Nevadans lobby for support to quash NCAA bill

Benjamin Grove

Friday, April 27, 2001 | 4:37 a.m.

WASHINGTON -- Forget those dull civics lessons on how a bill becomes law.

For a real-world example of how quiet, behind-the-scenes deal-making often shapes legislation in Congress, look no further than the Nevada delegation's effort to save college sports betting.

In fact, look no further than Rep. Gregory W. Meeks, D-N.Y.

Meeks' Queens district contains high-finance firms, neighborhoods for the working-class poor and JFK International Airport. As is the case with many busy representatives, he rarely gives Las Vegas a second thought.

Meeks, consequently, listened intently when National Collegiate Athletic Association President Cedric Dempsey made his pitch during a 45-minute meeting in March 1999, Meeks' chief policy analyst Mike McKay said.

The pitch: The NCAA needed Meeks' support for a bill that would ban betting on college sports in the one state where it is legal -- Nevada.

Meeks generally dislikes gambling, and he agreed to support the bill. Since then, however, Nevada's four delegates have been working overtime to kill the legislation, waging a high-energy lobbying effort aimed at colleagues such as Meeks.

Their chief strategy is to funnel support away from the NCAA bill and toward their own legislation, which calls for a gambling study and tougher penalties for illegal gambling nationwide.

Reps. Shelley Berkley, D-Nev., and Jim Gibbons, R-Nev., introduced the bill in February and promptly launched two different but effective campaigns for House co-signers. As of last week, 86 members -- 46 Republicans and 40 Democrats -- committed their support. Sens. Harry Reid, D-Nev., and John Ensign, R-Nev., made similar efforts in the Senate.

The NCAA bill, at last count, had 26 co-signers.

Only the Senate Commerce Committee has taken any action: On Thursday it held a hearing on the NCAA bill.

As with most bills in Congress, the college gambling legislation began taking shape well before that first hearing. As a result of the lobbying race between the Nevada delegation and the NCAA, nearly a fourth of the 435-member House has so far signed either the NCAA bill or Nevada's alternative.

During quiet conversations away from public ears -- on the phone, in hallways and in private offices -- alliances have already been forged, and enemies made.

Gibbons' ground war

Gibbons has labored almost exclusively in one-on-one meetings away from the NCAA's eyes, discreetly chatting with certain lawmakers on numerous occasions.

Berkley has used that approach but also has made loud appeals for support at various House caucuses, such the Congressional Black Caucus.

Gibbons first appealed to other gaming-state Republicans and political allies, among them Rep. Jennifer Dunn, R-Wash., a rising GOP star. Gibbons helped Dunn win congressional approval to award former President Ronald Reagan the Congressional Medal of Honor last year. When Gibbons asked to visit her office, casino chief executives in tow, she agreed.

"Besides having great faith in Jim Gibbons and his integrity, I think (his bill) is the right way to go," Dunn said.

In another case, Gibbons warmly welcomed GOP colleague Rep. Asa Hutchinson, R-Ark., to the House Intelligence Committee this year. In March, when the two were on a committee trip to Colombia, Gibbons sat next to Hutchinson on the plane and of course brought up the Nevada bill.

"I took advantage of an opportunity,"Gibbons said. "That's the way you do things."

Hutchinson agreed to sign it, although he remains a co-signer of the NCAA bill as well.

"(Hutchinson) does not believe the two are mutually exclusive," his spokesman Christian Brill said. "After talking with Mr. Gibbons, he thinks these bills address different sides of the same problem."

Gibbons has also sought out long shots: Bible Belt lawmakers and nongaming-state colleagues who are unlikely to sign his bill.

"You'll get them to admit that they understand the merits of our bill, but they feel compelled and pressured to follow the requests of coaches who have already been to them and asked them not to support our bill," Gibbons said.

Berkley's battle plan

Gibbons and Berkley deliberately introduced their bill early this year to beat the NCAA lobbyists out of the gate. Two key points in Berkley's early strategy: gain support of House leaders, then troll House caucus meetings.

Berkley secured several important commitments from influential Reps. Charles Rangel, D-N.Y.; House Minority Whip David Bonior, D-Mich.; and John Conyers, D-Mich., the top Democrat on the Judiciary Committee where the gambling bills will be first considered in the House. She also won the support of top House Democrat Richard Gephardt of Missouri, although he rarely signs bills.

After that, Berkley spoke at four caucus meetings, telling the Hispanic Caucus that the NCAA bill would rob Nevada of minority jobs; she preached states' rights to the conservative Democrat "Blue Dog" Coalition.

Berkley also played host to House first- and second-term lawmakers at a reception in her Washington home, where she made an impassioned plea.

"It's a competition of personalities," her spokesman, Michael O'Donovan, said, generally describing the vital business of lobbying. "What lawmakers achieve in the House is based on personal relationships. Policy is built on those relationships."

Berkley described her lobbying style as direct, honest and passionate. "As a member of the House of Representatives, it is my job to protect the people of Nevada," Berkley said.

Berkley said she talked to about half the House's 211 Democrats and has guided sports book and back-of-the-house casino tours for about 20 lawmakers who visited Las Vegas this year.

The toughest to persuade was Rep. Barney Frank, D-Mass., Berkley said. He originally signed the NCAA bill, briefly supported the Nevada bill last year, then switched again. Berkley's appeal to Frank's strong belief in states' rights failed.

"In this case, there is a conflict of rights," Frank said. "There is a right of colleges not to be bet on, and in my mind, that seems superior."

Both Berkley and Gibbons credit the casino industry for sending executives to Washington to fortify the lobbying effort.

"We are a small state with only two members in the House," said MGM MIRAGE spokesman Alan Feldman, who has had numerous meetings with lawmakers on Capitol Hill including some last week. "We certainly can't just load this all up on Shelley and Jim."

Frank Fahenrokopf, American Gaming Association president and a top lobbyist, said an unnamed senator last year pledged his support for the Nevada bill, then changed his mind after seven college presidents called to bend his ear.

"He essentially said, 'I can't afford to take a chance to help Nevada. I've got to get re-elected,' " Fahrenkopf said.

Sometimes things go the other way. Several casino executives were with Berkley when she met with Meeks in his office last month. After the meeting, Meeks switched his support to the Nevada bill.

"When the congressman co-sponsored the NCAA bill, he had only gotten one side of the story," McKay said. "After getting both sides of the story, he decided not to sponsor the bill."

As is typical, there was also a little horse-trading. Berkley pursued Meeks after she noticed he introduced a bill aimed at the NCAA on another issue: violating due process rights of student-athletes.

"The Nevada delegation reached out to the congressman and said they were willing to work with him on his legislation, but they wanted him to look at their bill," McKay said.

"Once the cameras are off, outside the political circus, a member will go to a member and say, 'I really need help with this issue,' and the other member will usually really listen. There is no lobbying more powerful than that. This is an institution of colleagues. That's how things work."

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