Projects to be added to slots bill
Rick Rand, D-Bedford, is chairman of the House Appropriations and Revenue Committee
FRANKFORT — Democratic House leaders are considering a plan to fund school construction projects with revenue generated by slot machines at racetracks, a move opponents described as a thinly-veiled attempt to win support from otherwise reluctant lawmakers.
“I’m a proponent of building schools,” said House Speaker Greg Stumbo, D-Prestonsburg. “We’re looking at a proposal which we believe can act as an economic stimulus package and also help eliminate some of the awful … schools we have in the state.”
Stumbo couldn’t say how many schools might be affected and stressed that no final decisions have been made on the issue. As proposed by Gov. Steve Beshear, the slots bill would generate an estimated $298 million a year for the state’s General Fund.
House Republicans immediately called the tactic “shameless.”
“As the governor said, this is the time for an ‘up or down’ vote; let’s do that,” said House Minority Leader Jeff Hoover, R-Jamestown. “Let’s don’t try to sweeten the pot to get an extra vote.”
Senate President David Williams, R-Burkesville, acknowledged that the state has a problem with poor school buildings but said “there won’t be any linkage in any bill that is considered in the Senate between this much-needed school construction that we need and the passage of any gambling money.”
Stumbo countered that it only makes sense for lawmakers to designate how money generated by slots should be spent.
Meanwhile, a key Democrat predicted the bill will ultimately win approval in the Democratic-led House.
The House budget committee has enough votes to pass Gov. Steve Beshear’s expanded gambling bill, possibly as early as Wednesday, said chairman Rick Rand, D-Bedford.
Rand also said he believes the measure will clear the full House, a prediction House Speaker Greg Stumbo, D-Prestonsburg, has been unwilling to make.
“The members are a bit reluctant to commit to something they haven’t seen yet,” Stumbo said of the slots bill when pressed for a prediction on Kentucky Educational Television Monday night.
Hours before the special session began Monday, Attorney General Jack Conway issued a non-binding legal opinion that said lawmakers don’t need to amend the Kentucky Constitution before allowing slots at racetracks.
Proponents of the slots bill applauded Conway’s legal opinion, which relied heavily on a 1931 Kentucky Court of Appeals ruling to justify expanded gambling without a constitutional amendment.
“The attorney general has re-affirmed our belief. Now we look forward to getting this legislation passed,” said Patrick Neely, the executive director of the Kentucky Equine Education Project or KEEP, a horse industry group.
Five previous attorney generals have been asked to weigh in on the controversial issue. Stumbo, a former attorney general, said in 2005 that an amendment was not needed. Stumbo’s opinion was contrary to previous attorney general opinions.
Conway’s opinion says that in 1988 voters approved an amendment to the constitution that allowed lawmakers to later establish the Kentucky Lottery Corporation. Then, in 1990, the General Assembly amended the lottery statute, but not the constitution, to ban casinos and other gambling games.
The General Assembly has the power to rescind its own ban on casino-style gambling, the opinion says.
Specifically, Conway’s opinion cites a 1931 case involving the Jockey Club, in which the appeals court upheld legislation authorizing pari-mutuel wagering on horse races.
The appeals court ruled that the term “lotteries” and the original prohibition against them in the Kentucky Constitution of 1891 was narrowly defined. The framers of the constitution did not intend to outlaw all types of wagering, the opinion says.
At a news conference announcing his opinion, Conway, who is running for U.S. Senate, said no one tried to influence or pressure him.
Conway also noted that the Executive Branch Ethics Commission has said he can issue an opinion on the issue even though his father, F. Thomas Conway, currently serves on the Kentucky Horse Racing Commission and is a horse owner.
It is his job to give the General Assembly legal advice on how their actions may be interpreted by the courts, Conway said. “My staff and I simply followed the law and allowed it to lead us to the proper legal conclusion on this issue,” he said.
Anti-casino activists blasted Conway’s decision on Monday, saying it was political grand-standing. Many have warned that they will sue the state if slots are passed without a constitutional amendment.
“We believe that it was a political decision not a legal one,” said David Edmunds, a policy analyst with the Lexington-based Family Foundation, a conservative non-profit.
“This is probably the biggest scam Kentuckians have seen in the past few decades,” Edmunds said. “If this opinion says that in 1988 voters voted for slot machines and just didn’t know it, then Jack Conway has been complicit in a scam against Kentucky voters.”
