Kentucky House Speaker Greg Stumbo says lawmakers are drafting legislation that would tax Instant Racing games.
His comments Friday come one day after the Kentucky Supreme Court ruled that the state Racing Commission has the authority to regulate the games.
But the court ruled that the pari-mutuel tax cannot be applied to the games.
Stumbo says the lack of legislative action on the issue could allow racetracks that offer the slot-like games to keep all the profits.
The Supreme Court returned the case to a lower court for more arguments on whether Instant Racing qualifies as a horse race or is illegal gambling.
Instant Racing games allow people to bet on the outcome of an old horse race without knowing which contest they are betting on.