Regulatory Analysis
Kentucky Info
KRS Chapter 230 & the Kentucky Horse Racing and Gaming Corporation
Statutory Authority
Kentucky's Regulatory Framework
The Kentucky Horse Racing and Gaming Corporation (formerly the Kentucky Horse Racing Commission) does not provide a single statutory definition of "horse racing." Instead, Kentucky law grants the Commission broad authority to regulate "horse racing" and pari-mutuel wagering on horse races, leaving the details to administrative regulations.
Key Statutory Authority — KRS Chapter 230
The key statutory authority is found in KRS Chapter 230, which authorizes the Commission to:
Regulate the conditions under which horse racing shall be conducted in Kentucky and prescribe necessary and reasonable administrative regulations and conditions under which horse racing at a horse race meeting shall be conducted in this state.
Practical Definition
How Kentucky Defines a Horse Race
Based on Kentucky's statutes and regulations, a horse race is generally understood to be: a contest in which two or more horses compete against one another over a prescribed course or distance, under rules established by the Kentucky Horse Racing and Gaming Corporation, with the order of finish determining the winners and, where authorized, the distribution of pari-mutuel wagering pools.
Notably, Kentucky law does not define horse racing by breed. While there are separate regulatory chapters for Thoroughbreds, Standardbreds, Quarter Horses, and other racing categories, the Commission's underlying statutory authority is to regulate horse racing generally.
Why This Matters
Why This Matters for Indian Relay Racing
This distinction is important because it supports an argument that IRR need not be expressly named in the statute if it satisfies the essential characteristics of a horse race:
- Horses compete against one another.
- The competition occurs over a defined course.
- The outcome is uncertain.
- Winners are determined by the order of finish.
- The event can be conducted under Commission rules that ensure safety, integrity, and pari-mutuel wagering.
Under this reasoning, IRR could be viewed as another discipline of horse racing, much as Quarter Horse, Arabian, and Standardbred racing are different disciplines rather than different legal concepts of racing.
In short: Kentucky law regulates "horse racing," not merely "Thoroughbred racing." Unless a statute expressly limits the Commission's authority to specified disciplines, the Commission may have authority to recognize a new racing discipline by regulation rather than requiring the General Assembly to enact new legislation. That question would ultimately depend on the Commission's interpretation of its enabling statutes and any applicable administrative law principles.