It will take an attorney general's opinion to clear up whether the state Racing Commission can legally use money from its breeders fund to supplement purses at live races, state auditors say.

Legislators had asked auditors to settle the question. Some lawmakers have pointed to the practice as one reason for abolishing the Racing Commission and transferring its duties to the state Gaming Commission.

The matter might become moot. The commission's new chairman, H. Patrick Weir Sr., told an interim legislative committee last week that the group will end the practice.

Weir also said the commission must take aggressive steps to save horse racing in the state, including seeking more support for tracks from the cities of Belcourt and Fargo. The commission also must heal longtime rifts with horsemen, he said.

- Associated Press