Friday, February 21, 2014

Day Thirty-One of KY's 2014 Session In Review

The Kentucky Supreme Court ruled that Ellis Park in Henderson and the Kentucky Downs in Franklin could continue operating their historical horse racing games for now. In a unanimous opinion, the Kentucky Supreme Court ruled Thursday that the Kentucky Horse Racing Commission has the legal authority to regulate wagers on previously run horse races presented on electronic gambling machines, but a question about the machines themselves remains unanswered.
There is still an outstanding question of whether the way the races are presented is actually pari-mutual racing. In the opinion, Venters wrote that the question of "whether the licensed operation of wagering on historic horse racing, pursuant to the commission's authority, violates the gambling provisions of the Kentucky Penal Code is an issue that depends upon facts not in the record, and therefore, must be deferred pending further proceedings in the circuit court."
Lear said the circuit court would rule only on whether individual games that the racing commission has approved are legal.
"The court fully recognized the authority of the racing commission to promulgate the regulations," Lear said. "The only issue is the very narrow one of whether specific games comply with the regs. ... What's gone back to Franklin Circuit is a very narrow opinion. ... I'm confident that measured against the now-approved definition of pari-mutuel wagering, they will be found pari-mutuel."
The Court also found that there was no statutory authority to tax historic races stating in the opinion. "We adjudge that the department lacks the statutory authority to tax the money wagered on historical horse racing devices." Venters went on to say, “We simply cannot bend and stretch the English language far enough to refer to a machine that displays video recordings of thoroughbred horse races that occurred in the distant past as live racing,”  More than $573 million has been wagered on instant racing machines, generating about $8.6 million in taxes through January 31 of this year.
TO READ THE ENTIRE SUPREME COURT DECISION CLICK HERE.

HB 98, sponsored by Rep. Damron, received final passage on Thursday in the House by a vote of 96-2. The bill would require that a licensed health worker, non-licensed health technician, or trained school employee be on duty at schools to administer or help with self-administration of insulin, other approved diabetes drugs, and seizure rescue drugs approved by the federal government.
The legislation would also allow children to perform their own blood glucose checks and self-administer insulin at school upon written request of their parents or guardians and authorization by a child’s health provider.  HB 98 includes an emergency clause that would make the bill effective upon being signed into law.
SB 60, sponsored by Sen. Schickel, R-Union, would allow those with concealed carry permits to bring their guns into bars as long as they do not consume alcohol. The Senate passed the bill, 30-4.

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    Friday, February 21, 2014
    9:00am, House Chambers
    House Convenes
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    Senate Convenes

    SOME OF THE LATEST POLITICAL STORIES:


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    Thu, Feb 20, 2014 10:17:00 PM, Continue reading at the source

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    Court: Attorney general can investigate statewide - Feb 20, 2014 10:25 pm - The Kentucky Supreme Court has ruled that the attorney general's office has the power to participate in investigations across the state. Read More

    House panel advances bill that mandates coal-friendly power plant emission standards - Feb 20, 2014 10:25 pm - Kentucky would create coal-friendly power plant emission standards in an attempt to head off tougher federal rules under a bill passed unanimously Thursday by a House committee. Read More

    Instant Racing opponents can continue fighting slot-like game, Kentucky Supreme Court says - Feb 20, 2014 10:22 pm - While the state followed the correct procedure to implement the Instant Racing game, the Kentucky Supreme Court ruled Thursday that opponents can continue to challenge the slot-like game's legality. Read More

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