WE CAN'T VOTE. I WONDER WHAT IS WORRYING PEOPLE?
           THE SENATE EXPRESSES ITS VIEW ON MANY THINGS. AND IT RESOLVES
           DISPUTES LIKE THIS REGULARLY. BUT IN THIS CASE, UNLESS SOME
           FUTURE DATE, WHO KNOWS WHETHER, WE WON'T BE PERMITTED TO
           EXPRESS THE COLLECTIVE SENATE'S WILL BY VOTING ON THIS ISSUE
           WHICH IN 30 MINUTES COULD BE KNOWN BY ALL SIDES AND ALL PARTIES
           AND A GOOD DECISION COULD BE MADE BY THE SENATE. I THANK THE

           DISTINGUISHED SENATOR FROM NEVADA. MR. BRYAN: MR. PRESIDENT?
           
           

           THE PRESIDING OFFICER: THE SENATOR FROM NEVADA, IN BRYAN IS
           RECOGNIZED.
           

           MR. BRYAN: I THANK THE DISTINGUISHED OCCUPANT OF THE CHAIR. MR.
           PRESIDENT, I WANT TO CHANGE THE FOCUS OF THE DISCUSSION ON THE
           FLOOR FROM THE PREVIOUS COLLOQUY BETWEEN THE SENIOR SENATOR
           FROM NEVADA AND THE SENIOR SENATOR FROM NEW MEXICO. EARLIER
           TODAY, THE SENATOR FROM KANSAS, MR. BROWNBACK TOOK TO THE FLOOR
           TO ARGUE ON BEHALF OF A PIECE OF LEGISLATION THAT WOULD EFFECT
           ONLY MY STATE AND EFFECT IT IN A VERY PROFOUND AND NEGATIVE
           WAIVE. THE AS SENTENCE BELL PURPOSE OF THE LEGISLATION I THINK

           ALL OF US CAN GRIEF UPON AND I WANT TO PUT THE DISCUSSION IN
           THE CONTEXT OF AS I SEE IT. WE ARE TALKING ABOUT THE ILLEGAL
           WAGERING AND SPORTS -- COLLEGE SPORTS, PARTICULARLY WAGE RING
           BY UNDERAGE COLLEGE STUDENTS INCLUDING STUDENT ATHLETES. I
           THINK THERE IS NO DISAGREEMENT, MR. PRESIDENT, THAT THIS IS A
           SERIOUS PROBLEM AND ONE THAT RECOGNIZES AND OUGHT TO BE
           ADDRESSED IN A VERY SERIOUS WAY. THE NATIONAL CLEM AT ATHLETIC
           ASSOCIATION TESTIFIED BEFORE THE COMMERCE COMMITTEE ON WHICH I
           SERVE AS THEY DID BEFORE THE NATIONAL GAMBLING IMPACT STUDY

           COMMISSION THAT THERE ARE ILLEGAL STUDENT BOOK IS ON VIRTUALLY
           HE HAVE COLLEGE CAMPUS IN AMERICA. INCLUDING SOME INDIVIDUALS
           WITH LINKS TO ORGANIZED CRIME. I DO NOT DISAGREE WITH THAT
           
           ASSESS: THE MATTER IS SO RECEIVE YURS SOME STUDENTS HAVE
           ACTUALLY BEEN THREATENED WITH BODILY HARM TO COLLECT GAMBLING
           DEBTS OWED TO ILLEGAL STUDENT BOOK IS. I DO NOT DISAGREE WITH
           THAT ASSESSMENT. THE NCAA HAS KNOWN AT LEAST SINCE THE
           THREE-PART INVESTIGATIVE SERIES PUBLISHED BY SPORTS ILLUSTRATED

           IN 1995, THAT THE ILLEGAL GAM BLIPG PROBLEM ON AMERICA'S CLEM
           CAM MUSS WAS WIDESPREAD AND GROWING. A RECENT UNIVERSITY OF
           MICHIGAN SURVEY FOUND THAT HALF OF ALL MALE STUDENT ATHLETES
           NATIONWIDE, THAT'S 45%, GAMBLED ILLEGALLY ON COLLEGE AND
           PROFESSIONAL SPORTS. A NATIONWIDE SURVEY OF NCAA DIVISION ONE
           MALE BASKETBALL AND FOOTBALL STUDENT ATHLETES CONDUCTED FOR THE
           NCAA BY THE UNIVERSITY OF CINCINNATI RESEARCH TEAM, FOUND THAT

