Racing commissioner tells lawmakers he never knew they had any concerns over instant racing machines

The last person to testify at this morning’s portion of the hearing on SB 1011, the bill to eliminate instant racing in Idaho, was Idaho Racing Commission member Fred Snook of Salmon, an attorney and former magistrate judge who has served on the commission since 2013. He stunned the lawmakers by telling them he never had any idea the Legislature had a problem with the machines – though lawmakers held contentious hearings last January on rules for implementing the 2013 law they passed at the behest of the Racing Commission. “Nobody in the Senate or anywhere else contacted the state Racing Commission to say there’s some problem with this … we want you to address it,” Snook said. “We meet every three months. … If there’s problems with this, somebody just needs to come forward and contact us.”

Rep. Lynn Luker, R-Boise, said, “I was surprised at your statement that you didn’t know there was an issue and no one had contacted you, and yet last year we had a very vociferous hearing about the meaning of ‘instant racing’ vs. ‘historic horse racing.’ Can you explain that to me, why you didn’t know there was an issue?” Snook responded, “I live in Salmon, Idaho, I don’t get the Boise Statesman, we meet every three months, I practice law full-time every day, I have a hundred different things to do. … I’m not even aware of what you’re talking about last year. I apologize, sir, but no I did not know that.”

Luker responded, “In light of that, Mr. Snook, can we assume that Mr. Lamb did not report back to your commission on these issues?” Former Racing Commission executive director Frank Lamb, who abruptly retired Jan. 30 after news came out that he also was a paid lobbyist for instant racing in Wyoming, was the one who appeared at last year’s legislative hearing on the rules. Snook said, “I have no memory … of talking about that.”

Committee Chairman Tom Loertscher, R-Iona, asked Snook why the Racing Commission authorized instant racing machines at the Double Down Betting Bar in Idaho Falls without first getting approval from the local county commissioners, as the law requires when betting is moved off-track. “I’ve verified this with the county commissioners,” Loertscher said. “As far as the approval of that, there is no minute entry, there is no vote taken by the county commissioners on this issue, never any public hearing. All there is is a letter saying we don’t care if they’re in Idaho Falls.”

Snook responded, “We understood that they had that permission. From what you told me, it doesn’t seem that they have it in the proper form that you’ve described. But we believed that they did have that, sir.”

Rep. Gayle Batt, R-Wilder, told Snook, “I was really concerned that you weren’t even aware there was a concern here. We met on Jan 21 of last year, and Director Lamb was very well aware of the concerns. I’m really starting to question how much of the information and concern we had here at the Legislature was even brought to the Racing Commission,” which had the decision-making authority.

The hearing will resume at 4 p.m.