LAWMAKERS ANTICIPATE APRIL VOTE

JEFFERSON CITY -- Gov. Mel Carnahan and legislative leaders promised quick action Tuesday in response to a Missouri Supreme Court ruling that has cast a cloud over the licensing of riverboat gambling boats in the state.

The result of the ruling is that a statewide election will have to be held on a constitutional amendment legalizing games of chance such as slot machines that would be available on boats Other games such as poker and blackjack, considered games of skill, do not require constitutional approval.

In 1992 Missouri voters approved a riverboat gambling law as a referendum that changed the statutes, not the Missouri Constitution. Tuesday's ruling does not negate the riverboat gambling law the state passed, but there must be a constitutional amendment passed before boats could have games of chance, essential to successful gambling operations.

Carnahan said he will work with state lawmakers to get a constitutional amendment on the ballot as soon as possible, and he and legislative leaders predicted the measure would easily win voter approval.

Rep. Herb Fallert, D-Ste. Genevieve, who sponsored the original riverboat gambling law, said he anticipates the measure going before voters in April.

Said Fallert: "Of course we are disappointed and discouraged to a degree, but our strategy is to come back with a joint resolution and get a constitutional change through as quickly as possible and deal with the concerns of the court. This passed before overwhelmingly and there will be a lot of support this time because people and companies have a lot of money invested in this."

When voters approved riverboat gambling in 1992, it was not specified where the proceeds would go. But since then legislation has been passed designating all riverboat gambling money for education.

"Now that everyone knows the money is going to education, that is one more plus that was not there the other time," said Fallert. "I believe that will help it pass."

Fallert said he was told the ruling has no impact on negating the local option elections that have already been held.

"I specifically asked the question of several people and was told the only thing struck down was the legality of games of chance," Fallert said.

Sen. Peter Kinder, R-Cape Girardeau, said late Tuesday he was reading a copy of the opinion. While there appears to be some "panic" in the halls of the Capitol, he predicted an April statewide election. "I would support getting it passed quickly and out to a vote of the people," said Kinder.

Kinder said he doesn't believe having new local-option elections is an issue and that votes taken by cities and counties will stand.

That would be good news in Cape Girardeau, said City Manager J. Ronald Fischer, where voters narrowly approved gambling in November and the city staff and council are hoping to make a decision on a boat operator in March.

"The court case has created a great amount of turmoil in a lot of communities," said Fischer. He said City Attorney Warren Wells is studying a copy of the court opinion.

"It is all up in the air right now while we are waiting on legal options from the state," said Fischer. "What we want to know is what we can and cannot legally do at this point."

Cape Girardeau will be choosing between two boat operators. Fischer explained it is possible that the ruling will not slow down the effort. He said if a statewide election is held soon to deal with the need for a constitutional amendment, whoever the city selects might be able to proceed with seeking permits and preparing its application to the Missouri Gaming Commission.

Fallert said whatever bill the General Assembly considers to deal with the court's concerns needs to be "short and precise, and deal with only the things the court found to be wrong. We need to keep all other issues like boats on the Lake of the Ozarks and a video lottery out of this. We need to keep it simple, to the point, and deal with what the courts say are not constitutional at this time."

Rep. Mary Kasten, R-Cape Girardeau, said she believes lawmakers should act swiftly and get it back to the people.

"I just think we have to do it right. We should work with the law and do what we need to do so the people have an opportunity to speak again," said Kasten.

"Everyone is in a state of flux right now. I would like to have it made legal, and we need to get that done as soon as possible."

But not all legislators were anxious to move on the measure. Rep. David Schwab, R-Jackson, who opposes gambling, said he was unsure whether he would support a resolution sending it to a vote.

"I just want to study the whole thing before I decide how to proceed," said Schwab. "I always thought it was bad state policy to legalize gambling, with the emphasis on raising revenue for the state."

Projected revenues from riverboat gambling are included in the governor's proposed budget for fiscal year 1995 that legislators are now considering. Beginning in fiscal 1996, all state gambling revenues will be used for the school foundation formula. Gambling money makes up a significant part of the new revenue for the formula.

In a statement Tuesday, Carnahan said people overwhelmingly supported riverboat gambling and "I think we have an obligation to ensure that it is implemented. It is apparent, however, that we need to take another step to complete that process. I believe it will be necessary to seek a constitutional amendment that addresses the court's concern."

Carnahan said he will work with House Speaker Bob Griffin, Senate President Jim Mathewson and Attorney General Jay Nixon to draft the amendment.

The governor said, "It is important to note that the Missouri Gaming Commission is continuing its work and moving forward with the licensing process."