           OVER ONE-FOURTH GAMBLED ON COLLEGE SPORTS. SADLY, A SMALL
           NEUROMUSCULAR NUMBER IN EACH SURVEY GAMBLED ON GAMES IN WHICH
           THEY PLAYED. THIS IS WRONG. BEYOND THE BROADER ISSUE OF THE
           EXTENT TO WHICH STUDENT ATHLETES AND STUDENTS IN GENERAL GAMBLE
           ON SPORTS ILLEGALLY THERE ARE THE TROUBLE CASES OF IMPROPER
           INFLUENCE BEING EXPERTED ON -- EXERTED ON STUDENT ATHLETES FROM
           THOSE WHO SEEK TO GAIN FROM FIXED GAMES. THIS REPREHENSIBLE

           CONDUCT HAS REARED ITS UGLY HEAD ON OCCASION SINCE AT LEAST THE
           1940'S. PARTICULARLY IN THE COULD BE TEXT OF COLLEGE
           BASKETBALL. WHILE THE NCAA'S RECENT RHETORIC LEAVES THE IMPRESS
           THAT SUCH POINT SHAVING OR FIXING OF GAMES IS RAMPANT, WE CAN
           BE THANKFUL THE RECORD BELIES THAT RHETORIC. THE TWO RECENT
           SCANDALS OF THIS TYPE, THOSE AT NORTHWESTERN UNIVERSITY AND
           ARIZONA STATE UNIVERSITY TOOK PLACE MORE THAN FIVE YEARS AGO IN
           THE MID-1990'S. THE INTEGRITY OF VIRTUALLY ALL THOSE WHO COME

           PETE IN COLLEGE ATHLETICS IS VERIFIED BY THE FACT THAT THERE
           WERE A HANDFUL OF SUCH SCANDALS IN THE 1990'S, OUT OF TENS OF
           THOUSANDS OF GAMES PLAYED. WHILE NOT A SINGLE SPORTS BRIBERY
           SCANDAL SCHEDULED BE TOM RATED, WE NEED TO KNOW WHY THEY OPEN
           KURD AND BY WHAT MEANS. THE RECORD IS CLEAR FOR THOSE STUDENT
           ATHLETES WHO VIOLATED THE TRUST OF THEIR TEAMMATES AND SCHOOLS
           BY ENGAGING IN ILLEGAL SPORTS WAGERING. AS A RESULT OF THEIR
           ILLEGAL WAGERING THEY PUT THEMSELVES IN DEBT TO THE POINT WHERE

           THEY COMMIT HEINOUS ACTS OF BETRAYAL TO PAY OFF DEBTS TO
           ILLEGAL BOOK IS. IF MERELY PASSING LAWS PROHIBITING UNREGULATED
           SPORTS GAMBLING WERE ENOUGH NO STOP IT, THE PRACTICE WOULD NOT
           BE SO WIDESPREAD TODAY. SPORTS GAMBLING HAS BEEN ILLEGAL FOR
           DECADES IN ALMOST EVERY STATE AND CONGRESS ENACTED IN 1992 AN
           ACT TO PREVENT STATES FROM ADDING SPORTS-BASED GAMES TO THEIR
           STATE LOTTERIES. THAT SAME STATUTE, THE PROFESSIONAL AND

           AMATEUR SPORTS PROTECTION ACT, ALSO PROHIBITS PERSONS FROM FROM
           ENGAGEING IN SPORTS-BASED WAGERING SCHEMES, CONTESTS MUCH
           SWEEPSTAKES. SIMILARLY WAGEERING AND SPORTS OF ANY KIND,
           COLLEGE OR PROFESSIONAL IS ALREADY A VIOLATION OF NCAA BY LAW
           NUMBER 10.3. A REVIEW OF THE NCAA PUBLICLY AVAILABLE COME
           COMPUTER DATA PACE OF RULES INFLAX CASES INDICATES THAT AS OF
           199, AND THAT IS THE LAST YEAR NOR WHICH DATA HAS BEEN POSTED,

           ENFORCEMENT OF BY LAW 10.3 BY THE NCAA IS IN FREQUENT AND
           SPOTTY ADD BEST. -- INFREQUENT AND SPOTTY AT BEST. THE DATABASE
           REVEALS THEY BROUGHT ONLY 23 ENFORCE. ACTIONS AGAINST STUDENT
           ATHLETES FROM 196 TO 199, EVEN THOUGH THE UNIVERSITY OF
           MICHIGAN AND UNIVERSITY OF CINCINNATI STUDIES INDICATED THAT
           THOUSANDS OF VIOLATIONS OCCURRED. IN SOME OF THE 23 CASES THE
           VIOLATIONS CENTERED ON SUCH ROUTINE PRACTICES AS STUDENTS
           WAGERING TEAM SOLDIER SINCE WITH EACH OTHER. IN THE FACE OF

