by Jeff Apel

A constitutional amendment that would allow Kentucky voters to decide if they want expanded gaming failed to advance out of committee in the state's General Assembly on Tuesday.

The Kentucky House of Representatives’s Elections, Constitutional Amendments, and Intergovernmental Affairs Committee failed to advance either of two versions of the amendment to the full House for consideration. The action prompted Kentucky Governor Steve Beshear, a Democrat who favors expanded gaming, to call on House leaders to “get their act together quickly."

"Only with their unified support will this amendment stand a chance of passage,” Beshear said. “The entire leadership of the House of Representatives has on numerous occasions publicly and privately committed to me to work in a unified manner in passing a constitutional amendment allowing the issue of expanded gaming to be placed on the ballot. Today’s actions, as well as inactions evidenced in the Elections and Constitutional Amendments Committee, very clearly demonstrate that House leadership remains deeply divided.”

Kentucky’s horse racing industry supports a version of the amendment that would have permitted up to five casinos at the state’s tracks, and up to four additional casinos. That version of the bill, which was drafted by House Majority Whip Rob Wilkey (D-Scottsville), Speaker Pro Tem Larry Clark (D-Louisville), and others, received three "yes" votes when the 11 committee members were asked whether it should be advanced to the full House. Six yes votes were needed to guarantee passage.

“There’s disappointment,” said Marty Maline, executive director of the Kentucky Horsemen’s Benevolent and Protective Association. “We felt we did a really good job of presenting all sides of the issue regarding breeding, racing, and what it means to the state of Kentucky.”

The second version of the amendment, which was supported by House Speaker Jody Richards (D-Bowling Green), committee chairman Darryl Owens (D-Louisville) and others, also failed. It would have allowed nine casinos in the state, no more than five of which could be at horse tracks.

Beshear has estimated that casinos could have an annual fiscal impact of $600-million. Both chambers of the Kentucky General Assembly must approve a measure by a three-fifths majority before it can be placed on the November ballot as a constitutional amendment.

“House leadership should remember that more than 80% of Kentucky voters want the right to express themselves on this amendment,” Beshear said. “Such a disagreement also threatens the people’s right to decide for themselves whether or not they favor capturing the hundreds of millions of new dollars now being lost to other states. These are dollars that could be available to us for education, health care, and other vital services.”

The Kentucky HBPA helped organize a rally on Tuesday in Frankfort that was designed to show support for the state’s horse racing industry and the Wilkey-Clark version of the amendment. Maline estimated more than 100 people in the state’s horse racing industry attended.

Maline said horsemen “met with legislators, who gave us the impression this is not over.” He said he is confident voters will approve the amendment if it appears on the November ballot.

“If, after considering what racing means to the Commonwealth, they still decide this is not a good deal, then so be it. We pick up the marbles and go home,” Maline said. “We're just very confident that racing touches so many lives in the state of Kentucky they’ll recognize that, controlled properly, this will work for everyone.”

Jeff Apel is a Thoroughbred Times assistant daily news editor