As Kentucky legislators prepare to consider the addition of video lottery terminals at Kentucky tracks this week, the state’s attorney general has released a legal opinion that such legislation would be constitutional.
Kentucky Attorney General Jack Conway released a 20-page opinion on Monday that determined no further amendments to the Kentucky Constitution are needed in order to enact a law to allow the Kentucky Lottery Corporation to operate terminals at racetracks.
“My staff and I simply followed the law and allowed it to lead us to the proper legal conclusion on this issue,” Conway said. “What we were asked to do was determine whether a provision allowing video lottery terminals at racetracks is allowed under the Kentucky Constitution, as amended, and we believe it is.”
The opinion was released hours before Governor Steve Beshear opened a special session of the Kentucky General Assembly with a 7 p.m. EDT address on Monday.
In May, Kentucky State Representative Jody Richards requested a legal opinion from the attorney general. Conway said the opinion was fast-tracked to be completed before the special session.
In a release, Conway listed several highlights in the opinion, which he said synthesizes five previous opinions from the attorney general's office.
The opinion relied heavily on a 1990 general assembly statute that prohibited the lottery from operating casino-style games but did not mention slot-machine type gaming. The opinion notes the general assembly, by enacting statutes, can restrict or expand the types of games offered by the Kentucky Lottery Corporation.
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