           ORGANIZED STUDENT BOOKMAKING OPERATION WITH LINKS TO ORGANIZED
           CRIME KHEFIK CHECK HANDLING LARGE SUMS OF CASH WAGERS, SUCH
           ENFORCE. STRATEGY IS AT BEST MISPLACED. AGAINST THIS BACKDROP
           OF A SERIOUS NATIONAL PROBLEM WITH ILLEGAL SPORTS GAMBLING, THE
           LEGISLATION TO WHICH I PREVIOUSLY REPREFERRED, S. 2340 TAKES
           THE VERY PECULIAR APPROACH OF TARGETING THE ONLY PLACE IN
           AMERICA WHERE SPORTS WAGERING IS LEGAL, REGULATED, POLICED,

           TAXED AND CONFINED TO ADULTS OVER THE AGE OF 2. THE STATE OF
           NEVADA. FURTHERMORE, THE FACTS ARE THAT LEEFM WAGERING IN
           NEVADA AMOUNTS TO ONLY ABOUT 1% OF ALL SPORTS GAMBLING
           NATIONWIDE. 99% OF WHICH IS ALREADY I AM LEGAL. THE NATIONAL
           IMPACT GAMBLING COMMISSION SAID WAGERING IN THE UNITED STATES
           RAIFMGD FROM $380 -- $80 BILLION TO $0 BILLION ANNUALLY. IN

           CONTRAST WAGERING IN NEVADA LAST YEAR TOTALED APPROXIMATELY
           $2.5 BILLION WITH ROUGHLY A THIRD OF THAT A BID ON CLEM SPORTS
           EE VEPS. THE STPHRAL QUESTION THEN WHICH SUPPORTERS OF THE
           SHAPECHUR FAILED TO ANSWER ADEQUATE LIVE IS HOW DOES PREVENT
           ADULT DUE RIFLT AND CONVENTION NEERGS FROM PLACING SPORTS WAY
           SOLDIERS IN NEVADA EFFECT WHAT HAPPENS ON AND OFF COLLEGE
           CAMPUSES IN THE OTHER 49 STATES?
           EACH OF THE APRIL TEMPTED ANSWERS TO THIS CENTRAL QUESTION IS

           COMPLETELY UNPERSUASIVE. FIRST, THE CENTRAL PREMISE UNDERLYING
           THIS LEGISLATION IS THAT ELIMINATING THE SMALL AMOUNT OF LEGAL
           SPORTS WAGERING IN NEVADA WILL CAUSE NEWSPAPERS ACROSS THE
           COUNTRY NOT TO PUBLIC LIR BETTING LINES OR POINT SPREAD.
           THEREBY CURBING ILLEGAL GAMBLING ACTIVITY. THIS NOTION IS
           FURTHER EVIDENCED BIFF THE COMMITTEE REPORT A CONGRESS S. 2340
           THE AMATEUR SPORTS INTEGRITY ACT THAT STATES "POINT SPREADS ARE
           GENERATED FOR NO OTHER REASON THAN TO FACILITATE BETTING ON

           COLLEGE SPORTS." IT IS IMPORTANT TO NOTE THAT NEITHER THE
           COMMERCE COMMITTEE NOR NATIONAL GAMBLING IMPACT STUDY
           COMMISSION TOOK TESTIMONY FROM NEWSPAPERS TO DETERMINE IF IN
           FACT THEY WOULD SEIZE PUBLICATION OF BETTING LINES IF SPORTS
           GAM BLIPG WERE MADE ILLEGAL IN NEVADA. SIMILARLY NO TELL WAS
           TAKEN TO -- TESTIMONY WAS TAKEN TO DETERMINE IF SPORTS WAGERING
           WOULD BE REDUCED IF NEWSPAPERS SEIZED PUBLISHING THIS
           INFORMATION. I MADE HAS POINT AT THE TIME OF THE HEARING ON S.
           2340 THAT IT IS NOT TOO SHALL TO ASK THAT SUCH DUE DILIGENCE BE

