Proposed Kentucky Legislation Would Help Lighten Financial Strain From Animal Control In Abuse Cases

Animal cruelty and neglect cases are often fraught with legal and logistical challenges for the law enforcement or animal control officers handling them – not the least of which is what to do with animals that must be seized. A 2016 case of large-scale equine neglect in Mercer County, Ky., highlighted many of those challenges as dozens of horses had to be kept in place and fed by volunteers with donated hay while authorities investigated and worked to determine their ownership. One of the challenges in that case was finding someplace for the horses to go once volunteers received clearance to move them.

That case received plenty of publicity and horses were dispersed to rightful owners or to rescue facilities quickly, but in many lesser-known cases in more outlying areas, animal control officers don't have many resources to care for seized animals. Animals seized in the course of a cruelty investigation cannot be adopted out or sold until the case is closed or unless the owner gives consent, sticking already-strapped local law enforcement with months' worth of bills. When horses are involved, a seizure can be even more expensive than a case limited to dogs or cats.

Kentucky State Rep. Cherylynn Stevenson (D-District 88) is hoping new legislation could make that burden lighter. HB100 could make the owner of an animal seized during the course of a cruelty investigation responsible for the cost of the animal's care during the course of the criminal case or until the animal is relinquished.

The bill was born from a discussion Stevenson had with an animal control officer in her home district of Lexington, but improving Kentucky's animal care laws has been on her radar for some time.

“As I was campaigning and going door to door canvassing, we realized that nine out of ten houses in my district had an animal, so we started carrying cat treats and dog treats with us,” said Stevenson. “We realized that it was a really great bridge for the political divide. A lot of people care about animals and want to see [animal welfare] improve here in our state.”

For many years the Animal Legal Defense Fund placed Kentucky last on its rankings of states based on the strength of their animal welfare laws. Stevenson said that ranking may improve slightly after the state amended a law last year that had previously prohibited veterinarians from reporting suspected animal cruelty.

The cost of seized animals is no small consideration – Stevenson recalled one seizure of over 100 cats where board bills for the animals topped $80,000. Many local authorities don't have facilities to house horses at all and are reliant on non-profits to find a stall or pasture space. Then they're faced with the fact that horses are even more expensive to feed and maintain.

“I think we'll see a greater number of animals be saved if this goes through, because there will be a recourse then for all the upkeep, any vet care,” she said. “Ultimately if shelters aren't doing this and taxpayers aren't paying for it, that's a win for everybody.”

Legislation on other types of animal welfare topics has sometimes faced an uphill battle in Kentucky, where agriculture is prevalent and many residents have strong feelings about private property rights. Stevenson admitted this bill could face some opposition from those factions, as well as from defense attorneys who might bristle at the idea their clients could face financial judgments in addition to fines or other sanctions. It's not uncommon for attorneys or clients to prolong cases a part of their legal strategy, which would result in a higher care bill for the animal's owner under the proposed legislation. Sometimes, Stevenson said, animals are returned to their owner prior to the end of a case because the county can no longer afford to care for them.

The bill does have bipartisan support however, and the Kentucky Equine Education Project (KEEP) has placed its support behind the language.

“I think getting that equine stamp of approval is very helpful,” she said. “I think there's going to always be some folks out there who look at that property rights issue and they're not going to budge. And that's ok – not everyone has to agree all the time … we're trying to be as transparent as we can and have conversations with folks before it comes up before committee.”

Stevenson expects the bill to come before committee on Feb. 17.

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Senate Committee Will Hear Testimony Supporting Historical Horse Racing Bill Thursday

Today at 11 am EST, the Kentucky State Senate Committee on Licensing & Occupations will hear testimony in support of Senate Bill 120, legislation to keep historical horse racing in Kentucky.

The legislation was introduced earlier this week by Senator John Schickel and Senate President Robert Stivers and is backed by a broad coalition of horse industry, business, economic development and tourism organizations, including the Kentucky Equine Education Project (KEEP), which released a statement on the bill earlier this week.

SB 120 seeks to address a recent Supreme Court ruling by maintaining the status quo Kentucky has known for the past decade so that historical horse racing can continue in our state. HHR has led to significant job creation, community investment and economic development in communities across the commonwealth.

Testimony will be provided by:

  • Sen. John Schickel, bill sponsor
  • Kelli Pendleton, president/CEO, Christian County Chamber of Commerce
  • Tom Drury, horse trainer
  • Marc Guilfoil, Kentucky Horse Racing Commission

The committee will meet in Annex Room 171 in Frankfort and will be streamed live at ket.org/legislature.

