HomePublicationsNewsletter ArchiveVolume 19Issue 1Gambling Expansion Bill is Not Enacted

A year-end effort to enact legislation to permit horse tracks to offer electronic gaming devices was not signed by the Governor by the end of the legislative session and the bill thus was not enacted into law.

House Bill 5546,which wasintroduced in April of 2012 by Rep. Kevin Daley (R– Lum), sought to amend the Horse Racing Law of 1995 and to expand the type and form of wagering that occurs at tracks to allow wagering on historic races via electronic machines. The language of the bill raised a substantial legal question with regard to whether both statewide and local voter approval would be required to comply with the Article IV, Sec. 41 of the Michigan Constitution (as amended by Proposal 1 of 2004), which provides:

“...No law enacted after January 1, 2004, that authorizes any form of gambling shall be effective, nor after January 1, 2004, shall any new state lottery games utilizing table games or player operated mechanical or electronic devices be established, without the approval of a majority of electors voting in a statewide general election and a majority of electors voting in the township or city where gambling will take place. This section shall not apply to gambling in up to three casinos in the City of Detroit or to Indian tribal gaming.”


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