Lawmaker Threatens to Defund Idaho Racing Commission

Whether the Idaho Racing Commission can reestablish instant horse racing terminals by administrative decree when the legislature banned them last week may set the state for a constitutional confrontation. The Senate President Pro Tem is warning Governor C.L. “Butch” Otter (l.) not to trifle with the legislature.

The Idaho Senate President Pro Tem, Brent Hill, last week intimated that the legislature might defund the Idaho Racing Commission if it continues down the path of reviving instant horse racing terminals administratively when the legislature killed the machines last year.

The Senate leader sent Governor C.L. “Butch” Otter an email last week that included a link to a news report of the Texas legislature defunding its state racing commission after it introduced such machines without approval of lawmakers. He asked the governor if he wanted a “showdown” over the matter.

The machines, which allow bettors to wager on historically races where the names have been cleared away and only the statistics remain, are seen by Idaho racetracks as key to staying alive.

Two years ago, the legislature approved a bill legalizing the machines, only to change its mind under pressure of the state’s gaming tribes who complained that the machines mimicked slot machines too closely. The governor vetoed the bill, but wasn’t fast enough on the draw and missed the constitutionally imposed deadline for a veto. The state Supreme Court upheld the bill, which became law.

Since that time racing has started to leave the state and move to Wyoming and Oregon, where the laws are more friendly to racetracks.

Now, apparently, Otter is trying a different route. The commission has discussed the idea of approving of the machines administratively. It could approve of such a rule temporarily, although the rule would still need legislative approval to be long-term.

Otter told lawmakers he hasn’t seen the rule proposed by the commission, but argues that something should be done to help the racetracks. He feels that the state’s Western Culture is on the line but denies that he is trying to go around the lawmakers.

His spokesman Jon Hanian tried to clarify that position: “The governor is interested in kick-starting a conversation But that’s all this is so far.”

Hill responded by saying that he is concerned with the issue of separation of powers. He told the Spokesman-Review: “This is no longer about instant racing. This is about protecting the constitution. The governor has a cause he feels strongly about. But I just caution, though, about not getting ahead of the process.”

Meanwhile representatives of the state’s racing groups are asking the commission to approve of the rules. John Sheldon, who operates Les Bois, the state’s largest racetrack told the commission last week that it has the authority to allow the machines.

Two legislators who attended the commission didn’t offer comment when asked to do so by the panel and left before the meeting ended. It may be significant, however, that the two are chairmen of the House and Senate State Affairs panel, which oversees the racetrack industry.

One of the commissioners, Fred Snook, commented: “I am hopeful we can reach a middle ground with the Legislature. We haven’t had much communication. The main purpose of today’s meeting was to get started on that plan.”