Sports Betting Legalized In Kentucky

Just before the Kentucky State Legislature was to adjourn Thursday evening, House Bill 551–legislation to legalize, regulate and tax sports betting in the Commonwealth of Kentucky that seemed a longshot as late as Thursday morning–passed the Kentucky State Senate by a vote of 25-12. Governor Andy Beshear was to sign the legislation, which required 23 votes in favor, into law Friday morning.

“After years of urging lawmakers to legalize sports betting, we finally did it!” Beshear tweeted Thursday evening. “Today's result shows that hard work pays off. Kentuckians will soon be able to place their bets here, and for the first time, we are going to keep those dollars to support our roads and bridges, schools and communities.”

According to a report in the Louisville Courier Journal, the Kentucky Speedway and the state's horse racing tracks could pay a fee to operate as sports betting facilities, with bets allowed on site as well as on licensed websites and phone apps. Wagers placed at tracks would have an excise tax of 9.75%and online wagers 14.25%.

Early Thursday, it appeared that HB 551 was going to be short of the 23 required votes, but according to the Courier Journal, the bill was placed on the orders of the day and was on the House floor half an hour later.

The Kentucky Equine Education Project (KEEP) issued a statement applauding the passage of the bill, which reads, in part:

“KEEP and Kentucky's horse industry have been actively involved for the past several years in advocating for sports wagering legislation that protects the role of Kentucky's signature industry in the landscape of wagering options and provides new revenue for the state.

HB 551 accomplishes this by allowing for sports wagering to be offered in-person at Kentucky's racetracks. Additionally, sports wagering will be governed by the Kentucky Horse Racing Commission, a testament to the trust that wagerers place in Kentucky's horse industry.

Overall, this bill will benefit Kentucky's horse industry and community by offering new revenue sources for the industry, as well as attracting new fans to the sport through the in-person experiences at Kentucky racetracks.”

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Bill Banning Illegal Gray Machines Passes Senate

The Senate has passed House Bill 594, which will outlaw the unregulated and untaxed gaming machines known as “gray machines” in Kentucky. The bill passed in a 29-6 vote and now heads to Kentucky Gov. Andy Beshear's desk.

The Kentucky Equine Education Project (KEEP) released the following statement Tuesday.

“KEEP applauds the Kentucky General Assembly for the passage of HB 594, legislation that will ban illegal gray machines.

Getting this bill across the finish line was an incredible effort and KEEP is grateful to the legislators who supported the bill through the committee process and voted to pass the bill on the House and Senate floors.

KEEP would like to recognize the hard work of Representative Killian Timoney, who sponsored the bill. We would also like to recognize Speaker of the House David Osborne; House Speaker Pro Tempore David Meade; Senate Majority Floor Leader Damon Thayer; House Licensing, Occupations, & Administrative Regulations Committee Chairman Matt Koch; and Senate Licensing and Occupations Committee Chairman John Schickel for their work on this bill. The successful passage of this bill would not have been possible without their critical support.

KEEP, along with many other organizations, worked closely with legislators to ensure that they understood the negative impact of illegal gray machines on families, communities, and on Kentucky's legal forms of gaming.

KEEP will continue working on behalf of Kentucky's entire horse industry and community to advocate for policies that benefit everyone within the industry's economic ecosystem. Growing the success of the industry's more than 60,000 jobs and $6.5 billion economic impact on the state benefits all Kentuckians.”

For more, click here for 'Gray Machines Pose Major Threat to Kentucky's HHR, Horse Racing' from the Feb. 22 edition.

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Gray Machines Pose Major Threat to Kentucky’s HHR, Horse Racing

by Sara Gordon and Katie Petrunyak

Many of the nearly 250 people attending the Kentucky Thoroughbred Farm Managers Club's (KTFMC) monthly meeting, held Tuesday evening at the Keeneland sales pavilion, were unfamiliar with the unregulated and untaxed gaming machines known as “gray machines.”

The risk these gray machines pose to historical horse racing (HHR) gaming and the state's horse racing industry as a whole were the main topic of the meeting that included a discussion and Q and A session of Central Kentucky legislators. In a panel moderated by the Kentucky Equine Education Project (KEEP)'s executive director Will Glasscock, Senator Amanda Mays Bledsoe (Republican, Lexington), Representative Matt Koch (Republican, Paris), Senator Damon Thayer (Republican, Georgetown) and Senator Reginald Thomas (Democrat, Lexington, minority caucus chair) shared their opposition toward the expansion of gray machines in Kentucky.

“We have not forgotten what the legislature did for us in 2021,” Keeneland President and CEO Shannon Arvin recalled of the passing of SB 120, which continued the operation of HHR gaming, in her opening comments for the meeting. “We have to pay attention to what goes on in Frankfort. We can't just live in our own little world.”

The lawmakers on the panel introduced the growing issue of gray machines, which resemble slot machines but do not qualify as a legalized form of gaming in Kentucky as there is no oversight to their use. These machines, which are marketed as games of skill, are typically located in establishments such as gas stations, convenience stores and bars.

