Republican senators to offer constitutional amendments on gambling

State News

October 21, 2009

Ronnie Ellis The Richmond Register Wed Oct 21, 2009, 06:58 AM EDT

FRANKFORT — Two Republican state senators who have been in the thick of the debate about expanded gambling at racetracks said Tuesday they will offer separate constitutional amendments on expanded gambling in the next session of the General Assembly.

But proponents of expanded gambling, including the Democratic floor leader in the Senate and a representative of the horse industry, said the proposals will not help the industry and are politically motivated.

Republican Senate President David Williams, the legislature’s foremost critic of expanded gambling, will offer a constitutional amendment to require a vote by the public before any expansion of gambling can occur. It would not apply to the lottery which is already authorized by the constitution.

Sen. Damon Thayer, R-Georgetown, will offer a companion amendment which would allow voters to approve video lottery terminals in the seven counties where racetracks are located but would also require a local option vote in each county.

Senate minority leader, Sen. Ed Worley, D-Richmond, and Bill Farrish, the general manager of Lane’s End Farm and a spokesperson for the Kentucky Thoroughbred Association where Williams and Thayer explained their proposals Tuesday, rejected both proposals.

Gov. Steve Beshear, who supports legislation to allow slots at racetracks, called the proposals “a cynical maneuver” and said they “should be quickly rejected.”

The issue has divided the legislature for years but especially in the last two regular sessions and a special session this past summer. Beshear, who campaigned for governor on a platform calling for an amendment to allow voters to approve casino gambling but later switched to support a House bill that would allow slots at the tracks through simple legislation, and Williams have sparred repeatedly over the issue.

Williams said Tuesday the two amendments will allow voters to put the issue to rest and in the meantime, lawmakers can work on legislation to provide immediate help to the horse industry.

Williams’ proposal would require any further expansion of gambling to first pass muster with the state’s voters. He said that would remove the issue from the political arena and prevent gambling interests from using their financial clout to influence legislation.

Thayer’s amendment would ask voters to approve slots in counties where live racing presently takes place but it would also require voters in those counties to approve the slots.

Farrish said that would give out of state casino interests “two shots at defeating it with tens of millions of dollars they will put into it.”

Thayer’s bill would require competitive bidding for licenses which might be won by non-racing interests. It would guarantee $100 million or 25 percent of proceeds – whichever is larger – to the horse industry for purses, breeders’ incentives and marketing. Another quarter would go to the slots operator while the remaining 50 percent would go to the state to finance debt on bonding of infrastructure projects.

“I do believe this proposal can pass the Kentucky Senate,” Thayer said. But he said it will require “all or nearly all of the Democrats to support it.”

That won’t happen, Worley said.

“I’ve talked to every member of our caucus except for one and they are not interested in a constitutional amendment in 2010 that is proposed by Republicans but takes 17 Democrats to pass it and two or three of them will waffle in and provide a little support for it,” Worley said. “It’s not going to happen.”

He said the proposals are about politics – providing cover for opponents for expanded gambling who feel political pressure from the horse industry and in the wake of Republican losses of two special elections for Senate seats. Worley said Republicans hope to spur conservative voters to come to the polls next fall to vote against the amendments and at the same time vote for Republican candidates.

Williams said there are four conflicting opinions by different attorneys general about whether a constitutional amendment is required to pass expanded gambling and his amendment would end that debate. He said any legislation which authorizes gambling without an amendment will face court challenges and his amendment will remove that obstacle.

He said he continues to oppose slot machines but if they are to be allowed, “Sen. Thayer’s proposal is the way to go.” He said he would not bind Republican senators to a position on the issue.

Ronnie Ellis writes for CNHI News Service and is based in Frankfort. Reach him at rellis@cnhi.com. The Richmond Register is a CNHI newspaper.

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