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HHR Bill With Support of Kentucky Senate President to be Filed Feb. 2

A Kentucky State Senator whose district includes Turfway Park said Thursday that he intends to file legislation and hold a hearing next week to make historical horse race (HHR) gaming legal, “maintaining the status quo” for the revenue flow that annually contributes tens of millions of dollars to purses in the state.

“Next week, I will file legislation to keep historical horse racing operational in Kentucky,” Senator John Schickel (R-Union) stated in a Jan. 28 press release first published by WTVQ.com. “The bill, which I am pleased to say will be co-sponsored by Senate President Robert Stivers, will address the recent Kentucky Supreme Court decision on pari-mutuel wagering and ensure that historical horse racing facilities are able to continue operating, while employing Kentuckians, generating state tax revenue and strengthening our signature equine industry.

“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. 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.

“I have long supported Kentucky's equine industry and recognize the importance of historical horse racing to its continued success. This issue is of particular importance in my district with the future of Turfway Park potentially in the balance, but if left unaddressed, the negative consequences are sure to impact the entire state. I look forward to working with my colleagues in General Assembly to address the clear legislative direction provided by the Kentucky Supreme Court,” Schickel concluded.

Schickel's statement did not disclose any specifics of the bill.

According to kentuckytoday.com, Schickel later added that he plans to file the bill Feb. 2, the first day lawmakers are back in session, and that it will have a hearing in the Senate Licensing and Occupations Committee, of which he is the chairman, on Feb. 4.

In a Sept. 24, 2020, judgment, the Supreme Court ruled 7-0 that HHR machines made by Exacta Systems do not “create a wagering pool among patrons such that they are wagering among themselves as required for pari-mutuel wagering.” The ruling also told a lower court to re-examine the legality of the most crucial form of funding for purses in Kentucky.

Although the Supreme Court case only involves HHR machines made by Exacta Systems, whose machines are in use at the Red Mile, Kentucky Downs and Ellis Park, the gaming systems operate in broadly the same manner throughout Kentucky, meaning that a precedent established for one version is likely to affect all forms of HHR. Anti-gambling advocates in Kentucky have challenged the legality of HHR since the inception of that form of gaming.

On Jan. 21, the Kentucky Supreme Court denied a petition for rehearing its September judgment, creating an apparent dead-end to the case in the courts.

Three days later, on Jan. 24, Keeneland Association and Red Mile announced they would be shutting their joint historical horse racing (HHR) venture at the Lexington harness racino while imploring the Kentucky legislature to provide “more clarity” regarding the disputed legal status of HHR.

On Jan. 26, Vince Gabbert, Keeneland's vice president and chief operating officer, said that “the measures that we took over the weekend have helped bring the urgency even more to the forefront than what we had so that the legislature understands the impact that not only racing, but HHR has on the economy in the commonwealth.”

Gabbert termed the HHR closure a “conservative” decision. It stands out because HHR venues operated by other licensees have remained operational in Kentucky.

Also on Jan. 26, Ellis Park general manager Jeffery Inman warned in a statement that “Without the revenue associated with HHR, there is no realistic path forward for Ellis Park.”

Turfway Park is currently conducting spectator-free live racing with simulcasting and HHR gaming proceeding at its satellite facility 12 miles away in Newport. But back in October, Churchill Downs Inc., (CDI), the gaming corporation that owns the tracks and HHR licenses associated with Churchill Downs Racetrack and Turfway Park, halted reconstruction on the Turfway grandstand it demolished a year ago, vowing not to continue with the planned rebuild until HHR's legality gets sorted out.

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Turfway Operator Error Led to Pavement Chunks in New Tapeta Surface

Human error on the part of a heavy equipment operator at Turfway Park has been identified as the cause of several chunks of pavement being discovered in the recently installed Tapeta Footings synthetic track at Turfway Park that just opened for racing in December.

During the Jan. 26 Kentucky Thoroughbred Development Fund (KTDF) advisory board meeting, Tyler Picklesimer, Turfway's director of racing and racing secretary, was asked to update the board on how the new Tapeta surface was performing.

Picklesimer told the board members via teleconference that, “We've had no complaints. Everybody's been happy with the surface. It's performed well within the cold, actually better than the Polytrack did in severe cold weather. But no, so far so good–everybody's happy.”

Bill Landes III, the chairman of the KTDF advisory committee, then asked Marty Maline, the executive director of the Kentucky Horsemen's Benevolent and Protective Association (KHBPA), if that assessment squared with the general consensus of his organization's membership.

Maline responded by saying, “The horsemen are just elated with the surface [and] its drainage. It's running really true to form.”

But then Maline added: “We had a little hiccup about a week or so ago. A horseman actually brought a couple of rocks [from the racing surface] in to the office, and it, of course, started a panic of sorts.

“But right away the [Turfway] track man explained that when they were actually getting the surface into the front-loader [when installing it], they actually had chopped off a couple of pieces of blacktop,” Maline said. “And so it was a very limited situation.”

Maline said that right after the discovery, KHBPA board member Bill Connelly walked the circumference of the one-mile oval to inspect it, adding, “at about 15 F degrees, [he's] a stronger man than I am.”

Maline said after that inspection, “there was about two or three of these pieces of blacktop, and they were taken care of. [Tapeta Footings executives Michael Dickinson and Joan Wakefield] came in and reviewed it, and explained it wasn't the bottom, because the bottom is all [a different type of uniform-sized] rocks. And so everything died down. There wasn't any real problem with it.”

Maline closed out the subject by reiterating his overall positive impression that the Tapeta track has “been a godsend, really. It's a great surface.”

