rep3@wyomingnews.com

CHEYENNE - Grab the cards, it's nearly time to head for the local watering spot and a friendly round of poker.

Social gamblers and bar owners came up aces in the House as legislators passed Senate File 23 during third reading on Thursday.

"We want to protect the proprietor," said Rep. Jerry Iekel, R-Sheridan.

In a December 2004 opinion, Attorney General Pat Crank said that drinks or food sold to people playing poker in a bar or restaurant could lead to a felony charge for the bar owner.

The reason, Crank wrote in his opinion, was the exchange of money for any refreshments equated to an indirect benefit for a bar owner with a game taking place in his or her establishment.

SF 23 removes "indirect" from the Wyoming statutes.

"It comes down to we're trying to get around an attorney general's opinion," said Rep. Elaine Harvey, R-Lovell, speaking against the bill. "We just need to stop and analyze what it is that we really want."

Rep. Kermit Brown, R-Laramie, argued that the legislation is not a runaround of the attorney general and that it does accomplish exactly what the Legislature wants.

"This social gambling is legal," Brown said.

It is legal in Wyoming to play poker in public as long as it is part of a social relationship and interaction. In essence, the law means a group of friends or co-workers can gather together and play a game of cards.

But if that impromptu game took place in a bar and the proprietor or the wait staff were to serve so much as a soda or popcorn to anyone actively taking part or associated with the game, the bar owner would be considered a professional gambler.

Brown said this bill allows the Legislature to clarify its stance as to whether the law should harm business owners of an establishment that benefits from an incidental poker game.

"If you want to make this a felony, then vote for this amendment," Brown said of a move to drop the language regarding proprietors in the bill.

But Rep. Dan Dockstader, R-Afton, said the bill applies to far more than just incidental games of poker.

"It opens a level of gambling we've not experienced before in this state," Dockstader said.

Rep. Keith Gingrey, R-Jackson, agreed. Gingrey said the bill will allow for widespread poker nights at bars that can become an integral part of that business and benefit it greatly.

And poker games will be made legal through a simple step, he added.

"They introduce everyone at the table - now they have a social relationship," Gingrey said. "I know Joe - we just met. We have a social relationship."

Aside from the few lines buried in the back of the bill that dealt with social gambling, the brunt of the bill worked to further clarify what games of chance are legal in Wyoming and under what circumstances. It also dealt with the thorny issue of electronic bingo.

"As I've tried to explain, the intent of this is to eliminate electronic bingo in this state," said Rep. Pat Childers, R-Cody.

SF 23 passed third reading in the House on a 44 to 16 vote. The bill returns to the Senate for a vote on the modifications the House made.