Williams, an opponent to expanded gambling, said he didn’t believe a constitutional amendment was needed. However, he said he didn’t think the Kentucky Lottery Corporation had the authority to oversee slots at racetracks.
Anti-casino groups plan to have a rally opposing the move on Tuesday. KEEP will hold a pro-slots rally on Wednesday.
– Beth Musgrave and Jack Brammer
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Rodney | Jun 15, 2009 | Reply
Jack Conway = Joke
JimM | Jun 15, 2009 | Reply
So as I read this article, the “Family Foundation” believes it is the one true way and no-one else should do anything except what it decides. WHY are the conservative groups ALWAYS trying to dictate how others should live their lives? WHERE is it written that “Family Foundation” or any other same mindset conservative organization have been sent by the ALMIGHTY to govern and mandate life styles of everyone else? IF “Family Foundation” is so against video slots, IS THERE anyone dictating or mandating to them that they have to play them? I think NOT. So why do they seem to believe that they should be able to dictate or mandate to others?
Perhaps if “Family Foundation” and others of their ilk would simply live their own lives and leave others to their lives, EVERYONE would be so much happier in the long run. EXACTLY HOW is having video slots at the race tracks harming “Family Foundations” if their members do not go and play them? To paraphrase Homer Simpson “Doh”!
Roger | Jun 15, 2009 | Reply
JimM-Because most of us who support the Family Foundation are hardworking families who see their tax dollars spent at race tracks and on lottery tickets and alcohol and cigarettes while the family comes begging for food and clothing. Instead of spending what they receive for NOT working on necessities they use the money for junk-like the above mentioned items. If you don’t believe me, hang out around a convenience store, which is where they but most of their high priced food items as well.
Roger | Jun 15, 2009 | Reply
JimM- We also pay most of their rent out of our tax dollars.
PD | Jun 15, 2009 | Reply
What is the Family Foundation trying to force? A vote to amend the KY Constitution? A vote that is legally necessary? Wow, what’s wrong with that??
The Dems, and the Horse Industry are the ones who are trying to force this TAX upon the citizens of the Commonwealth. In Indiana they had to wager 470 million to generate 97 million in tax revenue. Just think where that 470 million came from, and the better return that could be had invested elsewhere.
shriner47 | Jun 15, 2009 | Reply
I can’t seem to find this so can some explain what “exactly” the State Constitution say’s about the issue? It would be very informative if the Herald Leader would publish the part of the state constitution that deals with this instead of the People having to rely on what some politician say’s what their opinion is.
It has been said in the HL and News reports on TV many times that the constitution is very specific on the matter. however, I have looked and I have yet to find any part of the State Constitution dealing with gaming short of the Lottery.
Kentucky’s Constitution has been added to and revised about a million times. so What does it say?
Ed | Jun 15, 2009 | Reply
Roger,
Have you even been to a race track? I have and it seems to me that a very large majority of the people there are well off enough to be able to spend some of their own hard earned money in a way that they choose. Funny, I don’t see churches refusing to take donations from poor people and now all of a sudden they are worried about them? More likely they are only concerned about their own attendence and bank accounts then people’s well-being.
Also, people in Ky voted for a state lottery, which is completley seperate from any other form of gambling. Again, the churches love to have their Bingo, but they don’t want any competition do they?
The tired old “it’s bad for poor people” song and dance is getting worn out. The same illogical argument can be made for fast food, cell phones, sodas, etc, etc, etc.
How about the churches get out of the Spanish Inquisition attitude and allow people to choose to be part of their commune instead of wanting to force everyone to be a part of it?
smith | Jun 16, 2009 | Reply
I have lived in “dry” counties and wet. The dry ones have more meth labs, pot, and so on, and less for kids to do – and always more broken windows and troubles. The extreme example of banning things is the middle east – there they have nothing left but to do except blow people up. Go ahead and try to restrict more things and send tax dollars to Indiana, take the horses to Florida, etc… Slots are fine, and probably a very good thing overall. (However, we have enough school buildings. That is just something for construction lobbyists – not our kids needs and their education. We spend more on the school buildings and bureaucracy than the kids’ education.)
Never ban things that are individual choices that affect mainly that particular individual. You can’t baby everyone and have a law to protect people against everything. If so, then why don’t we just get a new law that prevents businesses from failing, by preventing them from starting – Oh yeah, Obama is working on that one (and we’re currently helping him along with the idea, by spending too much for lobbyists’ wish lists, and killing one of our top state industries.)
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