Request By:
Mr. Carl B. Larsen
Supervisor of Racing
Kentucky Harness Racing Commission
1051 H. Newtown Road
Lexington, Kentucky 40511-1278
Opinion
Opinion By: Steven L. Beshear, Attorney General; Sarah M. Jackson, Assistant Attorney General
I am writing in response to your letter of October 12, 1983 in which you requested an Opinion on the issue of whether, in the event racing dates are not granted to Audubon Raceway, the Standardbred Development Fund may stage a total of merely twenty-four (24) races at the remaining three (3) licensed Kentucky tracks. It is readily apparent that, under KRS 230.770, such a course of action would indeed be permissible.
It should be noted at the outset that the fact that the Kentucky Standardbred Development Fund may previously have advertised that races will be staged at four (4) Kentucky pari-mutuel tracks can in no way be viewed as binding under the circumstances which you have presented. If one (1) of the four (4) tracks at which races were to be staged is not, in fact, awarded racing dates, then the Kentucky Standardbred Development Fund is obviously precluded from staging races at the track in question. Such an intervening factor would render the staging of races at four (4) tracks an impossibility.
KRS 230.770 provides that money from the Kentucky Standardbred Development Fund [hereinafter "Fund"] is to be distributed to licensed race tracks within the Commonwealth of Kentucky for the exclusive purpose of promoting races and providing purses ". . . for races conditioned to admit only standardbred colts and fillies sired by standardbred stallions standing within the Commonwealth of Kentucky." KRS 230.770(3). KRS 230.770(4) specifically charges the Kentucky Harness Racing Commission with the following duties: fixing the amount of money to be paid from the Fund to be added to the purse for each such race, fixing the dates and conditions of such races to be held at licensed racetracks; and adopting rules and regulations necessary to carry out the foregoing provisions. KRS 230.770(4).
Additionally, KRS 230.770(6) gives to the Kentucky Harness Racing Commission all powers necessary to carry out the program created in KRS 230.770 ". . . in a manner best designed to promote and aid in the development of the standardbred horse industry in Kentucky." KRS 230.770(6).
Furthermore, 811 KAR 1:200, which deals with administration of purses and payments, provides that the "Fund" will be distributed by the Kentucky Harness Racing Commission ". . . on an equitable basis to promote the purposes expressed in KRS 230.770." 811 KAR 1:200, Section 13. The aforementioned section directs that the Kentucky Harness Racing Commission shall each November make provisions for the upcoming year's distribution of funds for stake races. 811 KAR 1:200, Section 13.
In view of the fact that KRS 230.770(4) gives the Kentucky Harness Racing Commission the power to fix the dates and conditions of the Fund races to be staged, and further in view of the fact that 811 KAR 1:200, Section 13, directs that the Kentucky Harness Racing Commission shall annually make provisions for the distribution of funds for stake races, it is exceedingly evident that the Fund, if suddenly faced with the situation where only three (3) tracks are to be awarded racing dates, may stage twenty-four (24) races, staging eight (8) races at each of the three (3) tracks which has been granted racing dates.