           CONDUCTED BEFORE A LEGAL INDUSTRY AND ITS EMPLOYEES ARE
           LEGISLATED OUT OF EXISTENCE. MR. PRESIDENT, JUST RECENTLY THE
           NEWSPAPER SOAKS OF AMERICA, SPEAKING ON BEHALF OF AMERICA'S
           NEWSPAPERS, BROKE THEIR SILENCE AND SHARED THEIR THOUGHTS T.
           THOUGHTS ON THIS LEGISLATIVE PROPOSAL. AND NOT SURPRISINGLY,
           THEY COMPLETE HE REFUTEED THE PRIMARY PREMISE, THE UNDERLYING
           ARGUMENT PUT FORTH BY THE SPONSORS OF THIS LEGISLATION. AND I
           WOULD LIKE TO SHARE WITH MY COLLEAGUES THE CONTENT OF THEIR
           LETTER TO THE HOUSE JUDICIARY COMMITTEE. MR. PRESIDENT, THIS IS

           A LETTER DATED JUNE 7 OF THIS YEAR ADDRESSED TO THE CHAIRMAN
           AND RANKING MEMBER OF THE HOUSE JUDICIARY COMMITTEE. LET ME
           READ THE OPERATIVE PROVISIONS. "IF CONGRESS PROHIBITS GAM BLIPG
           ON COLLEGE SPORTS, THE -- GAMBLING ON COLLEGE SPORTS, THE
           NEWSPAPER ASSOCIATION OF AMERICA BELIEVES NEWSPAPERS WILL
           CONTINUE TO HAVE AN INTEREST IN PUBLISHING POINT SPREAD ON
           COLLEGE GAMES SINCE POINT SPREADS APPEAR TO BE USEFUL IF NOT
           VALUABLE TO NEWSPAPER READERS WHO HAVE NO INFECTION OF BETTING

           ON GAMES." THAT IS A PRETTY CLEAR STATEMENT. THAT THIS SOAKS
           REPRESENTING AMERICA'S NEWSPAPERS BELIEVE THAT NOTWITHSTANDING
           ANY LEGISLATION PROHIBITION, THE NEWSPAPERS IN AMERICA WILL
           CONTINUE TO PUBLISH THESE POINT SPREAD ON COMBAIMS. AND THEN
           THE LETTER GOES ON TO POINT OUT "ACCORDING TO MA NATIONAL
           HARRIS POLL TAKEN OF SOME 1024 RESPONDENTS CONDUCTED DURING THE

           APRIL 7 TO APRIL 12 PERIOD, 0% OF RESPONDENTS WHO READ OR
           LOOKED AT POINT SPREADS ON COLLEGE SPORTS DO SO TO OBTAIN
           INFORMATION ABOUT A FAVORITE COLLEGE TEAM AND TO INCREASE THEIR
           KNOWLEDGE ABOUT AN UPCOMING SPORTING EVENT. ONLY 11% OF THE
           RESPONDENTS SAID THAT READ OR LOOK AT POINT SPREADS AND COLLEGE
           SPORTS TO PLACE A BET WITH THE BOOKMAKER. THE NATIONAL
           ASSOCIATION -- THE NEWSPAPER ASSOCIATION OF AMERICA BELIEVES

           THAT PUBLICATION OF POINT SPREADS PROVIDES USEFUL INFORMATION
           TO MILLIONS OF NEWSPAPER READERS OF WHOM 96% ARE 2 AND OVER.
           AND THEN THE SECOND OBSERVATION THE ASSOCIATION MADE. SECOND,
           MOUNTING THE SPOTLIGHT ON PUBLISHED POINT SPREADS IN NEWSPAPERS
           FAILS TO ACKNOWLEDGE THAT AN INDIVIDUAL CAN OBTAIN POINT
           SPREADS ON COLLEGE GAMES THROUGH MANY DIFFERENT SOURCES. THESE
           SOURCES INCLUDE SPORTS TALK SHOWS ON RAY YO AND TELEVISION
           MAGAZINES, TOLL FLEE TELEPHONE SERVICES AND THE INTERNET.

           ILLEGAL BOOK IS ON COLLEGE CAMPUSES AND THE GENERAL POPULATION
           WILL CONTINUE TO SET THE BETTING LIONS INDEPENDENT OF ANY
           PUBLISHED POINT SPREAD. ANYONE INTENT ON PLACING BETS ON GAMES
           CAN AND WILL OBTAIN POINT SPREADS EVEN IF THEY ARE NOT
           PUBLISHED IN IN THE NEWSPAPER. MR. PRESIDENT, I WOULD ASK
           UNANIMOUS CONSENT THAT THIS LETTER WHICH I HAVE IDENTIFIED BE
           PLACED IN THE RECORD.
           

