Minutes 1-16-2001

0001

BEFORE THE MISSOURI GAMING COMMISSION

3 STATE OF MISSOURI

5 Telephonic Meeting

Tuesday, January 16, 2001

6 3417 Knipp Drive

Jefferson City, Missouri

9 COMMISSIONERS PRESENT (VIA TELEPHONE):

10 Robert Smith, Vice Chairman

Lynne R. Nikolaisen, Secretary

11 Dr. Muriel W. Battle

13 PRESENT:

14 Kevin Mullally (Via Telephone), Legal Director

for Legal and Legislative Affairs

15 Patricia Churchill, Legal Counsel

Angie Franks, Paralegal

22 REPORTED BY:

Patricia A. Stewart, CSR, CCR, RPR, RMR

23 ASSOCIATED COURT REPORTERS

714 West High Street

24 P. O. Box 1308

Jefferson City, Missouri 65101

0002

1 P R O C E E D I N G S

2 VICE-CHAIRMAN SMITH: Glen Ullery can't be

3 here, so I'm stuck as vice-chairman for the meeting.

4 COMMISSIONER BATTLE: Well, I would say we're

5 in good hands.

6 VICE-CHAIRMAN SMITH: We'll see. We'll get

7 this over in a hurry. I guess we better officially call

8 the roll first.

9 MS. FRANKS: Chairman Ullery?

10 (No response.)

11 MS. FRANKS: Commissioner Smith?

12 VICE-CHAIRMAN SMITH: Present.

13 MS. FRANKS: Commissioner Nikolaisen?

14 COMMISSIONER NIKOLAISEN: Present.

15 MS. FRANKS: Commissioner Battle?

16 COMMISSIONER BATTLE: Present.

17 MS. FRANKS: Commissioner Adorjan?

18 (No response.)

19 VICE-CHAIRMAN SMITH: Okay. We have a quorum

20 of three out of five.

21 And who is going to make the presentation on

22 the resolutions explanation?

23 MR. MULLALLY: Mr. Chairman, the only thing we

24 have on the agenda are three rules that were adopted

25 several months back, both emergency and proposed rules.

0003

1 They need to be done at this time or the emergency rule

2 will expire before the proposed rule goes into effect. We

3 had a public hearing on them, and there were no comments.

4 Patricia Churchill will make the presentation.

5 VICE-CHAIRMAN SMITH: Patricia, I notice part

6 of the change involves disposal of pathological waste,

7 low-level radiation waste and other waste. I wonder what

8 we had to do with what.

9 MS. CHURCHILL: Now, where is that?

10 VICE-CHAIRMAN SMITH: That's in the copy of the

11 proposed resolution.

12 MS. FERGUSON: There is a section of DNR --

13 MS. CHURCHILL: Oh, thank goodness.

14 VICE-CHAIRMAN SMITH: Just kidding you.

15 Go ahead.

16 MS. CHURCHILL: Actually, when we did these in

17 public hearing, we considered them together. So I'll kind

18 of describe them together first for you.

19 They essentially just change some procedural

20 things with the occupational licenses. So instead of

21 issuing a partial-year license when they first come in and

22 having it expire on birth dates, when a person comes in,

23 they will now get a one-year license.

24 VICE-CHAIRMAN SMITH: I'm having a little

25 trouble hearing you. I'm wondering if you can speak up a

0004

1 bit.

2 MS. CHURCHILL: Sure. Is this better?

3 VICE-CHAIRMAN SMITH: Yes.

4 MS. CHURCHILL: Okay. This just changes some

5 procedural things with the occupational licenses. It

6 changes it -- previously when people would come in, they

7 would get a part-year license that would expire on their

8 birth date. And now, to get a little more streamline

9 process, we're issuing them for one year when they come

10 in, and it expires a year later.

11 So that's essentially what each of these

12 amendments does, just kind of affect that change.

13 VICE-CHAIRMAN SMITH: And that is proposed rule

14 change CSR 45-4 --

15 MS. CHURCHILL: -- .380.

16 VICE-CHAIRMAN SMITH: Okay. Why don't we just

17 act on each one.

18 MS. CHURCHILL: Okay.

19 VICE-CHAIRMAN SMITH: Do we have a motion on

20 45-4.380?

21 COMMISSIONER BATTLE: I so move --

22 COMMISSIONER NIKOLAISEN: Second.

23 COMMISSIONER BATTLE: -- Muriel.

24 VICE-CHAIRMAN SMITH: Any discussion?

25 If not, call the roll.

0005

1 MS. FRANKS: Commissioner Smith?

2 VICE-CHAIRMAN SMITH: Favor.

3 MS. FRANKS: Commissioner Nikolaisen?

4 COMMISSIONER NIKOLAISEN: Favor.

5 MS. FRANKS: Commissioner Battle?

6 COMMISSIONER BATTLE: In favor.

7 MS. FRANKS: By your vote you've adopted

8 11 CSR 45-4.380.

