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The horse business is Kentucky’s signature industry, employing tens of thousands of people, generating over a billion dollars of revenue throughout the year, and putting the international spotlight on the Commonwealth each spring at the Kentucky Derby. Yet, in many ways, legislators and other government officials have been dealing with the industry almost as an afterthought.

Tax breaks given to lesser industries have not been granted to farmers whose agricultural product happens to be a horse instead of a cow. Kentucky’s legislature was late to the party to create an incentive fund to reward breeders for doing business in the Bluegrass State rather than shipping their breeding stock (and jobs) out of state where more lucrative incentives have been created. And now, one of the most troublesome challenges the racing industry faces – questions about the integrity of the sport and its pari-mutuel wagering foundation – has been hampered by ongoing budgetary shortfalls at the state agency that regulates racing.

Simply put, the integrity of racing in Kentucky is being jeopardized by indifference by some at the legislative and executive level to properly fund the Kentucky Horse Racing Commission.

The problem goes back nearly eight years ago to the administration of Gov. Paul Patton, who cut $1 million dollars – nearly one-third – out of what was then known as the Kentucky Horse Racing Authority. Frank Shoop, then the chairman of the regulatory body, told the Paulick Report he thought the cuts were temporary and would be restored; they weren’t. Instead, the Racing Authority began assessing racetracks as much as $3,500 a day to pay for many of the functions that would previously have been funded by the state. “It’s so important to the signature industry of the state,” Shoop said. “They should have proper money to regulate the industry: transportation, insurance and other departments have proper regulatory budgets. This department has been short of money and short of money for years.

“I don’t know what the proper funding action should be,” Shoop added, “but something needs to be done that the legislature and governor can agree on.”

If something isn’t done, the Kentucky Horse Racing Commission will run out of money by Jan. 1, according to Tracy Farmer, a Thoroughbred owner and breeder and high-level operative in the Democratic Party that helped elect Gov. Steve Beshear last November. Farmer was named by Beshear to the current horse racing commission, where he serves as vice chairman, and is heading up a special Task Force on the Future of Horse Racing examining numerous issues related to racing and breeding.

Farmer told the Paulick Report that Kentucky’s General Assembly had $2 million set aside for the racing commission for the current fiscal year but they subsequently “raided our accounts to balance the (state) budget.” Farmer said he and others are looking at ways to fund the commission through such revenue items as the tax on claiming horses, which he estimated generates $2 million per year. “Money is being generated that’s not being put back into the industry,” Farmer said. “We’re looking at several different methodologies and will recommend one of them. This is the largest industry in the state. We have to fund the people who oversee it.”

State Sen. Damon Thayer, a Republican from Georgetown and a consultant in the racing industry who helped create the breeders’ incentive fund through existing revenue drawn from the tax on stallion seasons, pushed for legislation that would have Kentucky’s General Fund provide for the commission’s budget. That legislation failed, Thayer said, despite bi-partisan efforts to get it passed.

“The racetracks are struggling, the commission is without money, and the state is in a budget crisis,” Thayer said. “We need more money for the commission to have boots on the ground to do their job. And we were saying this before Eight Belles and Big Brown.” 

The death of Eight Belles in this year’s Kentucky Derby and the admission by trainer Rick Dutrow that Derby winner Big Brown raced on anabolic steroids (then legal) has prompted an outcry for tighter regulations, stricter medication rules, and more comprehensive drug testing. Anabolic steroids have recently been banned in Kentucky and several other states, and that ban requires additional testing be added to the existing drug testing program.

Thayer plans to introduce new legislation during the next session of the General Assembly.

“What needs to happen is Gov. Beshear needs to get behind legislation drafted by Sen. Ed Worley (D-Richmond) and me that would set up a reliable, recurring source of revenue for the racing commission so the tracks do not pay for drug testing and their own regulation. The racing commission needs to be funded by the pari-mutuel excise tax so we can expand drug testing to a respectable level.”

According to Thayer, the pari-mutuel tax currently helps fund the Kentucky Thoroughbred Development Fund, equine drug research and the University of Louisville’s equine business program.

The lack of funding came to a head at a recent meeting of the Kentucky Horse Racing Commission when it was disclosed testing was not conducted for performance-enhancing milkshakes (TCO2 levels or bicarbonate loading) at Ellis Park this summer because of a personnel shortage. Since that disclosure, the commission’s chief veterinarian resigned his position.

“We were shocked to learn that no testing was conducted,” said Farmer.

It may have taken weeks for commission members to learn that there was no testing for milkshakes, but trainers probably knew instantly, permitting cheaters to prosper. The absence of testing shook the confidence of many horseplayers about whether the state is doing enough to stop performance-enhancing drugs from giving an edge to some trainers.

The racing commission’s executive director, Lisa Underwood, who was hired during the previous administration of Republican Gov. Ernie Fletcher, has plans to expand the size of the staff if funding is provided. She has submitted a plan to add investigators, state veterinarians and other full and part-time staff to better regulate racing and ensure its integrity.

Ed Martin, president of the Association of Racing Commissioners International, told the Task Force on the Future of Horse Racing when he became aware of how little was committed to Kentucky’s commission that he was “shocked at how low a priority the integrity of racing apparently was, especially considering how important the racing industry is to the state’s economy and identity.”

Martin compiled a study of how much is committed to integrity issues in other major racing states and found that Kentucky, “instead of being first, is last.”

His study showed Kentucky commits $7,692 per race day, less than half of the $17,948 committed by Florida for integrity enforcement. Martin said the Kentucky commission is sorely lacking investigators to monitor backstretch activities. Kentucky has two investigators, he said, compared with 14 in New York, 15 in Pennsylvania, 17 in Florida, and 18 in California.

“Perhaps the most glaring weakness in the funding can be seen in the fact that no resources have been dedicated to policing the pari-mutuel system,” Martin said.“Kentucky in the past has dedicated nothing in this area while other major racing states have made a considerable commitment in this area, not only in terms of staff, but to ensure that an independent computerized monitoring system is deployed to protect against past posting, odds manipulations, cyber crime, and larceny. In public forum after public forum, large bettors have expressed a growing concern about the lack of commitment to wagering security.

“While some states have committed as many as six people to wagering security and made arrangements for independent monitoring, Kentucky has yet to commit one.”

Many bettors are convinced the technology used in today’s pari-mutuel wagering system is archaic and able to be exploited by techno-savvy players who are making bets after the gates to a race have been opened. One member of the Kentucky Racing Commission who asked not to be named agreed: “There is no question people are betting after the horses are out of the gate,” he said. “They are somehow getting into the pool. It’s frightening.”

Copyright © 2008, The Paulick Report

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