           THE PRESIDING OFFICER: WITHOUT OBJECTION.
           

           MR. BRYAN: I THANK THE PRESIDENT. MR. PRESIDENT, THE NCAA HAS
           THREATENED FOR YEARS TO DID HE NINE THE NCAA SPONSORED
           TOURNAMENT PRESS CREDENTIALS TO NEWSPAPERS THAT PUBLIC I SHALL.
           BUT THEY HAVE NEVER DONE SO. THESE HOLLOW THREATS ARE FURTHER
           EVIDENCE OF THE FUTILITY OF THIS EXERCISE. SECONDLY WE HAVE
           BEEN TOLD THAT THIS LEGISLATION, WHILE ADMITTEDLY NO MAN SEEP
           A, WILL SEND A MESSAGE TO STUDENTS AND OTHERS THAT SPORTS
           GAMBLING IS ILL LEGAL. AGAIN THERE IS A COMPLETE ABSENCE OF ANY

           EMPIRICAL EVIDENCE OR FACT-BASED TESTIMONY THAT AMERICA'S
           COLLEGE STUDENTS FOR ADULTS FOR THAT MATTER, WILL HEED SUCH A
           SO-CALLED MESSAGE. BY THIS LOGIC WE SHOULD REINSTATE
           PROHIBITION ON SERVING ALCOHOL TO ADULTS OFFER THE AGE OF 2. SO
           SEND A MESSAGE TOO MY -- OF 2. TO SEND A MESSAGE TO UNDER AGE
           AND BINGE DRINE KERS ON CAM MUST. IT A MICE WITH EQUAL FORCE
           THIS LEGISLATION. THE REAL MESSAGE LEGISLATION WILL SEND IS

           SHIRKING RESPONSIBILITY AND POINTING NINGS AT OTHERS IS THE
           APPROPRIATE MANNER IN WHICH TO HANDLE A SERIOUS NATIONAL
           PROBLEM. EVERYONE SHOULD AGREE A PROBLEM SO PERVASIVE ON
           COLLEGE CAM MUSS SHOULD BE ADDRESSED COMPREHENSIVELY AND WITH A
           SERIOUS COMMITMENT FROM THE NCAA AND IS MEMBER INSTITUTIONS
           INCLUDING FEDERAL REQUIREMENTS AND APPROPRIATE LEGISLATION.
           WHILE WE HEARD CONSIDERABLE RHETORIC AT OUR EXAMINERS COMMITTEE
           HEARING CONCERNING WHAT THE NCAA INTEND TO TO ABOUT ILLEGAL

           DWAM BLINK ON COLLEGE CAM MUSTS THERE WAS VERY LITTLE TESTIMONY
           CONCERNING WHAT CONCRETE STEPS THE NCAA HAS TONE AT THAT DATE.
           FOR EXAMPLE THE CHAIRMAN OF THE EXECUTIVE COMELT EEP TESTIFIED
           THAT DURING THE TEN YEARS HE HAS SERVED AS PRESIDENT OF HIS
           UNIVERSITY, HE COULD NOT RECALL A SINGLE CASE OF A STUDENT
           BEING EXPELLED OR OTHERWISE DISCIPLINED FOR ILLEGAL GAMBLING,
           EVEN THOUGH HE ACKNOWLEDGED THERE ARE ILLEGAL STUDENT BOOK IS
           ON HIS CAM MUST. WE ARE REMET HE HADLY TOLD BY THE SPONSORS OF
           THIS STHAIGS THAT THE NCAA HAS PLNS TO STEP UP ITS

           ANTI-GAMBLING INITIATIVES. THE FACTS BELIE THIS ASSERTION. FOR
           EXAMPLE, THE NCAA'S TOTAL OPERATING REVENUE FOR 1998-1999 WAS
           $283 MILLION. WITHIN THIS OVERY'ALL BUDGET THERE WAS A LINE
           ATEM FOR -- AND I QUOTE -- "SPORTS AGENTS AND GAMBLING" THAT
           EQUALS $64,000. SIMILARLY THERE LINE-ITEM FOR 1999-2000 IS
           $139,000 OUT OF A
{END: 2000/07/25 TIME: 17-00 , Tue.  106TH SENATE, SECOND SESSION}