Legislative Updates Spring 2005

ALABAMA: House Bill 519, introduced by Rep. Yvonne Kennedy, D-Mobile, proposes a constitutional amendment that, if ratified, would levy a 15 percent state tax on the net revenue from electronic bingo machines at the state's four dog tracks. As a result of local constitutional amendments passed last year in Greene and Macon Counties, the dog tracks in those counties-Greenetrack (no live racing) and VictoryLand-now offer electronic bingo but the machines are not taxed by the state. HB 519 also authorizes the two remaining dog tracks-Birmingham Race Course in Jefferson County and Mobile Greyhound Park in Mobile County-to conduct electronic bingo.
Status: Heard in House Tourism Committee Feb. 24; no further action as of April 30.

Source: Montgomery Advertiser: Jannell McGrew

ARIZONA: Gov. Janet Napolitano March 15 vetoed Senate Bill 1333, the Animal and Ecological Terrorist bill. Despite the gov-ernor's veto, the bill was reintroduced in the House Judiciary Committee March 31 as a strike-everything amendment to SB 1166.

This overly broad and punitive bill seeks to penalize mainstream advocates working to protect wildlife and public lands and captive animals used in research, agricultural, entertainment and gambling industries. Violators of specific activities outlined in the bill could be prosecuted under the state RICO statutes, enacted to prosecute organized crime racketeers.
Status: SB 1166 passed the House; sent to the Senate April 20. Passed by the Senate May 10.
Nationwide: The American Legislative Exchange Council (ALEC) drafted the bill model and is promoting it to state legislators nationwide. For more information, go to www.alecwatch.org

Source: Animal Defense League of Arizona

ARKANSAS: Senate Bill 999, a measure that would allow Southland Greyhound Park in West Memphis and the horse track in Hot Springs to offer wagering on additional electronic games of skill, such as chess and checkers, had cleared the Senate and House in mid-March. Gov. Mike Huckabee said he would let the legislation become law without his signature. Voters in either the city or county where the tracks are located must approve the machines. Both tracks currently offer Instant Racing, an electronic pari-mutuel game that allows players to wager on previously run races.
Status: The Legislature approved SB 999; delivered to governor March 16.

Sources: Arkansas Democrat Gazette: Robert Yates; Las Vegas Sun

FLORIDA: On March 8, voters in Broward County approved a local ballot measure allowing its four pari-mutuels, Hollywood Greyhound Park, two horse tracks and a jai alai fronton, to operate slot machines; voters in Miami-Dade County defeated the measure. Local referenda were authorized last November after voters statewide approved a constitutional amendment allowing those counties to determine whether to legalize slot machines at pari-mutuels.

Passage of the measure in Broward County requires the Legislature to determine what type of gaming will be allowed, the tax rate, the number of machines and whether those machines are electronic bingo, video slots or Las Vegas-style Class III coin-drop slot machines. The Legislature, which began its 60-day session March 8, has been at odds over the issue.

The House bill (HB 1901) proposes a flat tax rate of 55 percent and limits the slots to Class II bingo-style machines. The Senate bill (SB 1174) is more industry-friendly, proposing lower tax rates, unlimited numbers of Class III slot machines, lower payouts for gamblers and less stringent oversight.

On April 27, Senate President Tom Lee, R-Brandon, said "We're way apart," referring to the deepening schism between the House and Senate over the issue. The Legislature failed to pass either bill before the session ended May 6. The issue is likely headed to court.
Sources: The Palm Beach Post: Dara Kam; Sun-Sentinel: David Fleshler

IDAHO: Senate Bill 1074, a measure to allow off-track betting on simulcasts of horse and dog races at another location in Kootenai County if the defunct Coeur d'Alene Greyhound Park in Post Falls is sold or converted to other uses, was passed by the Senate Feb. 24 and by the House March 23.

Greyhound racing was outlawed in 1996. The track was leased to horse racing interests and wagering on out-of-state simulcast races was allowed to continue.
Status: SB 1074 was signed by Gov. Dirk Kepthorne on April 1.

