And here is example number one billion of why governments are stupid, ineffective creatures that do more harm than good. The state of Idaho actually has a law that makes using common sense illegal.

Yes, you read that correctly. Right now it is a misdemeanor for prosecutors or police officers to fail to act on a gambling “crime” that they know is in progress. Sure, we want the law to be enforced, but I have never heard of them being held accountable for not doing so before. This whole issue came up when the police raided a senior center and made arrests because a $20 poker game was being played. The police acted on what common sense says to ignore because failing to do so would be against the law, and they took an oath to uphold that law.

People should never knowingly break the law, but it is necessary for the police and prosecutors to use discretion in the enforcement of those laws. How would our society be if the police ticketed everyone who jaywalked, rode a bicycle on the wrong side of the road, or drove one mile-per-hour over the speed limit? Common sense says to focus on the bigger crimes and when it comes to the smaller ones, use your own judgment to determine whether or not it is worth your time.

Luckily, due in part to arrests like the senior center incident, lawmakers in Idaho have changed their minds. Yesterday, Governor Butch Otter (yes, that’s his name) signed a bill into law that allows law enforcement agencies to use their discretion in such cases. The law will go into effect on July 1. From that time on, the police will not be committing a crime if they decide not to haul grandma into jail for betting $5 on a square in the office Super Bowl pool.

The original law came into existence because once upon a time there was rampant illegal gambling going on in Idaho and the authorities were ignoring it. However, time and again we have seen that increasingly restrictive and specific laws usually end up doing away with common sense. In fact, if we just followed common sense, there wouldn’t be need for very many laws at all. After all, do we need a law saying you can’t steal someone else’s property? Obviously that’s bad!

But I digress. The new law is a victory for anyone who favors common sense over Draconian rule. Sense, of course, isn’t all that common, especially in government, so it’s nice to see it prevail on these rare occasions. Now they just need to consider whether or not it’s common sense to let people gamble with their own money.

As the recession that Ben Bernanke and Timothy Geithner won’t admit exists shows no sign of getting better, states are looking at ways to make more money. Right now, most states are hemorrhaging cash and every little bit of revenue is needed. For that reason, Iowa and Kansas are the latest to look at their current gambling laws and discuss whether they need to be changed.

Right now lawmakers in Iowa are considering expanding their legal gambling by expanding the areas where it can occur. Currently casinos can only offer gambling on the gambling floors. The new legislation would allow gambling to occur in other rooms in the casino. The advantage would be that casinos could open poker rooms and start hosting major poker tournaments, which in theory could be a big source of revenue for the state. So it seems that in 2010, the politicians in Iowa finally realized that poker is big and involves a lot of money. In related news, the state legislature has said that they believe that the Internet is starting to catch on. If only there was a way of making money off of the Internet…

Meanwhile, Kansas lawmakers are basically asking for a do-over. In 2007, the Democratic-led Congress passed a law to bring in four state-owned casinos. As early as 2008, they realized that they wrote a terrible law that gave no incentive for anyone to actually buy property, build a casino on it, and open the business. Basically, the state charges way too much upfront for everyone involved and in a bad economy, no one is willing to risk paying that money. This is why Democrats should never try to have anything to do with business or economics. They simply have no understanding of either.

As a result of the bad bill, though the casinos are legal in the state, none exist. Last year, the lawmakers realized that they badly needed the casino revenue due to the recession, but were unwilling to take the time to discuss changing the law because they were too busy dealing with the recession and trying to find ways to help the economy (no, I’m not making this up). So now that, according to the federal government, the recession is over, they want a do-over.

Some Republicans are against amending the law. Republican House Speaker Mike O’Neal said that “they got the deal they wanted. They can live with the deal they got.” The Democratic response was something along the lines of, “Look, we’re Democrats. We always write terrible bills. That’s what we do! (It’s also why we don’t bother reading them). Don’t hold that against us. Let us try again and I assure you we’ll come up with a good one this time!”

The proposed changes in the law are aimed at making it more affordable for companies to come in and start up a casino. Among other things, there would be a drop in the investment that is required of developers from $225 million to $100 million. There is also a fee that must be paid up front to the state for the privilege of allowing the state to run your casino. That fee would drop from $25 million to $11 million. Another change would be to give the developers a larger cut of the profits from the casinos.

It will be interesting to see if the Kansas lawmakers do end up rewriting the gambling bill and if so, whether it will bring any casinos to the state. If not, they can always try again. If at first you don’t succeed…

If there’s one thing the American government is good at (aside from taking people’s money), it’s mistreating Native American tribes. Well, Florida has done it again. Today the Florida House rejected a proposal by Governor Charlie Crist that would have allowed the Seminoles to operate blackjack tables in their casinos in exchange for sharing some of the revenue with the state government. The deal was voted down 17-0. This was the second time they reacted this way. Back in 2007, Crist signed a deal that allowed blackjack in Seminole casinos, but the House voided the bill, stating that Crist did not have the authority to offer that deal. (Oh, so suddenly the government cares what they have constitutional authority to do!)

In a separate vote, the House gambling committee voted 15-2 to give extra help to the tribe’s main competitors, allowing pari-mutuels unlimited poker limits, expanded hours of operation and a lower tax rate. So it seems that they’re willing to help anyone but those “red-skinned savages.” Maybe they’re still holding a grudge because the Seminoles have still yet to surrender to the United States.

In another vote, the House decided to invade Seminole territory, burn down their casinos, and steal all of their money… Okay, I made that up. The Seminole tribe has also taken another route in their request for table games, pointing out that some pari-mutuel facilities in Broward County are offering virtual blackjack games. At the tribe’s request, pencil-pushing bureaucrats from the National Indian Gaming Commission took a trip to south Florida yesterday to check out those machines.

Under the federal Indian Gaming Regulatory Act, the Indian tribes are allowed to offer any game on their reservation that is allowed elsewhere within the state in which the reservation is located. Therefore, if a racetrack in Florida is allowed to offer blackjack, the Seminoles have the right to offer it as well. Dan Adkins, who operates one of the virtual blackjack games in question, says that the game is more like slots and isn’t really blackjack at all.

This is a legal battle that is likely to rage on and it will be interesting to see how things play out. I doubt that the government will send feds into the reservation to shut down the tribe’s blackjack tables, since the Seminoles don’t take kindly to government men telling them what to do. Whatever happens, one this is for sure. The government doesn’t have the best interest of the Seminole, blackjack players or taxpayers in mind. They have their own agenda, whatever it may be, and are looking out for themselves.