MADISON, Wis., May 23 -- "Today, Governor Doyle will receive AB 461 which grants the legislature an up or down vote on concurrence of off- reservation casino proposal, and there are no shortage of reasons for him to support this common-sense piece of legislation," said Brian J. Nemoir, Executive Director of Enough!.
In an effort to help Governor Doyle make the right choice in signing AB 461, Enough! has produced a list of reasons for support:
Common Sense First, not Casino Interests:
AB 461 puts common sense before off-reservation casino interests. Casino interests have funneled over $1 million dollars into efforts designed to elect/re-elect Governor Doyle. The system of approving off-reservation requests leaves the decision of granting approval in the hands of one person, the Governor. A system allowing single-entity approval of off-reservation requests, raises ethical questions and may present opportunity for abuse.
Consistency Counts:
As Attorney General, Jim Doyle opposed the expansion of off-reservation gaming, going so far as to send a letter to Bureau of Indian Affairs (BIA) registering his opposition. His concerns regarding off-reservation casino expansion continued prior to and once elected Governor. In a December 2002 interview, he stated:
It seemed to me that the question of off-reservation gambling in particular is one that the state Legislature should decide, because that's really a large policy decision for the state ... And I thought that that's the area in particular where the Legislature, as the elected representatives of the people, ought to have some say. --Governor-elect Jim Doyle, WisPolitics.com (12/30/2002)
Enough! hopes Governor Doyle, who has in the past not only opposed the expansion of off-reservation gaming but also supported legislative oversight, reaffirms his record as AG and the commitment he made as a candidate for governor in 2002.
2004 Case Re-Affirms Legislature's Roll in Concurrence:
Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin v. United States, 367 F. 3d 650, 665 (7th Cir. 2004), reaffirmed the Legislature's ability to play a role. The Seventh Circuit Court of Appeals held:
Additionally, the Governor of Wisconsin's power to respond to the Secretary of the Interior's request for concurrence is not without a check in the Wisconsin Legislature. Indeed, on two occasions, the Wisconsin Legislature has attempted to curtail the Governor's power to concur. See 1999 Wis. Act 9, Sec. 7(q), and 2003 Assembly Bill 144. Although the Legislature did not override the Governor's veto of either bill, the Wisconsin Constitution provides a mechanism for the Legislature to do so. See Wis. Const. Art. 5 Sec. 10(2)(a).
Wisconsin Attorney General Peg Lautenschlager, in her brief on behalf of Governor Jim Doyle,
argued in support of the Court's finding,
"Of course, a governor's power remains fully subject to state law, including limits imposed by the state legislature: if a legislature desires to place strictures on the governor's communications with the Secretary, it is free to do so within the limits of applicable state law." Doyle Cuts Public Out of Approval Process of Five New Casinos:
The amendments to the gaming compacts negotiated and signed by Governor Doyle, have enabled an exponential growth of gambling in the state. For example, buried within the Ho-Chunk Nation's latest compact is a little-known provision allowing five of the six new gaming facilities to be built without any public approval.
The 2003 compact with the Ho-Chunk Nation allows them to build six new casinos in the following counties: Dane, Sauk, two in Jackson, Wood and Shawano. The only limitation to five of the six new casinos is that 50% of the lot need be used "for purposes other than gaming." Five of the six new casinos would require no local approval or input. Governor Doyle's signature upon AB461 would re-insert the public in the approval process through their representative in the legislature.
Checks-and-Balance Approach used by other States:
There are currently six other states that utilize a system of checks-and- balances versus a single decision maker approval of off-reservation approvals. Kansas, Minnesota, Connecticut, Idaho, New Mexico and Colorado all employ multi-body decision making process.
While the Governor has stated otherwise, legislative oversight falls within the process of off-reservation approval outlined by BIA, implementation of similar provisions by other states and a May 12th memo by the non-partisan Legislative Council reaffirm this position.
Three out of four Wisconsinites and a bi-partisan legislative believe oversight necessary:
In two separate polls commissioned by Enough!, the public overwhelmingly felt that legislative oversight was in the best interest of the state. In an early June 2005 poll, 70% of the respondents thought legislative oversight was a good idea. In another poll conducted later in the month, and released publicly on June 22, 76% approved of legislative oversight.
Having heard a strong message from constituents, the legislature's support of AB461 was solid, with the bill receiving bipartisan passage in both houses.
The Assembly passed the bill 58-37, and the bi-partisan support in the Senate also sent a clear and strong message of support, passing 21-10.
When is Enough, Enough!:
According to the aforementioned June 2005 poll, 74% of the respondents believed we already have enough casinos in the state, and with 18 different gaming facilities in the state offering nearly 17,000 slot machines and almost 300 Las Vegas-style table games presenting plenty of opportunities for both those that enjoy gaming and the tribes. There are no shortage of gaming opportunities in the state.
Oversight, Not-Compact Negotiations:
AB 461 does not allow the legislature to negotiate compacts with tribes, but only provides an up or down vote on off-reservation requests. Not unlike any piece of legislation, legislative and executive approval would be necessary for it to become a reality. Legislative oversight does not "kill" off-reservation proposals, it only inserts a common sense system of checks- and-balances.
"Governor Doyle would be well-served by remaining consistent in his support of legislative oversight by signing AB 461. There is a need for a system of checks-and-balances as well as the overwhelming desire that the residents of our state have for legislative oversight," said Nemoir. "By vetoing AB 461 Governor Doyle would be changing his position while defeating sound public policy, providing a coveted win for gaming special interests looking to determine the future of off-reservation expansion in our state."
Enough! is a growing and diverse grassroots coalition opposed to the expansion of off-reservation gambling in Wisconsin. For more information please contact Brian J. Nemoir, Executive Director at 608.268.6777 or visit: http://www.enoughwi.com