GAMBLING BILL FACES TOUGH TEST IN SENATE

JEFFERSON CITY -- Members of the Missouri Senate this morning will take up a proposed constitutional amendment that would legalize riverboat casino games questioned by the state Supreme Court, and a Cape Girardeau senator predicts a tough battle.

One day after the Missouri House approved a proposed amendment, the Senate Ways and Means Committee considered the bill and made several changes. Even with the changes, it was voted out of committee on a 6-5 vote.

"The debate should be hot and heavy," said Sen. Peter Kinder, R-Cape Girardeau. "The strong vote against it in the committee tells me it will have major problems on the floor. I don't really know what the objections are and will be looking forward to hearing the debate."

Sen. Danny Staples, D-Eminence, chairman of the committee that oversees tourism, said he is concerned about any amendment that could lead to land-based casinos instead of riverboat casinos.

"I will listen to the debate with amendment forms on my desk," said Staples. "If I see even a remote possibility of land-based gambling in hidden form, it will be changed."

Staples maintained that when voters approved a statewide referendum in November 1992 legalizing riverboat gambling, they voted for boats on the Mississippi and Missouri rivers.

Said Staples: "I want it to be what the people voted on. The people overwhelmingly passed riverboat gambling. We should revise the language to satisfy what the Supreme Court struck down and put it to a vote of the people in as simple and plain language as possible."

Kinder said the Ways and Means panel initially defeated the bill 7-4, but after some changes passed a version out by a single vote.

"I haven't counted any heads on it; they might have the 18 votes on the floor, but I don't know," said Kinder.

The measure is on a fast track because legislative leaders and Gov. Mel Carnahan want to clear up the legal issues as soon as possible so there will be no delays getting boats operating in the state.

The next election date is April 5 and for the measure to be considered then, it must be in the secretary of state's office on Monday, so it can be certified by the Tuesday deadline. A constitutional amendment can be approved with a simple majority.

During this early point in the session, the House and Senate generally adjourn around noon on Thursday and reconvene at 4 p.m. Monday. But both House Speaker Bob Griffin and Senate President James Mathewson have said it may be necessary to remain in session this afternoon, or even Friday.

Since the Senate is making changes in the House version, the bill will have to go back to the House. Griffin said he could keep the House in session Friday or bring the members back early Monday.

If the House does not adopt the Senate version, then a conference committee will be convened to iron out differences. Then both chambers will consider the compromise product.

Kinder said he is concerned by the "fast track approach" because moving too quickly can lead to mistakes that could cause further legal action or a final version that doesn't do what lawmakers thought it would.

"Everybody is concerned that when you go this rapidly, mistakes are made and that there is not time for reflection," observed the senator. "If I can satisfy myself we are not passing a bill filled with mistakes, I will support it."

Staples stressed he wants to see a simple bill with no mistakes or hidden meanings. "I was hoping the committee would pass out a simple measure to clean up what the Supreme Court threw out and get it on the April ballot," he said.

Rep. Herb Fallert, D-Ste. Genevieve, who handled the original riverboat gambling bill in the House, said he was generally pleased with what came out of the House Tuesday.

Efforts were made to include the Lake of the Ozarks as a location for boats, but it was defeated in the House.

"I think we all pretty well agree to limit it to the Mississippi and Missouri rivers. I'm glad we're back to the original concept," said Fallert. "But I am not totally opposed to having boats at the lake in the future, but right now I want it going good on the Mississippi and Missouri rivers first. Somewhere in the future I would not be opposed to letting the lake area vote on it, if it is good for tourism in the state."

Rep. Mary Kasten, R-Cape Girardeau, said she was not completely satisfied with the House bill but recognizes that with cities like Cape Girardeau in limbo by the court ruling, swift action is needed.

"I think we did what we needed to do," said Kasten. "We need to move on this and let the people vote."

Rep. David Schwab, R-Jackson, who opposes gambling as a source of revenue for the state, voted against the bill Tuesday. Schwab said part of that was based on his opposition to gambling, but he also had concerns about the bill.

"One thing that bothered me was allowing the boundaries of the Mississippi and Missouri rivers to be defined by the General Assembly," said Schwab. "That provided too much flexibility in the definition and it could be expanded to include tributaries of the river, and who knows what else."

The part of the bill about definitions was removed by the Senate committee Wednesday.

Some of the other changes specified the election date as April 5, rather than leaving it at the governor's discretion, and that the games must be on "floating facilities."

In its ruling last week, the Supreme Court said the voter-approved law in 1992 failed to legalize games of chance, only games of skill. That means games like slot machines, essential to a boat's success, must be approved in the constitution.

The Missouri Gaming Commission is hoping to have four boats licensed and operating later this spring and several more during the year. Revenue generated from the boats is earmarked for maintenance and repair projects and capital improvements in the governor's proposed budget for the fiscal year that begins July 1.