“They are illegal casino games,” explained Sen. Thayer, the Senate Majority Floor Leader. “The proprietors have a business model where they come into a state where there's a gray area in the law, they pay a lawyer to get a friendly opinion that says, 'Yeah, they're really legal.' And then they come in and try to get integrated in local communities.”

The meeting's legislators noted how there is currently no exact count of how many machines are in Kentucky because the machines are not required to be registered or tracked, but it is believed that there are already thousands in use and that their numbers are growing in every county across the Commonwealth.

Rep. Koch explained how the expansion of gray machines poses a major threat to the horse racing industry. While the majority of the revenue from these machines go to out-of-state gaming companies, revenue from HHR goes to support the state's signature industry: horse racing. He said that if gray machines remain, they could cripple the industry and decimate the jobs within it.

“It's going to end HHR. I don't think that's the type of gambling that Kentucky wants to see,” said Rep. Koch.

The panelists explained how these gray machines could also affect the communities they reside in, particularly when it comes to their impact on youth. Since the machines are unregulated, the lack of supervision creates the opportunity for minors to participate.

“You don't want to introduce [teenagers] to gaming at that age. That invites other sorts of bad actions. Keep them away from gaming and illegal activities, because one illegal activity begets another,” said Sen. Thomas.

Thayer said that other states are also working to confront the issues of gray machines. In Virginia, they have been the focus of 150 lawsuits, and in Pennsylvania, they were initially legalized but are now facing issues concerning a legal and regulatory gray area.

During the Q and A, attendees asked for further details regarding where gray machines come from and the entities behind them.

Legislators described how Pace-O-Matic and Prominent Technologies first brought the machines to Kentucky in 2021. The issue of their existence in the state was brought to the floor last year, where the legislature nearly outlawed them, but the House and Senate ultimately could not agree on the bill, so the effort fell short.

Representative Killian Timoney, the sponsor of last year's bill, was present at Tuesday's meeting and said that he will be filing similar legislation this week. Once submitted, it could take up to two to three weeks for a decision to be made as it moves through the legislative system.

The panel emphasized that now is the time for industry participants to reach out to their senators and representatives to help sway votes towards banning the use of gray machines in Kentucky.

“If you want to preserve this industry and see it continue to grow, you need to be ready to reach out,” said Rep. Thayer. “If it doesn't happen now, it will be harder next year as [gray machines] continue to expand like a bad virus.”

Glasscock shared details about the upcoming KEEP Day at the Capitol, set for this Thursday, Feb. 23, which provides members of Kentucky's equine industry and community an opportunity to share with legislators in Frankfort the importance of horses to their districts and to the state's economy. (Click here for more).

“We are on the ropes with this one,” said Rep. Timoney. “I don't know if you all can afford to not send someone to KEEP Day. The horse industry needs to be well-represented on Thursday. It's a signature industry and we need to protect it.

Koch further encouraged industry members to keep the conversation going with their representatives and senators–not only in their districts but across the entire state–concerning the importance of HHR, its impact on racing, breeding and sales and its overall significance to the state's economy.

“We need to spread a positive message of HHR. We're two years into this and it's doing great things for Kentucky. [We need to] reinforce to legislators not to strip that away.”

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KEEP Names Executive Director to Replace Jensen

The Kentucky Equine Education Project's (KEEP) Board of Directors announced that long-time consultant Will Glasscock will be promoted to executive director beginning Jan 1.

Additionally, Elisabeth Jensen who stepped down from that position in Sept. will serve as a consultant, assisting KEEP in managing board relations, industry stakeholders and with long-term strategic planning.

Growing up in Kentucky, Glasscock attended the College of Charleston and the George Washington University before working for nearly nine years in congressional offices and as the director of government relations for a national trade association.

Case Clay, Chairman of KEEP's Board of Directors, said, “Will's significant knowledge of the legislative process and the needs of our industry, as well as his many years with KEEP, will allow for a smooth transition and immediate success in his new role.”

The new executive director began working as a consultant for KEEP in 2017. Since then, he has taken on different roles within the organization, including KEEP's advocacy in Frankfort and Washington D.C., membership management, strategic planning and the KEEP Foundation. Most recently, he launched KEEP's Legislative Advocacy Committee, an important element in connecting individuals in the equine industry with legislators in the state's capitol.

Glasscock said, “I am honored to have been asked to take on this position for an organization that is so vital to Kentucky and to Kentucky's horse industry. Thanks to Elisabeth Jensen's leadership for the past five years, KEEP is stronger than ever and I look forward to building on the organization's success. I also look forward to continuing to work with Elisabeth in her new role and with the KEEP Board of Directors and its leadership.”

As a non-profit KEEP serves as Kentucky's equine economic advocate in order to preserve, promote and protect the state's multi-breed horse industry.

Click here to learn more about KEEP.

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