No Lasix No Problem? Kentucky Legislative Panel Says New Rule Is ‘Deficient’

by | 09.09.2015 | 6:38pm

The Kentucky Horsemen's Benevolent and Protective Association in a press release distributed on Wednesday said the Kentucky legislature's Administrative Regulation Review Subcommittee on Tuesday voted that regulation adopted in March by the Kentucky Horse Racing Commission to permit “Lasix-free” races is deficient.

A spokesperson for the Kentucky Horse Racing Commission said the vote means the committee has determined the regulation “does not meet statutory authority or legislative intent and is therefore 'deficient' and wrongfully promulgated.”

A notice of “deficiency” is attached to the administrative regulation and it is sent to Gov. Steve Beshear, the KHRC spokesperson said.

“The governor then decides whether the administrative regulation should go into effect, whether the agency should amend the administrative regulation or whether the agency should withdraw it. If the agency withdraws an administrative regulation, then all action stops. If the governor decides that the administrative regulation should go into effect despite the finding of deficiency, the administrative regulation goes into effect upon receipt of the governor's determination by the regulations compiler of the LRC (Legislative Research Commission).”

Following is the Kentucky HBPA press release:
The Administrative Regulation Review Subcommittee (ARRS) voted late Tuesday, September 8, that the Kentucky Horse Racing Commission (KHRC} regulation allowing racetracks the option to card Lasix free races is deficient.

Representative Denny Butler, citing safety and health concerns for both jockeys and equine athletes, called for the vote. The non-partisan committee voted 6 to 2 that the regulation is deficient.

Representative Mary Lou Marzian, co-chair of the ARRS, suggested to KHRC representatives appearing before the committee that the regulation be deferred pending a decision by the Kentucky Attorney General on the constitutionality of the regulation.

The KHRC spurned that suggestion. The ARRS then voted to find the regulation deficient.

At a previous meeting of the ARRS, the regulation was deferred and Senator Ernie Harris, co-chair of the ARRS, recommended that the parties seek an opinion from the Kentucky Attorney General. The Kentucky HBPA, in conjunction with the National HBPA, filed a request for the opinion. That request is still pending.

“We sincerely appreciate the efforts of the ARRS committee,” commented Rick Hiles, President of the KHBPA. “We provided a tremendous amount of information regarding horsemen's concerns with the regulation. They listened and asked relevant questions of both the KHRC and the Kentucky and National HBPAs.”

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