KRS § 230.377 — KY Code / Title XIX / Chapter 230 / Section 230.377
230.377 Award of simulcasting and intertrack wagering dates
Status: in_force

230.377 Award of simulcasting and intertrack wagering dates.

(1) Other provisions of the Kentucky Revised Statutes notwithstanding, a track may

apply to the corporation for simulcasting and intertrack wagering dates.

Applications shall be submitted in accordance with KRS 230.300. The corporation

shall not approve the establishment or relocation of a receiving track within a radius

of seventy-five (75) miles of a race track duly licensed as of July 15, 1992, without

the prior written consent of the licensed track within whose seventy-five (75) mile

radius the new receiving track would be located.

(2) On or before November 1 of each year, the corporation shall meet and award

intertrack wagering dates to all tracks for the entire succeeding calendar year. In a

geographic area containing more than one (1) track within a fifty (50) mile radius of

another track, intertrack wagering, except for quarter horse racing, shall be limited

to simulcasting and wagering on racing of the same breed of horse as the receiving

track was licensed to race on or before July 15, 1998.

(3) The corporation shall approve no more than nine (9) tracks for participation in

horse racing, intertrack wagering, and simulcasting. Any approval by the

corporation of a change in location of these tracks shall be subject to the local-

approval process contained in KRS 230.380.

(4) A track may by administrative regulation be required to simulcast its races to one

(1) or more receiving tracks approved for simulcasting and intertrack wagering, as a

prerequisite for the issuance of a license pursuant to KRS 230.300, provided that:

(a) Each track shall be permitted to exempt one (1) day of racing from

simulcasting to both receiving tracks and simulcast facilities, at its discretion;

(b) Tracks in a county containing a city of the first class or a consolidated local

government and tracks in an urban-county government shall not be required to

simulcast to each other or to any other facility in those counties. This

provision shall not be construed as requiring tracks within the same county to

simulcast to each other; and

(c) In the absence of a contract between a host track and a receiving track, the

commission shall be split as provided for in KRS 230.378(3).

(5) A track may receive simulcasts and conduct interstate wagering thereon subject to

the following limitations which shall be in addition to the limitations set forth in

KRS 230.3771:

(a) A track licensed to conduct Thoroughbred racing may receive simulcasts and

conduct interstate wagering on all Thoroughbred horse races designated as

graded stakes races by the Graded Stakes Committee of the Thoroughbred

Owners and Breeders Association, Inc., without further consents or approvals.

(b) A track licensed to conduct harness racing may receive simulcasts and

conduct interstate wagering on all harness horse races (both final and

elimination) having a final purse in excess of seventy-five thousand dollars

($75,000) without further consents or approvals.

(c) A track licensed to conduct quarter horse racing may receive simulcasts and

conduct interstate wagering on all quarter horse races designated as graded

stakes races by the graded stakes committee of the American Quarter Horse

Association, without further consents or approvals.

(d) A track which applies to the corporation to receive an interstate race of a

different breed than the breed for which it is licensed by the corporation shall

receive any simulcast of an interstate race through the intertrack wagering

system upon approval by the corporation. Notwithstanding the foregoing, a

track licensed to conduct horse racing may receive simulcasts and conduct

interstate wagering on quarter horse races, subject to the limitations of KRS

230.3771.

(e) A track may receive simulcasts of special event races conducted in other

states or foreign countries which are determined by the corporation to be of

sufficient national or international significance or interest to warrant interstate

wagering and if the simulcast of these races has been approved by the

Kentucky Thoroughbred Owners and Breeders Association, Inc., the

Kentucky Division of the Horseman's Benevolent and Protective Association,

for Thoroughbred races, and the Kentucky Harness Horsemen's Association

for harness racing, and any track conducting live horse races of the same

breed at the same time as the simulcast race.

(f) A track may also receive simulcasts and conduct interstate wagering on

Thoroughbred horse races other than those described in paragraphs (a) and (e)

of this subsection if the simulcast of these races has been approved by the

Kentucky Thoroughbred Owners and Breeders Association, Inc., and the

Kentucky Horsemen's Benevolent and Protective Association, for

Thoroughbred races, and the Kentucky Harness Horsemen's Association, or

its successor, for harness racing.

(g) The consent required by paragraph (f) of this subsection or by subsections

(1)(g) and (2)(g) of KRS 230.3771 shall not be withheld:

1. For any reason not specifically related to financial harm to live horse

racing; or

2. As a condition to the granting of any contractual or other concession not

specifically related to the effects of interstate simulcasting on live horse

racing in this Commonwealth, taken as a whole.

(h) A host track located in this state may receive simulcasting of not more than

two (2) full cards of racing from another state, if both tracks race horses of the

same breed and if:

1. The race date was previously granted by the Kentucky Horse Racing

and Gaming Corporation to conduct live racing at the track located in

this state;

2. Live racing was canceled due to weather conditions; and

3. The consent required by paragraph (e) of this subsection is obtained.

(i) The in-state track receiving the simulcast specified in paragraph (h) of this

subsection shall offer that simulcast to all participating tracks and simulcast

facilities in the intertrack wagering system.

(j) All interstate simulcasting shall be conducted in accordance with applicable

federal laws.

(6) The corporation may promulgate necessary and reasonable administrative

regulations for the purpose of administering the conduct of intertrack or interstate

wagering and regulating the conditions under which wagering shall be held and

conducted. Administrative regulations shall provide for the prevention of practices

detrimental to the public interest and to impose penalties for violations. All

administrative regulations shall be in conformity with the provisions of KRS

Chapter 13A, KRS 138.510, and this chapter.