FLOATING CASINOS INTENT OF MEASURE

When state Rep. Herb Fallert first introduced his bill in the Missouri House in 1989 to legalize riverboat gambling, he viewed the issue primarily as an opportunity to develop state tourism along the Mississippi and Missouri rivers.

He also believes the emphasis on tourism eventually led to passage of the bill in the Missouri General Assembly in the 1991 session, and then to statewide approval of the issue in November 1992.

But the Ste. Genevieve Democrat said Friday changes in the state's riverboat gaming laws could diminish its original intent as a tourism draw, particularly for families with children or people who do not want to gamble but would like to have a dinner and cruise on the river.

The original bill that came out of the House in 1991 provided an exception for the Admiral, a historic but navigable boat docked in downtown St. Louis. Before the measure was approved and sent to voters it was amended to allow boats within so many feet of the Eads Bridge in St. Louis to be permanently docked if their owners so wished.

After voters approved riverboat gambling in November 1992, newly-elected Gov. Mel Carnahan expressed concern that the measure called for the Missouri Tourism Commission to serve as the regulatory body for the boats. At Carnahan's urging, a Missouri Gaming Commission was created in the 1993 legislative session.

In the same bill, because of concerns that some boats in Kansas City might not be able to have excursions because of low bridges, that bill was amended to give boat operators the right to apply to the gaming commission for a permit to be permanently docked.

Before the commission can grant such a waiver, a public hearing is required under the law.

"The current law now kind of leaves it up to the discretion of the gaming commission," said Fallert, chairman of the House committee that deals with tourism. "I will put faith in the commission; I don't think they will hand them out at random."

Boat operators say it is more profitable for boats to be permanently docked. But Fallert said profitability "should have nothing to do with whether a boat is allowed to be land-based."

Under the original bill, boats would have been allowed to operate docked only in the winter or in adverse weather conditions, if it had a certain number of excursion dates. The bill also limited the amount of space on a boat that could be set aside for gaming and required that an area be established for people under 21, including younger children, away from the gaming.

Fallert said he would be receptive to supporting legislation to make sure the move is toward excursion rather than permanently docked boats, if necessary.

"This was sold to the people as tourism, with excursion boats. That's what the people voted for," said Fallert. "If for some reason the gaming commission would hand out land-based permits excessively, I would be in favor off passing whatever it takes to get it changed back to the original intent.

"But if this is not abused by the commission, there is no use to change it."

Cape Girardeau County state Reps. Mary Kasten, R-Cape Girardeau, and David Schwab, R-Jackson, say they are concerned that the original intent of the gaming legislation be preserved.

Kasten, who voted for the bill in 1991, said her vote "was based on the aspect of tourism and recreation, not hard-core gambling. I'm not too thrilled with the idea of them being land based; I like the fact they are on the water," she said.

Schwab, who voted against the bill, said granting too many exceptions to excursion boats would eventually lead to legalized gambling anywhere in the state. That concern about getting it started in Missouri was one of the reasons Schwab said he voted against the measure.

Said Schwab: "A good example is when the bill came back to us after the people had voted for it. They tried to make a change to allow boats on the Lake of the Ozarks to have gambling. We should keep it on the rivers. I would be against expanding it beyond anything the people voted on."

Schwab said he also is concerned that efforts might be forthcoming to increase the loss limit of $500 per excursion.

He said: "The whole thing was billed as family entertainment and tourism, but then as soon as the bill was passed there was an amendment to do away with the limits. It just shows how some people want to make changes and expand riverboat gambling."

Kasten said she would likely support legislation to restrict the issuance of land-based permits.

"The commission may get a lot of pressure to issue them, but there would be some strong feelings from people in the legislature about changing the whole attitude of what the people voted on," said Kasten.

Fallert said: "Everybody knew it was gambling, but the whole concept was heavily tied to tourism and the idea it would be a cruise boat rather than a land-based casino. We just wanted to get people on the river."