GAMBLING BILL ATTEMPTS TO CLOSE LOOPHOLES

JEFFERSON CITY -- The Missouri General Assembly gave final approval Thursday to a bill that defines by name games of skill that can be played on riverboats.

Early this year, the Missouri Supreme Court ruled that the referendum approved by voters in November 1992 enacting riverboat gambling only legalized games of skill on riverboat casinos.

The court ruled that games of chance, like slot machines, could only be played if passed by voters as a constitutional amendment.

On April 5 voters narrowly rejected an amendment legalizing games of chance. However, the court had listed about a dozen specific games that could be classified games of skill or chance, but left the decision to a circuit court.

But the legislation passed Thursday addresses the issue, along with other issues left unresolved by the supreme court. Once Gov. Mel Carnahan signs the bill into law, games like craps, video card games, and other similar games could be authorized by the Missouri Gaming Commission.

Other provisions in the bill repeal a controversial 3 percent bingo tax enacted last year to fund the construction of veterans' nursing homes in the state; tighten conflict of interest laws related to gambling boat companies and elected and appointed officials; and limit the distance a boat could be docked inland to 1,000 feet.

Legislators considered sending the constitutional amendment legalizing games of chance back to the voters in August or November.

But under strong opposition from constituents, lawmakers declined to pursue a revote measure.

Sen. John Scott, D-St. Louis, who sponsored the bill passed Thursday, noted that "a slot machine is clearly banned by the supreme court. What this bill does is lists the games that were mentioned in the court decision that need clarification as games of skill.

"Irrespective of your position on riverboat gambling, we have gambling now and four limited licenses have been issued," said Scott.

The additional games are needed to make the gambling industry more profitable and to produce more revenue for the state.

Rep. Mary Kasten, R-Cape Girardeau, said she likes the bill. "People passed riverboat gambling in November of 1992 and it is in effect. This bill has nothing to do with whether we will have riverboat gambling, but it does define the terms. I think it should be the legislature's obligation to define the terms."

Sen. Danny Staples, D-Eminence, voted against the bill because he said his constituents would be confused that lawmakers had bypassed their decision on the constitutional amendment last month.

Said Staples, "I've had a lot of phone calls about this since April. I've had over 100 calls from the district to vote no on any part of riverboat gambling. I didn't want a misunderstanding with my people after I said I would vote no and then vote yes, even though this would not have put it on the ballot."

Rep. Dennis Ziegenhorn, D-Sikeston, who voted for the measure in the House, agrees there likely will be some misunderstanding about the legislature's action.

"A lot of people have the wrong perception that the supreme court was killing boats and that is not the case," Ziegenhorn said. "But to someone against gambling, there is no such thing as games of chance or skill. It's all gambling.

"The bottom line is it was not going to stop riverboats. All it was doing was slowing down the process.

The 1,000-foot limit for docking boats is a compromise for places like Kansas City, where it's unsafe to dock a riverboat directly on the Missouri River.

But some lawmakers, like Sen. Peter Kinder, R-Cape Girardeau, expressed concern that without strict limitations, riverboat gambling could become land based.

The law also tightens the definitions of "riverbank" and the Missouri and Mississippi Rivers to clarify the legality of forming inlets or canals on the rivers to house riverboats.

Kinder and Sen. Jerry Howard, D-Dexter, voted for the bill.

The veterans' homes will now be funded by excess monies in the Gaming Commission Fund, once the bingo tax is repealed on July 1, 1995.