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Turfway Park Posts 34.6 Percent Handle Increase In December Despite Three Fewer Race Dates

Turfway Park in Florence, Ky. delivered positive results in wagering and average field size during its 13-day Holiday Meet, which wrapped up a five-week run on Dec. 31.

Despite three fewer race dates compared to 2019, all-sources wagering at Turfway Park soared to $32.3 million, an $8.3 million jump and 34.6 percent increase from last year's $24.0 million. The average daily handle skyrocketed 65.6 percent from $1.5 million in 2019 to $2.48 million in 2020.

The average starters per race grew from 10.3 horses in 2019 to a strong 10.5 this year, which produced highly competitive racing over the track's newly-installed Tapeta synthetic surface. Installed during the summer of 2020, the new Tapeta surface has received positive reviews from horsemen and jockeys alike and has proven to be a fair and rewarding surface for horseplayers.

Gerardo Corrales (53-15-8-4—$226,928), who has ridden in the U.S. since 2015 after graduating from the Laffit Pincay Jockey Training Academy in his native Panama, earned his first Turfway Park riding title with 15 wins, four more than runner-up Albin Jimenez (56-11-9-4—$199,469). They were followed in the jockey standings by top money-earner Rafael Bejarano (60-10-14-10—$234,511), Chris Landeros (42-9-8-6—$219,045) and Santiago Gonzalez (35-7-5-2—$100,949).

Bill Morey (21-6-3-2—$127,900), who relocated to Kentucky from California last year, was the top trainer with six wins – one more than Wesley Ward (20-5-3-2—$101,169) – and also led all trainers in money-won. There was a five-way tie for third between Mike Maker (37-4-5-5—$97,508), Kenny McPeek (11-4-2-0—$78,879), Brad Cox (11-4-0-2—$78,430), Genaro Garcia (19-4-2-1—$58,045) and John Ortiz (11-4-0-0—$42,844).

Ten owners had two winners, including top money earner Gladys Campos' Campos Family Ventures LLC (8-2-3-0—$44,785).

Two horses won twice during the five-week stand: Prairie Bayou Stakes winner Set Piece (GB) (2-2-0-0—$41,740) and low-level claimer Drink (2-2-0-0—$12,600).

The Winter/Spring Meet at Turfway Park began Jan. 1 and will continue through March 28. Racing is conducted on a Thursday-Saturday schedule, although there is a special Wednesday, Jan. 6 program. The first race is 6:15 p.m. (all times Eastern) and most programs feature eight races. All Turfway Park races can be watched and wagered on TwinSpires.com, the official advance-deposit wagering service for Churchill Downs Incorporated and its family of racetracks.

With increased interest by Kentucky horsemen and Churchill Downs Incorporated's investment and redevelopment of Turfway Park to enhance winter/spring racing on the Kentucky circuit, Turfway Park's Winter/Spring Meet features a nine-race, $1.045 million stakes schedule, including four stakes that will offer points on the Road to the Kentucky Derby and Road to the Kentucky Oaks.

The $250,000 Jeff Ruby Steaks (Grade 3) for 3-year-olds at 1 1/8 miles has been repositioned to Saturday, March 27 and will offer 170 points on the Road to the Kentucky Derby (Top 4 Points: 100-40-20-10). Additionally, the $100,000 John Battaglia Memorial at 1 1/16 miles on Friday, Feb. 26 has been added as a “Prep Season” race (Top 4 Points: 10-4-2-1).

The $150,000 Boubonette Oaks for 3-year-old fillies at one mile on March 27 will feature 85 points on the Road to the Kentucky Oaks (Top 4 Points: 50-20-10-5) and its prep race, the $65,000 Cincinnati Trophy at 6 ½ furlongs on Friday, Feb. 26 will be worth 17 points (Top 4 Points: 10-4-2-1).

As was the case during the Holiday Meet, Turfway Park's wagering menu will feature a 15 percent takeout 50-cent Pick 5 that starts in Race 1 each night as well as the 15 percent takeout 20-cent Single 6 Jackpot on Races 3-8. There are two 14 percent takeout 50-cent Pick 4 sequences on each card with the first offered on Races 2-5 and the second on Races 5-8.

Established in 1959 as Latonia, Turfway Park is a Thoroughbred racetrack in Northern Kentucky. The track hosts live racing from late fall through early spring, maintaining the winter dates for Kentucky's year-round live racing circuit, and offers simulcast wagering year-round. Turfway Park recently installed a new all-weather Tapeta synthetic racing surface in 2020 for live racing and has been home to the Jeff Ruby Steaks and Bourbonette Oaks, qualifying races for the Kentucky Derby and Kentucky Oaks, respectively. Turfway Park was purchased by Churchill Downs Incorporated in October 2019.

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Numbers Up at Turfway’s Holiday Meet

Northern Kentucky’s Turfway Park wrapped up a five-week holiday meet Dec. 31 with increases in wagering, average daily handle, and field size. All-sources wagering for the meet was up to $32.3 million, a 34.6% or $8.3-million increase from last year in spite of three fewer race dates. The average daily handle of $2.48 million was up 65.6% from the previous year’s number of $1.5 million.

In addition, average field size grew slightly from 10.3 starters per race to 10.5. A new Tapeta surface was installed last summer.

Jockey Gerardo Corrales earned his first Turfway riding title with 15 wins during the holiday meet. Other leaders included Bill Morey as top trainer with six wins and owner Campos Family Ventures LLC, who tied the leading owner standings with two winners but led in earnings.

Turfway’s winter/spring meet began Jan. 1 and continues through Mar. 28.

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