Courier-Journal – An attorney for a leading anti-gambling group in Kentucky said Wednesday that the General Assembly cannot approve a bill to regulate casinos until after the state constitution is changed by voters, which at the earliest would be in November. Stan Cave, an attorney for the Family Foundation of Kentucky, said a number of Kentucky court rulings say the legislature cannot act on something that it doesn’t already have the power to do under the state constitution.
Cave made the comment in a hearing before the House Licensing and Occupations Committee, which gave opponents a chance to testify against Speaker Pro Tem Larry Clark’s casino bills after the Louisville Democrat testified for them a week ago. Clark is proposing an amendment to the constitution (House Bill 67) and companion enabling legislation (House Bill 68) that would regulate casinos if the amendment is approved. Clark and other casino supporters have said they’d like to see both passed at the same time so that voters would know what they could be getting if they approve a constitutional amendment.
A constitutional amendment requires a three-fifths majority in both legislative chambers and then ratification by voters in November. Cave argued that the fact that an amendment is being proposed means casino gambling is banned under the current constitution. “If it didn’t there wouldn’t be House Bill 67 purporting to amend it,” Cave said.
Gov. Steve Beshear, who supports expanded gambling, disagreed with Cave in an interview later, saying he believes the legislature can pass a bill contingent on an amendment passing. “I think that’s inherent in the power of the General Assembly to pass legislation that might be contingent on another event happening,” Beshear said.
