Senate to debate instant racing

BOISE - A bill seeking to outlaw Idaho's slot-like betting machines is on its way to the Senate floor despite racetrack representatives' protests that tracks will close without the machines.

The Senate State Affairs Committee endorsed legislation Wednesday to repeal historical horse racing, known as instant racing, in Idaho. Instant racing takes place on a betting terminal that allows people to bet on a horse race that happened in the past, with no identifiable information given.

The legislation is being backed by the Coeur d'Alene Tribe and lawmakers who felt like the information presented in 2013 - when instant racing was approved in Idaho - didn't contain all the facts.

"I cannot escape the fact that these are electronic simulations of slot machines," said Sen. Eliot Werk, D-Boise. "I cannot escape that these machines don't appear to be allowed under the Idaho Constitution. I sympathize with the impact that that has with Idaho racing, I cannot escape it."

The legislation has induced a panic among horse racing representatives and racetrack owners who argue the money collected from instant racing is vital to reviving their dying industry. Horse racing has been on a steady decline over the years as other forms of gambling have gained popularity.

Racetrack owners from across the state testified opposing the bill, saying they have invested thousands of dollars to purchase instant racing terminals and are still waiting to turn a profit. If the repeal bill survives the Legislature and is signed by the governor, racetrack owners would have to remove the machines by July 1.

Three of Idaho's eight racetracks currently have instant racing machines. Roughly 250 terminals have been installed since the law passed two years ago.

"Historical racing in Idaho has passed the tests and satisfied the audits," said John Sheldon, president of Treasure Valley Racing, which operates Les Bois Park just outside Boise. "I urge you to focus on the test results and audits provided by the Idaho State Racing Commission ... Give us an opportunity to continue working to save the horse racing industry in Idaho."

Lawmakers listened to six hours of testimony, primarily from representatives from breeder associations, jockeys, racetrack owners and instant racing developers. Testimony ranged from tearful to accusatory, calling out lawmakers for considering repealing a law that would punish business owners.

"I did support the previous legislation," said. Sen. Todd Lakey of Nampa. "I do feel what was represented was not installed. Call it creative marketing, call it whatever you want - you cannot justify making it like a slot machine."

Deputy Attorney General Brian Kane told the senators that his office was asked to provide a legal opinion on the machines in 2012. However, the instant racing terminals the attorney general's office deemed legal are not the ones installed today, Kane said.

"The true question here is a policy question: 'Is this the gambling you intended to occur?'" Kane said. "Is this the gambling that you intended to occur? To me, that's a question that you can only evaluate individually and through consultation with your constituents and constituent groups. It's not necessarily the hard science of what the machine holds."