Rep. Arlen Siegfried, an Olathe Republican, said he will attempt to re-open debate during the next legislative session on the Expanded Lottery Act of 2007, the bill authorizing state-owned casinos.

Siegfried and another member of the Kansas House Joint Committee on Administrative Rules and Regulations, Republican Rep. John Faber of Brewster, both opposed the gaming bill. 

However, an attorney general’s opinion that apparently prohibits legislators from engaging in appropriate oversight activities has strengthened their resolve to change the law to allow the Legislature to monitor the performance of the gaming commission.

The opinion, by Attorney General Stephen Six, was issued in April, following a committee meeting at which members were discussing the possibility of sending a letter voicing some concerns to the Kansas Gaming Commission. Assistant Attorney General Mary Feighny warned them that such correspondence could put them in jeopardy under Section 30 of the expanded lottery act.

That section of the law makes it a Class A misdemeanor for members of the Kansas Legislature and other specified parties to attempt to "influence" state gaming regulators. Committee members asked for clarification, leading to the issuance of the formal attorney general’s opinion.

Faber and Siegfried said their interpretation of the attorney general’s opinion is that they cannot attempt oversight of gaming regulators as legislators. However, acting as private citizens, they may communicate their concerns. That’s ironic, they said, in a state in which casinos must be state-owned and operated to pass constitutional muster.

“I think the attorney general’s opinion was wrong, and if I’m re-elected, I’ll try to re-open debate on SB 66 to clarify the wording in that section,” Siegfried said. “The intent of the section was to keep legislators from trying to influence gaming regulators to locate casinos in their districts, not to eliminate the influence of the Legislature in oversight.”

Rep. Ed Trimmer, a Winfield Democrat who also serves on the Rules and Regulations Committee, said he believed some committee members had overreacted, based on their opposition to the expanded gaming bill.

“I think the ruling simply means that we as legislators can’t inappropriately use the power of our offices to influence gaming boards,” he said.

Trimmer, who supported the gaming bill, said he thought Siegfried’s effort, if launched, would be futile.

“I don’t think there’s going to be a lot of support for re-opening that bill,” Trimmer said. “It would just open up another protracted debate on the whole gaming issue.”

Even Faber, who would support Siegfried’s effort, has indicated that any attempt to re-open the legislation would be met with fierce resistance from gaming supporters.

“Supporters know if that bill was opened up again, it might pass the House but it would never get through the Senate,” Faber said.

Kansas budget-makers expect revenue of about $80 million from gaming in fiscal year 2009. Even with that revenue, according to state budget director Duane Goossen, the state is expected to experience a budget shortfall of $188 million at the end of fiscal year 2010, and of $400 million in fiscal year 2011.

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