Cloture invoked, historic horse racing measure advanced

After eight hours of discussion over four days, lawmakers voted March 13 to cease debate and advance a measure intended to pave the way for wagering on historic horse racing in Nebraska.

LR41CA, introduced by Omaha Sen. Scott Lautenbaugh, would place a proposed constitutional amendment on the November 2014 general election ballot regarding historic horse racing. If approved by voters, the amendment would allow wagering on the results of live, replayed or delayed horse races at licensed racetracks where live racing occurs by a pari-mutuel method.

An historic horse race creates a pari-mutuel pool via instant racing terminals from wagers placed on a previously held race at a licensed racetrack, Lautenbaugh said. Information is supplied regarding the jockeys, horses and track conditions, he said, excluding information that would allow an individual placing a wager to identify the specific race.

During debate March 6, Lautenbaugh said he believes wagering on historic horse races to be legal under current Nebraska law, but introduced LR41CA to provide constitutional clarification for the horse racing industry.

“This would address the constitutional concern that has been raised year after year on this issue,” he said.

On March 7, lawmakers rejected a motion by Omaha Sen. Ernie Chambers to bracket the bill until May 30, 2013.

A motion by Omaha Sen. Beau McCoy to recommit the bill to the General Affairs Committee was defeated March 12 on an 11-16 vote.

A series of additional amendments were considered over the course of debate, with Chambers leading discussion against the proposal. He said gaming preys on those with compulsive tendencies and that the state’s constitution should not be “trifled with” in an effort to expand gambling in Nebraska.

“I’m opposed to gambling, no matter how they configure this particular constitutional proposal,” Chambers said.

Lautenbaugh offered an amendment March 12 to simplify the language of LR41CA.

“This would clarify [the proposal] and show that races that have been previously run would qualify as pari-mutuel wagering,” he said.

McCoy supported the Lautenbaugh amendment, though he remained opposed to LR41CA.

“I’ve made no bones about the fact that I don’t care for this issue,” he said. “But I’ve also said that if we are going to send something to the people of Nebraska to ask for their vote for or against, it ought to be in the most constitutionally sound manner.”

Lautenbaugh offered a cloture motion during debate March 13 on a Chambers floor amendment. A successful motion for cloture, which requires 33 votes, ceases debate and forces a vote on all pending action on the bill.

Following adoption of the cloture motion on a 33-13 vote, the Chambers amendment failed 3- 28. Lawmakers then adopted the Lautenbaugh amendment 30-11 and voted 29-19 to advance the measure to select file.