BOISE, ID—JANUARY 27, 2015—A controversy over the legality of instant horse racing machines in Idaho heightened last week when the state's Senate committee voted Friday to introduce a bill repealing instant racing.

The Idaho Attorney General's Office said the betting machines installed around the state last year are not the same ones the office vetted when asked in 2012 whether instant racing would be legal in Idaho.

As thousands of people place wagers on the new instant horse racing machines in the state, law enforcement officers, lawmakers and attorneys are trying to figure out whether the bettors are playing state-approved pari-mutuel betting terminals or illegal slot machines.

With 200 instant racing terminals operating 16 hours a day, seven days a week in his jurisdiction that includes Les Bois Park, Ada County Sheriff Gary Raney says he needs answers.

"Idaho legislators passed a law authorizing historic pari-mutuel horse race betting in the state. It is still unclear whether or not the Les Bois machines fit that law," said Raney. "We would like to see the legislators review and clarify the law to ensure it is what they intended and that it aligns with the Idaho Constitution. If they do not, we will likely have to seek clarification from the Idaho attorney general or the courts."

The state's lawmakers approved instant racing, also called historical racing, in 2013 to help revitalize the lagging horse racing industry. The betting machines were installed last year.

The Idaho Constitution bans slot machines and "any electronic or electromechanical imitation or simulation of any form of casino gambling."

When the committee considered approving the machines two years ago, there was an attorney general's opinion put forth that determined it was not in violation of the state's constitution. After some lawmakers got a look at the new machines in action, they are now questioning whether the devices are constitutional.

"It is my conclusion that rebroadcasting of horse races previously run is not an electronic or electromechanical imitation or simulation of any form of casino gambling," Deputy Attorney General Michael Gilmore wrote in a letter to then-Rep. Carlos Bilbao in 2012. Gilmore noted that his letter was not "an official opinion of Office of the Attorney General."

The AG's office still stands by its 2012 position, with one caveat: The instant racing machine the office examined in 2012 is not the same machine being installed around the state, said spokesman Todd Dvorak. Now it's up to law enforcement agencies and county prosecutors to decide whether instant racing operators are complying with state law.

The Ada County Sheriff's Office said it has not received an official complaint and has no investigation underway.

Bill Roden, a lobbyist for the Coeur d'Alene Tribe and an attorney, said he attended the 2013 hearings on instant racing and did not object to the proposed legislation.

"It was presented as being similar to or almost the same as the simulcast terminal," Roden told the Senate State Affairs Committee on Friday while pitching the Tribe's bill to repeal instant racing. In 2013, the committee did not see or get a demonstration of an instant racing machine.

Early versions of instant racing terminals closely resembled self-serve wagering terminals used for simulcast racing, according to information provided by RaceTech, LLC, which created the instant racing pari-mutuel wagering system installed in Idaho. The technology has evolved and the machine's exterior appearance has changed, but its core function has not, the company said.

"Over the years we added some buttons and a new screen for graphics, but it is still a self-service terminal which can only accept pari-mutuel wagers. These terminals are analogous to a Porsche being compared to the Model T ... both are just gas-powered cars and nothing more," RaceTech vice president Louis Cella told the Idhao Statesman.