‘Real Financial Harm’: Pennsylvania Equine Coalition Pushes Back Against Governor’s Proposed ‘Raid’

From the Pennsylvania Equine Coalition

Gov. Tom Wolf's proposed FY 2021-22 budget – which seeks to raid $199 million from the Race Horse Development Trust Fund — would result in the end of horse racing in Pennsylvania, an integral part of the state's agriculture industry that supports hundreds of small businesses and 20,000 family-sustaining jobs.  The proposed budget repeats a recommendation the Wolf Administration put forth last year that failed to gain traction in the legislature.

“It is hard to fathom why the Wolf Administration would once again put forward a fundamentally flawed proposal that was widely dismissed and failed to gain any meaningful support last year in the legislature,” said Pete Peterson, spokesperson for the Pennsylvania Equine Coalition, an organization representing the six Thoroughbred and Standardbred horsemen and breeder associations in the state. “This proposal would result in the end of horse racing, which supports 20,000 jobs, delivers an annual $1.6 billion economic impact, and preserves hundreds of thousands of acres of open space.”

Peterson noted that the effects would be felt well beyond Pennsylvanians who work at a race track or breed horses.  Purse money earned by a horse enables the owner to buy hay and straw from farmers, feed from local feed mills, as well as pay the horse's jockey, trainer, blacksmith, groom, veterinarian, and equine dentist.  In addition, countless small businesses in the manufacturing, retail and construction industries count horsemen and breeders among their major customers for horse trailers and vehicles, feed equipment, riding tack and other supplies, the construction or repair of barns and fencing, and more.

“Given the current economic climate, we should be looking for ways to provide support to struggling working families and small businesses, not threatening their jobs and livelihoods,” said Peterson. “Eliminating horse racing and breeding would have far-reaching negative impacts throughout the agriculture industry, Pennsylvania's leading economic sector, as well as the broader state economy. Pennsylvanians who work in or rely on the horse racing industry to support their families already face financial challenges due to the COVID-related shutdown of race tracks and casinos last year and this proposal will only add to their stress.”

“Everyone recognizes that college debt and rising tuition rates are major problems, but you don't fix one debt problem by putting an entire sector of the agriculture industry out of business and thousands of people out of work,” said Peterson.

Beyond the economic ramifications, Peterson noted that the Administration's proposal to divert non-tax dollars from the Race Horse Development Trust Fund (RHDTF) for purposes other than what they were intended also faces a significant legal hurdle.  In 2017, the General Assembly passed – and Governor Wolf signed into law – legislation (Act 42) that specifically states the amounts in the RHDTF “are not funds of the Commonwealth” and that “the Commonwealth shall not be rightfully entitled” to the RHDTF funds.  The General Assembly and Governor approved that trust fund protection language in order to spur new long-term investment in Pennsylvania's racing and breeding industry by providing increased economic certainty for investors.  Now, no more than four years later, the Governor appears to be suggesting that the Commonwealth reverse its commitment.

“Given the proposal's far-reaching negative impacts on Pennsylvania's agricultural industry and the significant legal issues it faces, we are optimistic that the legislature will again reject this proposal,” said Peterson. “But by merely floating this idea, the Administration is hurting working families that are already reeling from the effects of COVID-19.  These next few months are an extremely important time for horse breeders, as customers are deciding right now whether they want to breed their horses here in Pennsylvania or in other states such as New York, Virginia, Maryland, or Kentucky.  Putting this idea out there – even though it has little chance of success – will result in real financial harm to our breeding farms here in Pennsylvania.”

The Pennsylvania Equine Coalition is a statewide organization that represents more than 10,000 owners, trainers, drivers, and breeders in Pennsylvania's horse racing and breeding industry.  Our member organizations include the state's six horsemen and breeder associations, including: the Pennsylvania Harness Horsemen's Association, the Pennsylvania Thoroughbred Horsemen's Association, the Standardbred Breeders Association of Pennsylvania, the Pennsylvania Horse Breeders Association, the Meadows Standardbred Owners Association, and the Pennsylvania Horsemen's Benevolent and Protective Association.

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Bill To Legalize HHR In Kentucky Passes Committee Unanimously, On To Senate Floor

Senate Bill 120, which would expand Kentucky's definition of parimutuel wagering to include historical horse racing (HHR), passed the state's Senate Committee on Licensing and Occupations unanimously Thursday morning. The committee, led by bill sponsor Sen. John Schickel (R-District 11), heard testimony from representatives of the horse racing industry as well as The Family Foundation, which has long opposed HHR.

Trainer Tommy Drury provided the committee with perspective on the “trickle down” impact of the horse racing industry, beyond the people it employs directly and to the vendors who provide hay, grain, and other services to his barn.

Drury also pointed out that even with purses fueled by HHR, some Kentucky tracks are already struggling. He pointed out that for a given set of maiden conditions, the purse at Turfway is $32,000 while the same conditions at Oaklawn match a purse of $82,000.

In fact, Drury, who bases in Kentucky year-round, said he could afford to continue training while providing a consistent base for his family in part because Churchill Downs Inc., purchased Turfway Park and increased purses from where they had been — a move he credits to the income from HHR.