9 MS. CHURCHILL: The next one is

10 11 CSR 45-4.390. And it provides that rather than 30 days

11 before the expiration, it will be 15 days before the month

12 of expiration that the occupational licensee has to file

13 for renewal.

14 So it just kind of changes the timing based on

15 the fact that everything is going to expire at the end of

16 the month now.

17 VICE-CHAIRMAN SMITH: Okay. Do we have a

18 motion on CSR 45-4.390?

19 COMMISSIONER NIKOLAISEN: I move for approval.

20 VICE-CHAIRMAN SMITH: Is there a second?

21 COMMISSIONER BATTLE: I'll second.

22 VICE-CHAIRMAN SMITH: Call the roll.

23 MS. FRANKS: Commissioner Smith?

24 VICE-CHAIRMAN SMITH: Favor.

25 MS. FRANKS: Commissioner Nikolaisen?

0006

1 COMMISSIONER NIKOLAISEN: Favor.

2 MS. FRANKS: Commissioner Battle?

3 COMMISSIONER BATTLE: Favor.

4 MS. FRANKS: By your vote you've adopted

5 11 CSR 45-4.390.

6 VICE-CHAIRMAN SMITH: All right. How about the

7 third one?

8 MS. CHURCHILL: Finally, is 11 CSR 45-10.110,

9 and that changes some of the requirements. For example,

10 sometimes occupational licensees will transfer between one

11 employer to another during the -- during the month that

12 their license expires, and this clarifies which boat is

13 responsible for paying that renewal fee.

14 VICE-CHAIRMAN SMITH: Questions?

15 COMMISSIONER BATTLE: I move in favor of it.

16 COMMISSIONER NIKOLAISEN: Second.

17 VICE-CHAIRMAN SMITH: I have a motion in favor

18 of adoption of 45-10.110.

19 Is there a second?

20 COMMISSIONER NIKOLAISEN: Second.

21 VICE-CHAIRMAN SMITH: Any discussion?

22 If not, let's call the roll.

23 MS. FRANKS: Commissioner Smith?

24 VICE-CHAIRMAN SMITH: Favor.

25 MS. FRANKS: Commissioner Nikolaisen?

0007

1 COMMISSIONER NIKOLAISEN: Favor.

2 MS. FRANKS: Commissioner Battle?

3 COMMISSIONER BATTLE: Favor.

4 MS. FRANKS: By your vote you've adopted

5 11 CSR 45-10.110.

6 VICE-CHAIRMAN SMITH: I was curious about

7 whether -- are we having final hearings yet on the one

8 involving employees of one gaming boat being on a

9 disassociated list with another boat or not?

10 MS. CHURCHILL: I believe that that will be

11 taken up at the next meeting.

12 VICE-CHAIRMAN SMITH: Okay. The next meeting.

13 Is anything any other business?

14 If not, why, I guess -- Kevin, if you'd stay on

15 just a minute. I thought I better talk about where I'm

16 going to meet you.

17 MR. MULLALLY: Sure.

18 VICE-CHAIRMAN SMITH: Muriel, do you want to

19 come over to meet the Governor's staff with us?

20 COMMISSIONER BATTLE: Oh. That -- that would

21 be fine. When --

22 VICE-CHAIRMAN SMITH: You'd have to be there at

23 one o'clock.

24 COMMISSIONER BATTLE: When?

25 VICE-CHAIRMAN SMITH: Today.

0008

1 COMMISSIONER BATTLE: Oh, my goodness. You

2 people really give a person a whole lot of time.

3 VICE-CHAIRMAN SMITH: Well, it was just Glen

4 and I were going to go, and Glen can't go.

5 COMMISSIONER BATTLE: I can't -- I can't at one

6 today.

7 VICE-CHAIRMAN SMITH: There is no other

8 business. Do we have a motion to adjourn?

9 COMMISSIONER NIKOLAISEN: So moved.

10 COMMISSIONER BATTLE: Second.

11 VICE-CHAIRMAN SMITH: All in favor say aye.

12 (UNANIMOUS AYES.)

13 VICE-CHAIRMAN SMITH: I guess it carries.

14 Now, we got her done in a hurry.

15 (Hearing adjourned.)

0009

STATE OF MISSOURI)

2 ) ss.

COUNTY OF COLE )

5 I, Patricia A. Stewart, Notary Public within

and for the State of Missouri, do hereby certify that I

6 was personally present at the proceedings had in the

above-entitled cause at the time and place set forth in

7 the caption sheet hereof; that I then and there took down

in Stenotype the proceedings had and produced with

8 computer-aided transcription and that the foregoing is a

full, true and correct transcript of such Stenotype notes

9 so made at such time and place.

IN WITNESS WHEREOF, I have hereunto set my hand

11 and seal on this 16th day of January, 2001.

My commission expires October 4, 2004.

16 Notary Public - State of Missouri

(Commissioned in Cole County.)