Georgia Senate Rejects Horseracing Constitutional Amendment

March 16, 2022
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Georgia legislators rejected a measure ahead of a key legislative deadline on Tuesday that would have given voters the opportunity to allow parimutuel and fixed-odds wagering on horseracing in the state.

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Georgia legislators rejected a measure ahead of a key legislative deadline on Tuesday (March 15) that would have given voters the opportunity to allow parimutuel and fixed-odds wagering on horseracing in the state.

The Georgia Senate voted 33-20 to pass Senate Resolution 131, but the constitutional amendment required a two-thirds majority for passage, which would have placed the question on the November ballot if the House assented as well.

Tuesday marked “Crossover Day” in the state legislature, the deadline for bills to cross between chambers of the state legislature.

A separate but related bill, Senate Bill 212, would have permitted up to five racetracks to operate in the state, but did not receive a vote Tuesday following the failure of the amendment.

The bill’s sponsor, Republican Senator Jeff Mullis, moved for the bill to potentially be reconsidered after its failure Tuesday morning, and although the bill was placed back on the calendar with minor changes Tuesday night, it was not heard again before the Senate adjourned.

“I am disappointed in my colleagues,” Mullis said on the Senate floor Tuesday after the bill’s failure. “I really was hoping you would let us go to the ballot.”

Among the concerns voiced by senators on the floor were questions about specific funding in the bill for problem gambling programs, as well as general concerns about permitting gambling in a state which currently only has a state lottery and limited charitable gaming.

“When I buy a car, I get my money, and I buy my car,” said Republican Senator Marty Harbin, who spoke out against the measure and voted against it. “There's an exchange of value for both parties where it's a win-win situation.”

“But here's the issue. In gambling, for there to be a winner, there must be a loser,” he continued. “The system does not work unless there's a loser. It is not an equal exchange of value.”

Another bill that failed to receive any consideration before Tuesday’s deadline was a constitutional amendment proposed in the state’s House of Representatives that would have given voters the opportunity to vote on a blanket referendum question about whether they wanted to expand gambling in the state.

If approved by voters, the proposal would have granted the legislature a mandate to decide what types of gambling they wished to permit, potentially including casinos, horseracing, and/or sports betting.

One gambling measure that does remain in play for the legislature to potentially consider before its scheduled adjournment on April 4 is a constitutional amendment the Senate approved in 2021, Senate Bill 142.

The bill was carried over to this year's session and would give voters the option to legalize sports betting in November’s election.

If approved by the House, enabling legislation would still need to be approved by the legislature next year. The House elected not to vote on the bill last year, and when asked about sports-betting legislation, House leadership recently favored the catch-all approach as compared to focusing on one form of gambling expansion.

The legislature can also elect to add language to an existing bill that has already crossed over if it elects to do so.

After flirting with the idea of passing legislation that would legalize sports betting under the state lottery without voter approval in 2019, efforts have largely focused on a constitutional amendment in some form following an opinion from the Office of Legislative Counsel that an amendment would be the safer route in avoiding potential challenges.

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