But predictably, The Family Foundation cast doubt on racing's portrayal of the HHR issue. The state supreme court ruled last fall that the Exacta Systems machines installed at Keeneland and Red Mile did match the legal definition of parimutuel wagering, and ruled Jan. 21 it would not rehear the case as requested by the tracks. Family Foundation spokesman Martin Cothran was critical of the tracks' decision to keep HHR running between the ruling in the fall and the appeal in January.

“They were the ones who asked the court if what they were doing was on the up and up,” he said. “Now we have that answer, and they've been ignoring it.”

Contrary to the usual terminology used by the racing industry, Cothran referred to the HHR machines as “slots” and pointed to CDI executives as beneficiaries of the games moreso than their employees.

“This company is associated in the minds of many people with a horse race which is considered by many to be the most exciting two minutes in sports and of which many of us, as Kentuckians, are quite proud,” said Cothran. “But in fact, this company has moved further and further away from racing, becoming an ever-more lucrative, multi-billion dollar casino corporation. Its stock is also publicly traded, which means it is owned by shareholders, many of whom live outside of the state.

“In 2019, 76.7% of this company's employees were hourly and the median compensation was $23,670 … and that calculation includes the compensation of the company's opulent executive cast. The CEO's total compensation in 2019 was $10,601,294 — 447 times the median compensation to gain entry. We wonder what that comes to as an hourly wage, and how it compares to the wages the company pays the grooms and the hotwalkers it is using to represent the industry.”

The primary question that seemed to concern committee members was whether the legislature could pass a law allowing historical horse racing to become part of the legal definition of parimutuel wagering, or if that would require an amendment to the state's constitution, which states that only lottery, charitable gaming, and parimutuel wagering are permitted. Racing supporters believe a legislative fix is sufficient, while The Family Foundation believes it requires constitutional amendment.

Schickel stated during the hearing he did not favor a constitutional amendment to address the question, as he does not want to open the door for casino gaming in Kentucky. While giving 'aye' votes, several committee members admitted they weren't sure which side was correct and suspected the issue would continue to be contested in court.

The bill will now move to the floor of the state senate. The Lexington Herald-Leader reported Thursday that it's generally expected to succeed there, but the state house of representatives is another question. The current bill does nothing to change the structure of tax revenue from HHR, which was one concern cited by critics. Besides that issue, there remain a number of socially conservative areas of the state which do not benefit from the racing industry as greatly or directly that are likely uncomfortable with additional gaming in the state.

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Economic Indicators: Promising Start To 2021 As Total Wagering Increases Nearly 10 Percent

Equibase, LLC released its first monthly report of 2021 on Economic Indicators in Thoroughbred Racing on Thursday, Feb. 4. Due to the COVID-19 outbreak, Equibase has been providing monthly economic indicators advisories. The Advisory is typically disseminated on a quarterly basis to provide key metrics used to measure racing's performance throughout the year.

 

Total wagering on U.S. races was up 9.57 percent in the first month of 2021, despite the ongoing difficulties caused by the pandemic, including continued declines in total race days and purses. On another positive note, the decreases in race days and purses actually led to an increase in the average purses per race day, by 9.42 percent.

Of course, the 9.89 percent decline in race days and corresponding 5.99 percent decrease in races run also led to a slight increase in field size, 1.75 percent.

January 2021 vs. January 2020
Indicator January 2021 January 2020 % Change
Wagering on U.S. Races* $959,602,269 $875,765,850 +9.57%
U.S. Purses $71,102,287 $72,116,730 -1.41%
U.S. Race Days 255 283 -9.89%
U.S. Races 2,211 2,352 -5.99%
U.S. Starts 17,879 18,692 -4.35%
Average Field Size 8.09 7.95 +1.75%
Average Wagering Per Race Day $3,763,146 $3,094,579 +21.60%
Average Purses Per Race Day $278,832 $254,829 +9.42%

 * Includes worldwide commingled wagering on U.S. races.

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Gamine Disqualified From Third-Place Finish In Kentucky Oaks, Baffert Fined $1,500

The Kentucky Horse Racing Commission has released its official ruling on Gamine's positive test in the Kentucky Oaks, disqualifying the filly from her third-place finish and issuing her trainer, Hall of Famer Bob Baffert, a $1,500 fine after he waived his right to a hearing.

Gamine's prize money from that race, $120,000, was ordered redistributed, while fourth-place finisher Speech has been elevated to third.

Gamine's post-race test after her third in the Kentucky Oaks on Sept. 4 at Churchill Downs showed a positive for the Class C drug betamethasone. It was the Into Mischief filly's second positive test of 2020: Gamine ran on Arkansas Derby day (May 2) at Oaklawn Park, winning an allowance race, but subsequently tested positive for lidocaine and has since been disqualified.

Another Baffert-trained runner, Arkansas Derby winner Charlatan, also tested positive for lidocaine and was disqualified.

Baffert plans to appeal the Arkansas rulings, but will not appeal the ruling by the KHRC, attorney Craig Robertson told bloodhorse.com.

Gamine developed into one of the top 3-year-old fillies of the year, earning an Eclipse Award as the top female sprinter after wins in the G1 Test and G1 Breeders' Cup Filly & Mare Sprint.

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