with disappointment and frustration that I write this note. During the three years I have been on the Board, I have been repeatedly reassured that management's time was focused on our state lobbying efforts and that Chauncey Morris was forging strong relationships in the legislature. 

Unfortunately, the recent events regarding HHR show how unprepared our organization has been to address an issue that has been working through the courts for over seven years. There is no disputing how important the revenue from HHR has become to the health of our industry. It is the KTA's role that all members in the assembly understand and appreciate the importance of our industry to both Kentucky's economy and image. The fact that there has never been a successfully organized KTA effort to educate legislators or develop a plan to support the election of legislators that will have a favorable perception of our industry is shocking. Chauncey and his team's lack of action and foresight in this area is truly a dereliction of responsibility and in my opinion, should lead to his immediate dismissal. 

Therefore, please consider this note as my resignation from the Board. I can no longer in good faith be associated with an organization that has been caught so unprepared to take a stand to protect the Kentucky Thoroughbred and all the jobs associated with this industry.

Sincerely, 

Jason Litt

Jason Litt is co-founder of Solis/Litt Bloodstock and has previously worked for Three Chimneys Farm, where he was involved with stallion syndication, portfolio management, and client recruitment in addition to duties as a bloodstock agent.

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