Legislative Updates Winter 2003-04

ALABAMA: Macon and Greene County voters Nov. 4 approved legalizing electronic bingo, a move expected to give a financial boost to the dog tracks in each county. The constitutional amendments authorized "the operation of bingo games by nonprofit organizations for charitable, educational and other lawful purposes."

State Rep. Johnny Ford, R-Tuskegee, who pushed the Macon County bingo law through the House, said players could win a million dollars. At one point the House rejected a version of the bill that had no limits on payouts, but Ford said he used a little "clever maneuvering" to substitute his version before the bill received final passage.

Rep. Dick Brewbaker, R-Montgomery, displeased with the way the bill was handled, said, "Frankly, it was a cheap trick. I hope it was worth it to Ford and to the people who operate dog tracks," Brewbaker said.

A similar law passed in Greene County, where the Greenetrack dog track is located, but payouts for one bingo session are limited to $10,000. Live racing ceased at Greenetrack in 1996, but the track remains open for simulcasting.

Multimedia Games, Inc. announced Dec. 17 it has entered into an agreement to install interactive electronic bingo game player stations at VictoryLand. High-stakes bingo debuted at Greenetrack Jan. 5 after the installation of 400 player stations.

Sources: Birmingham Register: Tom Gordon;
Associated Press: Bob Johnson;
Tuscaloosa News

ARIZONA: House Bill 2015, introduced in the second special legislative session that began in mid-October, would reduce the penalty for mistreating racing dogs from a Class 6 felony to a Class 1 misdemeanor. The language was inexeplicably included in a broad-based bill that sought to reclassify as misdemeanors various offenses ranging from cactus theft to pyramid schemes.

The measure was introduced by state Reps. Carole Hubbs, R-Sun City West, and Bill Konopnicki, R-Safford. Hubbs told the Arizona Daily Star Nov. 4 that the decision by prior legislatures to make some of these offenses felonies was "absurd." Hubbs, however, was apparently unaware of the attempt to reduce the penalties for greyhound abuse, and told The Arizona Republic several days later that she would not support the penalty reduction for animal cruelty. "This was put together for me too quickly," she said.

ADLA (Animal Defense League of Arizona) and Greyhound Network News sent out an electronic action alert urging the statewide humane community to voice their opposition to the penalty reduction by contacting both lawmakers.

Geoffrey Gonsher, director of the Arizona Department of Racing, also opposed the measure. "It's unacceptable because it severely weakens our regulatory authority," Gonsher said. "We don't want people to believe that it's simply a misdemeanor if they mistreat animals. We want there to be a deterrent."

Hubbs told GNN Dec. 4 the bill had been withdrawn.

Source: Arizona Daily Star: Howard Fischer;
The Arizona Republic: John Stearns

FLORIDA: The Florida Supreme Court heard oral arguments Dec. 2 on the wording of a proposed ballot initiative sponsored by Floridians for a Level Playing Field, a coalition of South Florida pari-mutuels, which seeks statewide voter approval to allow slot machines at the dog tracks and jai alai frontons in Broward and Miami-Dade counties. If the Legislature opts to tax the revenues, the money must be allocated to education funding, according to the ballot language.

Opponents of the measure include the American Society for the Prevention of Cruelty to Animals, the Humane Society of the United States, GREY2K USA, and No Casinos, a Florida anti-gambling group . Attorney Mark Herron, representing the groups, argued that the proposal qualified as "classic log-rolling" - the practice of connecting a popular proposal to a controversial one.

Comments made by the justices indicate that the court ruling will not be unanimous on the issue. Chief Justice Harry Anstead agreed with Herron's argument. "There truly is a serious danger here that people who want to see schools improved will vote for something that they otherwise wouldn't have voted for, i.e., the extension of gambling," Anstead said. "That's classic log-rolling."

Justice Raoul Cantero reminded attorneys and justices that the constitutional log-rolling prohibition that limits ballot measures to one subject also includes the phrase "and matters directly connected therewith." Justice Barbara Pariente agreed. "It seems to me it is part and parcel of the subject that is being proposed to the voters," she said.

In March 2002, the Florida Supreme Court struck down a similar proposal by the pro-gambling coalition because the measure failed to meet the state's single-subject requirement. Stephen Grimes, a former Supreme Court justice now representing the sponsors, told the current justices that the new version was designed to satisfy the problems cited by the court last year.

The high court will issue a written ruling after deciding whether the wording of the ballot proposal is clear to voters and deals with a single subject. If the court approves the measure, the coalition will need to collect an additional 408,661 valid signatures. As of mid-November, only 80, 061 signatures had been validated.

Sources: Tallahassee Democrat: Nancy Cook Lauer;
Naples Daily News: Jackie Hallifax (Associated Press);
The Florida News-Journal:
Associated Press;
Orlando Sentinel

KANSAS: Gov. Kathleen Sebelius' gambling task force released its final report Dec. 18, recommending a limited number of state-controlled slots at the state's three greyhound tracks with the caveat that "the state should not create a windfall for the track owners or grant them an automatic monopoly." Wyandotte County was identified as the only viable site for a large-scale casino development.

Sebelius said she will propose legislation to expand gambling in Kansas but does not want to limit slot machines to the existing pari-mutuel facilities. Slot machines at the tracks "clearly have been resisted within the legislative arena for awhile," she said.

Casino gambling is currently limited to four locations in northeast Kansas operated by American Indian tribes.
Source: The Wichita Eagle: Steve Painter

MASSACHUSETTS: A Senate proposal to expand gambling in the state by legalizing two state-run casinos and video slot machines at the dog and horse tracks has been withdrawn from consideration. In a stunning reversal after two days of deadlocked debate, key state senators who had backed the gaming plan as part of $115 million economic stimulus package admitted Nov. 6 they failed to win enough support for the proposal. The House has staunchly opposed any expansion of gambling in the state.

Source: Boston Herald: Scott Van Voorhis