Kentucky Legislature Broadens Definition Of Property Destruction To Include Livestock

The Kentucky Equine Education Project (KEEP), Kentucky's equine economic advocate, released the following statement regarding the Kentucky Legislature's passage of HB 229:

“We applaud the Kentucky Legislature's passage of HB 229. By broadening the definition of property destruction crime to include livestock, this legislation is a big step forward in further deterring the abuse of horses. KEEP has long been a leader in advocating for the health and welfare of Kentucky's horses and is wholeheartedly supportive of this legislation.

“KEEP is grateful to Representative Matt Koch for his work to advance this legislation. Representative Koch is a champion for Kentucky's horse industry and community and we appreciate his work to ensure that the horse industry's $5.2 billion economic impact on the state continues to grow.”

ABOUT KEEP
The Kentucky Equine Education Project, Kentucky's equine economic advocate, is a not-for-profit grassroots organization created in 2004 to preserve, promote and protect Kentucky's signature multi-breed horse industry. KEEP is committed to ensuring Kentucky remains the horse capital of the world, including educating Kentuckians and elected officials of the importance of the horse industry to the state. KEEP was the driving force in the establishment of the Kentucky Breeders Incentive Fund, which has paid out more than $177 million to Kentucky breeders since its inception in 2006, and pari-mutuel wagering on historical horse racing, which has been responsible for more than $50 million to purses and more than $24 million to the Kentucky Thoroughbred Development Fund.

KEEP works to strengthen the horse economy in Kentucky through our statewide network of citizen advocates. To learn more about how you can become a member or support our work, please visit www.horseswork.com.

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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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Kentucky Senate Passes Historical Horse Racing Bill; Legislation Moves To House Next

The Kentucky State Senate passed the Historical Horse Racing Bill, Senate Bill 120, by a margin of 22-15 on Tuesday, Feb. 9.

The Kentucky Equine Education Project (KEEP), Kentucky's equine economic advocate, released the following statement:

“We applaud the Senate for voting to keep historical horse racing in Kentucky and protect important jobs and investment in communities across the commonwealth. Senator John Schickel and Senate President Robert Stivers have been instrumental in moving this legislation forward, and we thank them for their efforts. Now, we are calling on our elected officials in the House to bring SB 120 to passage so that historical horse racing can continue in the commonwealth, just as it has for the last decade.

“The future of the horse industry and Kentucky's economy is in legislators' hands, and real jobs and livelihoods are at risk. Tens of thousands of Kentuckians rely on the equine industry to make a living and provide for their families—many of whom have already sent messages and made calls to their legislators asking them to vote yes on this critical legislation. They are your neighbors, family members, colleagues and friends. We hope that legislators will keep these individuals in mind as they discuss SB 120 in the coming days. A vote to keep historical horse racing in Kentucky is a vote for Kentucky families and the industry that supports them.”

The bill will be heard in the House Committee on Licensing, Occupations & Administrative Regulations before heading to the House floor for a vote.

The Kentucky Supreme Court issued a unanimous decision on historical horse racing machines on Sept. 24, 2020, deeming one particular brand to not constitute pari-mutuel wagering. When the Court declined to reconsider that decision in January, both Keeneland and Red Mile temporarily shut down historical racing operations.

Senator Schickel and Senate President Stivers introduced Senate Bill 120 on Feb. 2. It defines 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.

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Selected Virginia Stallion Season Auction Offerings To Benefit Kentucky HHR Lobbying Efforts

The developing situation regarding the status of historical horse racing (HHR) in Kentucky has created an “all hands on deck” scenario within the state's racing industry to ensure the crucial revenue source remains in place.

That call has been heard outside the state as well. The Virginia Thoroughbred Association will feature a group of offerings during its upcoming stallion season auction where the full proceeds will benefit the Kentucky Equine Education Project's lobbying efforts toward restoring HHR in the state and putting it on firmer legal ground.

The auction, set to take place Wednesday, Feb. 10, features four seasons donated thus far by Kentucky stallion operations where the money will go toward the KEEP Alliance, a branch of KEEP specifically dedicated to lobbying, grassroots campaigns, and otherwise raising awareness among key people and groups about the importance of HHR in Kentucky.

As of Friday morning, the seasons benefitting the KEEP Alliance come from Airdrie Stud's Complexity, Spendthrift Farm's Goldencents, Gun Runner of Three Chimneys, and Not This Time of Taylor Made Stallions. Farms are welcome to donate further seasons to benefit the KEEP Alliance prior to the auction.

VTA executive director Debbie Easter said the seasons were added to the auction in recent weeks, helping push the total number of different stallions on offer near 220 from 11 different states.

“Obviously, it's a good cause,” Easter said. “Everybody gets too regionalized sometimes, and it's important for us to work together to help each other. This is an important thing for Kentucky, and helping keeping things going along is important. Horse people working together always do better than working apart, so we're trying to move the needle a little bit.”

Virginia's Thoroughbred economy is familiar with the benefits HHR can have on a program.

Gov. Ralph Northam signed an HHR bill into law in 2018, which set into motion the re-opening of Colonial Downs and significant funding sources to fuel purses and incentive programs on and off the racetrack. The Virginia-Certified program paid out a record $1.77 million in awards in 2020, and Easter said HHR revenues have just started to kick into that pool, leaving even more room for growth in the future.

“We certainly know how important HHR is going to be to us,” Easter said, “and we've certainly seen what it's done for Kentucky, and they can't afford to lose that.”

While Virginia has been able to show positive growth with the help of HHR, it's widely accepted that Kentucky's Thoroughbred market is the tide that lifts and sinks the other regional-market boats in North America.

Even the largest foal-producing jurisdictions outside of the Bluegrass State are supported heavily by Kentucky stallions, and its starting gates are filled by Kentucky-breds. A weakened Kentucky racing industry would have ripple effects on the state's breeding program, and the rest of North America would feel the aftershock whether they race or breed in the state or not.

“Debbie was very enthusiastic about helping us,” said Elizabeth Jensen, KEEP's executive vice president. “I think everybody realizes as goes Kentucky, so goes the rest of the country's racing industry, so we need to keep it strong and vibrant here. We're happy that our counterparts in Virginia are willing to help us out and support us.”

Beyond the season donations, Jensen said Kentucky's major stallion operations have supportive of the advocacy measures to preserve HHR in the state. She noted that farms including Ashford Stud and WinStar Farm have made cash donations, and many stallion stations have sent out emails to their client lists urging them to take action.

“Preserving historical horse racing has to be the entire industry in Kentucky's priority right now,” Jensen said. “If we lose that, we lose 1,400 jobs overnight, and losing those purses and the horses that we're getting at Ellis Park and Kentucky Downs during summer racing, and just the whole racing circuit in Kentucky will be severely impacted if we don't get this done.”

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