HHR Bill Could Reach Kentucky Governor's Desk Next Week

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Photo: Ryan Hermens/Lexington Herald-Leader
Kentucky Gov. Andy Beshear

Legislation protecting historical horse racing games could be on the Kentucky governor's desk next week, Gov. Andy Beshear said Feb 16 at the start of a virtual meeting of the Kentucky Horse Racing Commission. 

Senate Bill 120, which updates the state's definition of pari-mutuel wagering to specifically include HHR games, was approved by the Kentucky House of Representatives Feb. 11 after gaining State Senate approval Feb. 9. However, Beshear said the bill could not be enrolled yet because the Senate recessed on Thursday.

"With the news today that they're not coming back this week it looks like it's going to be all the way into next week. That's regrettable," he said. "I was certainly here in the building on Thursday night. I know it's something that we would have all liked to avoided. But we did get the bill through and my commitment—and I'll make it today publicly—I will sign that bill as fast as it reaches my desk."

Several Representatives who were on the fence but voted in favor of HHR said they would push for an increased tax.

ANGST: KY House Approves HHR, Gives Industry Solid Footing

"This is a win for the entire Commonwealth, for our economy, and for those who depend on the industry to provide for their family. It strengthens our signature Thoroughbred horse racing industry. And during the crafting of this legislation, our major horse racing tracks also committed to enacting a more fair and equitable tax structure," Beshear said. "It took that promise to get it through and we're going to hold everyone to that promise. I appreciate those in the industry that made that commitment in written form, and it's something we need to get done before our legislature leaves. After watching what it took to get 120 through, I believe that we can all sit down, figure out what works, and what's fair so that we have a future with a thriving industry, and also a thriving state that can provide for its people in so many ways."

Additional Commission News …

The commission approved Tuesday to remove the current seven-day withdrawal guideline for Fluphenazine and instead recommend pre-race clearance testing for any horse that has been administered Fluphenazine in the past six months. 

"Fluphenazine is an anti-psychotic drug, which I think has long been considered a long-acting tranquilizer in horses," said Dr. Bruce Howard, KHRC equine medical director. The Association of Racing Commissioners International lists Fluphenazine as a Class 2 drug with a Class B penality.

"With modern testing procedures being used this drug can be detected for much longer periods," Howard added. "The very small amount of data I have been able to find suggests that this drug persists for weeks in the horse. Information which I received from the California Horse Racing Board suggests persistence for even months."

Howard noted other equine organizations recommend a withdrawal time of 45-90 days before competition, but said he did not believe there was a credible study available to make a good withdrawal recommendation at this time.

The commission also ratified executive director Marc Guilfoil's conditional approval of Kentucky Downs' request to expand its license premises to include an extension facility contingent upon Gov. Beshear signing SB120. The proposed facility would be within 60 miles of Kentucky Downs, would not be within 60 miles of another association racetrack, nor within 40 miles of another simulcast facility. It would offer simulcast wagering along with exotic wagers that are to be determined. A location for the extension has not yet been chosen.