Source: Spokesman-Review: Betsy Z. Russell

KANSAS: A hearing on House Bill 2508, a measure to amend the Kansas Pet Animal Act to include greyhounds, was heard in the House Agriculture Committee March 14. The act was changed in 1988 to exclude greyhounds from the designation of "dog."

Kevin Neuman of Kansas City REGAP, testifying for the bill, said, "The Kansas government is the only one in the United States that says a greyhound is not a dog." Gary Guccione, executive director of the National Greyhound Association based in Abilene, testifying against the bill, said greyhounds aren't bred for pets and therefore should not fall under pet protection laws.
Status: No further action; session over.

Source: KMBC-TV Kansas City

NEW HAMPSHIRE: Senate Bill 225, sponsored by Sen. Lou D'Allesandro, D-Manchester, would allow the operation of 5,700 video slot machines at the state's three dog tracks, one horse track and three hotels located in northern New Hampshire. The racetracks would share a total of 3,900 machines and the hotels would receive 600 terminals each.
Status: SB 225 was defeated by the Senate April 7 on a vote of 18-6.

Sources: The Caledonian-Record: Paul Hayes;
The Citizen: Colin Manning;
Nashua Telegraph: Kevin Landrigan

OREGON: The Senate General Government Affairs Committee heard more than two hours of testimony March 22 on two racing-related bills, House Bill 2842 and Senate Bill 929. More than 60 people attended the public hearing, including two people who brought their adopted greyhounds.

HB 2842, if passed, would outlaw greyhound racing in the state. SB 929 would amend existing simulcasting statutes to allow year-round simulcasting at the Portland Meadows thoroughbred track.

The Oregon Greyhound Association (OGA) strongly opposes both measures. "If economics dictates greyhound racing is dead, so be it, but it shouldn't be state policy to kill the sport," said OGA attorney Paul Romaine. OGA executive director Dick Gage also told committee members that he had received a letter of intent from Eric M. Spector, president of California-based Pioneer Resources Inc., proposing to build, own and operate a multipurpose entertainment complex with a greyhound track as its centerpiece. "I'm hoping they're completely legitimate," Gage said of Pioneer Resources.
Status: HB 2842 died in committee. SB 929 passed the Senate 23-7 on April 28; referred to House Business, Labor and Consumer Affairs committee April 29.

Source: The Oregonian: Eric Mortenson

TEXAS: House Bill 897, a measure to allow video lottery terminals at the state's horse
and dog tracks, Indian reservations and at one location in each of nine areas around the state, was introduced Feb. 8 by state Rep. Sylvester Turner, D-Houston. HB 897 was referred to the House Ways and Means Committee, which held its first hearing on the bill Feb. 23. Any new form of gambling would require a two-thirds vote of the Legislature to be placed on the ballot for voters to decide.
Status: Referred to House Ways and Means Feb. 14; tabled.

Sources: The Austin Chronicle: Amy Smith; Houston Chronicle: Janet Elliott

WEST VIRGINIA: Senate Bill 442, a measure authorizing table games such as craps, roulette, blackjack and other casino-style table games for the dog and horse tracks, passed the Senate March 28. Under provisions of the bill, the state will collect 23.5 percent of the net revenue from the games, the remainder going to the tracks. Eight percent of the state's share will be used to increase purses.

House Bill 2966 would split a percentage of video lottery proceeds from the Mountaineer horse track between the greyhound and thoroughbred breeding development funds, an estimated $3.7 million. Since 1993, the Tomblin Kennel has received more than $2 million from the breeder's development fund. Kennel owner Freda Tomblin is the mother of Senate President Earl Ray Tomblin.
Status: SB 442 passed the Senate; sent to House Judiciary March 29. House Speaker Bob Kiss pulled the bill from the House agenda April 7, but said it could be reconsidered during a special session. SB 2966 passed both House and Senate and was sent to the governor April 26.
Status: HB 2966 was vetoed by the governor May 6.

Sources: Daily Racing Form: Matt Hegarty;
West Virginia Gazette: Scott Finn