The opinion, which was requested by Gov. Dave Heineman, addressed a bill (LB256) introduced by Sen. Russ Karpisek of Wilber.
Heineman has not said if he will veto the measure, but the attorney general's opinion appears to pave the way for that eventuality.
Lincoln, which is losing the track at the former State Fair Park because the land is becoming the University of Nebraska Innovation Campus, would be the only track allowed to contract all of its races.
After 15 years, the Lincoln track again would be required to have live racing, as are other tracks. Other tracks would continue to have to conduct at least one live race.
The opinion, written by Assistant Attorney General Jay Bartel, cited a 1991 Nebraska Supreme Court case which said, "The Legislature's power to define terms is limited since ... the Legislature cannot abrogate or contradict an express constitutional provision and .... the legislative definition must be reasonable and cannot be arbitrary or unfounded.