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HHR Bill Introduced in Kentucky State Senate

Kentucky State Senator John Schickel and Kentucky Senate President Robert Stivers introduced Senate Bill 120 into the Kentucky State legislature late Tuesday with the goal of keeping historical horse racing in Kentucky and ensuring the future of Kentucky's signature equine industry.

“KEEP applauds Senator Schickel and Senate President Stivers for Introducing Senate Bill 120, Legislation to Keep Historical Horse Racing in Kentucky,” read a KEEP press release issued late yesterday.

“In response to the Supreme Court's ruling on historical horse racing, the legislation will define pari-mutuel wagering to be consistent with how the Kentucky Horse Racing Commission has regulated live racing for decades and historical horse racing for the last 10 years. The legislation also reaffirms that only pari-mutuel wagering on simulcasts of live racing can occur at simulcast facilities. In effect, this maintains the status quo that Kentucky has known for the last decade, ensuring HHR venues can continue or resume operations that are so beneficial to the horse industry and statewide economy.

“This effort is about preserving a system of wagering we've known for live racing for decades and historical horse racing for the last 10 years,” Schickel said last week, as he prepared to introduce the legislation. “This is about maintaining the status quo. Our immediate action as legislators is critical to protecting current and future jobs and economic development across the Commonwealth.”

A ruling in September by the Kentucky Supreme Court stipulated that many of the state's machines do not constitute pari-mutuel wagering and were therefore not allowed. It also required that legislation be introduced to uphold the existing definition of the games as pari-mutuel before the end of the legislative session Mar. 30. The original lawsuit against HHR was brought by the Family Foundation, a conservative organization opposed to gambling and its expansion. Members of the racing industry argue that the loss of revenue would be crippling to racing in Kentucky.

“We applaud Sen. Schickel for championing Senate Bill 120, which will keep historical horse racing in Kentucky and protect critical jobs, economic investment and state revenue at a time when they are needed most,” said the statement from KEEP. “We also thank Senate President Stivers for his support as a co-sponsor of this important legislation. The Kentucky Supreme Court gave the General Assembly clear direction to preserve the status quo, and SB 120 gives us a path forward.

“Historical horse racing is an integral part of Kentucky's signature equine industry and our economy as a whole and has helped position Kentucky as a worldwide leader in racing. With real jobs and investment on the line, we urge the members of the Senate Licensing and Occupations Committee to promptly move this legislation forward so that the commonwealth can continue to benefit from historical horse racing, now and in the years to come.”

SB 120 is set to be heard in the Senate Licensing and Occupations Committee at 11 a.m. Thursday, Feb. 4.

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Kentucky Senators Introduce Historical Horse Racing Bill ‘To Preserve The Status Quo’

The Kentucky Equine Education Project (KEEP), Kentucky's equine economic advocate, applauds Senator John Schickel and Senate President Robert Stivers for introducing Senate Bill 120 today, which will keep historical horse racing in Kentucky and ensure the future of our signature equine industry.

In response to the Supreme Court's ruling on historical horse racing, the legislation will define pari-mutuel wagering to be consistent with how the Kentucky Horse Racing Commission has regulated live racing for decades and historical horse racing for the last ten years. The legislation also reaffirms that only pari-mutuel wagering on simulcasts of live racing can occur at simulcast facilities. In effect, this maintains the status quo that Kentucky has known for the last decade, ensuring HHR venues can continue or resume operations that are so beneficial to the horse industry and statewide economy.

KEEP issued the following statement regarding the legislation:

“We applaud Sen. Schickel for championing Senate Bill 120, which will keep historical horse racing in Kentucky and protect critical jobs, economic investment and state revenue at a time when they are needed most. We also thank Senate President Stivers for his support as a co-sponsor of this important legislation. The Kentucky Supreme Court gave the General Assembly clear direction to preserve the status quo, and SB 120 gives us a path forward.

“Historical horse racing is an integral part of Kentucky's signature equine industry and our economy as a whole and has helped position Kentucky as a worldwide leader in racing. With real jobs and investment on the line, we urge the members of the Senate Licensing and Occupations Committee to promptly move this legislation forward so that the commonwealth can continue to benefit from historical horse racing, now and in the years to come.”

KEEP is joined by a broad coalition of industry, business and economic development groups in support of the bill and has been encouraging Kentuckians to contact their elected officials regarding the legislation. SB 120 is set to be heard in the Senate Licensing and Occupations Committee at 11 a.m. on Thursday, Feb. 4.

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