Bill to Establish Independent Kentucky Gaming Commission Passes House

In a vote late Thursday night, the Kentucky General Assembly passed a bill to establish an independent Kentucky Horse Racing and Gaming Corporation, according to a press release from Senate Majority Floor Leader Damon Thayer (R-Georgetown), the primary sponsor of the legislation. Senate Bill (SB) 299 revises Thayer's original proposal to attach the commission to the Kentucky Department of Agriculture administratively. The legislative effort was revised following further conversations with stakeholders and House Speaker David Osborne (R-Prospect), which would now establish an independent Kentucky Horse Racing and Gaming Corporation.

In his support of the bill, Osborne drew comparisons to the Kentucky Lottery Corporation and the Public Service Commission. A Senate Committee Substitute was adopted to outline the corporation's formation and set forth a robust framework for its operations. Subsequently, the Senate committee approved SB 299 on Tuesday and with passage in the House was delivered to the Governor on Wednesday.

Currently, HRC oversees all aspects of horse racing in the state, including venues housing historic horse racing (HHR) machines. SB 299 seeks to create the Kentucky Horse Racing and Gaming Corporation as an independent entity that regulates horse racing, sports wagering and charitable gaming in the commonwealth, effective July of this year.

“With the passage of SB 299, we're taking a crucial step in safeguarding the integrity and prosperity of our signature horse racing industry,” said Thayer. “As a cornerstone of Kentucky's heritage and economy, it's imperative that we uphold strong oversight and management of these vital industries. I contend the success of this industry demands it be a stand-alone entity capable of utilizing its funding without having to get authorizations from a bureaucratic agency. I am proud to sponsor this measure to promote this integral part of the commonwealth.”

Under SB 299, the existing racing commission members would transition to become the initial board of the newly formed corporation, serving two-year terms. Future board members would continue to be appointed by the governor but would require approval from the Kentucky Senate and oversight from the Executive Branch Ethics Commission.

Read SB 299 in its entirety here.

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Bill Overhauling Kentucky Racing Commission Passes State Senate

A bill introduced by Senate Republican Floor Leader Damon Thayer to create a new government corporation to oversee horse racing in the state has passed through the Kentucky Senate and will move on to the Kentucky General Assembly, according to the Kentucky Lantern.

Senate Bill 299 was heard in a joint meeting of the Senate and House economic development committees Tuesday morning and won Senate approval in a 26-11 floor vote in the afternoon. The bill would create the Kentucky Horse Racing and Gaming Corporation to replace the Kentucky Horse Racing Commission and Department of Charitable Gaming. The racing commission would be abolished in July 2024 and its employees and responsibilities would be transferred to the corporation, which would oversee live horse racing and sports wagering, as well as charitable gaming, after July 2025.

Board members of the corporation would be appointed by the governor and subject to Senate confirmation.

“I think this would bring increased scrutiny, integrity and transparency to all legal forms of gaming in Kentucky,” Kentucky Lantern quoted Thayer as saying in a committee meeting to discuss the bill.

Democratic Caucus Chair Reggie Thomas of Lexington led his party's opposition to the bill, which was introduced as a shell bill.

“The lack of transparency, the lack of sunshine, is something that should not be applauded,” he said.

Shell bills typically contain no substantive provisions and are introduced to ultimately be amended to include the actually intended legislative proposals.

In addition to the Democratic opposition, five Republicans also voted against the bill.

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