Legislature grabs for gaming power

Lawmakers vote for final say on compacts; Doyle coy on veto

By DENNIS CHAPTMAN dchaptman@journalsentinel.com, Journal Sentinel

Saturday, February 22, 2003

Madison -- In a showdown with Gov. Jim Doyle over big-money casino deals, the state Legislature passed a measure Friday that would snatch from the governor sole authority to approve tribal gambling compacts.

The Republican-controlled Senate and Assembly, meeting in a rare extraordinary session, passed a bill giving lawmakers the final say on the gaming agreements.

Doyle, a Democrat whose administration has hammered out a controversial long-term deal with the Oneida Indian tribe aimed at helping fix a state budget deficit, opposes legislative oversight of the compacts but would not say Friday whether he would veto the measure.

The quick legislative action came after Doyle's administration reached a tentative agreement with the Oneida this week that would allow the tribe to add craps and roulette to its casino, would lift betting limits and would have no expiration date. Compacts now have to be renewed every five years.

Sen. Bob Welch (R-Redgranite), co-sponsor of the bill, said Doyle misjudged the willingness of the Legislature and the public to accept sweeping agreements that expand gambling in return for cash.

"They were done in secret in a sweetheart deal, and none of us were consulted," said Welch. "What Gov. Doyle misunderstood is that, for a short-term gain of money, we would be willing to sell our oversight of gambling forever."

The Senate passed the measure on a voice vote, while the Assembly voted 58-31 and sent the bill to Doyle, who is trying to negotiate new compacts that raise the state's take from $24.5 million a year to $286 million over two years.

Now, the question is how Doyle will respond. At an appearance Friday night in La Crosse, Doyle said: "I'm just going to have to look at the bill. There were clearly enough votes to sustain a veto."

Doyle: GOP power grab

In a statement released by his office Friday night, Doyle made it clear that he believed the vote was nothing more than partisan politics.

"The same Republican legislative leadership that made this power grab today sat silently for years when former Gov. (Tommy G.) Thompson negotiated compacts that returned one-fifth of what is being proposed," he said.

"These same Republican leaders voted against giving the Legislature the power to approve compacts in 1997 and former Gov. Thompson vetoed similar legislation in 1999 as well," Doyle added. "The only difference between then and now is that the political party of the governor has changed."

Doyle has six days after receiving the bill -- probably Monday -- to take action on it, and nothing prevents him from acting on the compacts in the meantime.

Marc Marotta, Doyle's administration secretary, did not rule out entering into compacts before the governor takes action on the bill.

Panzer said she hoped to avoid a showdown with the governor.

"I'm optimistic that we won't have to face a veto override," she said. "I would be disappointed if the governor wouldn't work with us as a working partner."

State Rep. Dan Schooff (D-Beloit) said the bill was an effort by Republicans to sap Doyle's power at a key moment.

"This is about pure political power," he told GOP lawmakers. "You want it. He's got it. We're not going to give it to you."

Democrats also argued that the Republican rush to get the bill to the floor was aimed at unraveling Doyle's proposed budget, which calls for increasing tribal gaming revenue to help fill a $3.2 billion state budget deficit.

"Many of you criticized the governor that the state wasn't getting enough money, and now you're criticizing him because he got too much," said Sen. Robert Jauch (D-Poplar). "It's all about undermining the governor."

However, Assembly Speaker John Gard (R-Peshtigo) said he was concerned because the compact is open-ended and goes on forever.

"If you make a mistake forever, you never get to undo it," he said. "People say we're trying to embarrass the governor. I think he's doing a pretty good job himself."

Doyle, however, denied the contracts are perpetual, saying there are several clauses in it that could prompt it to be renegotiated.

"The assertion that the compacts last forever with no ability to change them is simply wrong," he said in a statement. "Every five years, we can re-visit the regulations and, in 25 years, amend any aspect of the compact. In addition, in some cases, if revenue rises or falls significantly, there can be changes to the compacts."

Doyle also said the Republicans were motivated by the Tavern League of Wisconsin, which strongly opposes the expansion of Indian gaming.

"Today's events suggest that old-time, special-interest politics controlling the Legislature appear to be alive and well in Wisconsin," he said. "I find it unbelievable that the Legislature is going to try to deny the state $286 million in payments, 20,000 new jobs and hundreds of millions of dollars in new investments all to satisfy the Tavern League's political agenda."

Senate Majority Leader Jon Erpenbach (D-Middleton) said he supported the bill but doubted the Senate could come up with the two- thirds vote needed to override a potential veto. He added he would not vote to override.

Another Democrat who backed the bill was Sen. Chuck Chvala (D- Madison), who said one man should not have control over such sweeping measures.

"We solved a short-term problem by giving away a gambling monopoly in perpetuity," he said. "Desperate times, desperate circumstances, desperate governors sometimes make mistakes. I believe these compacts are mistakes."

Donations under scrutiny

Republicans also criticized the compacts in light of a Journal Sentinel report that Doyle's campaign benefited from more than $700,000 in soft-money contributions from the Ho-Chunk, Potawatomi and Oneida tribes to the Democratic National Committee just days before the Nov. 5 election.

Within days of receiving that money, the national party sent the state Democratic Party a check for $1 million to help pay for campaigns here, including Doyle's, columnists Cary Spivak and Dan Bice reported Friday.

Sen. Mike Ellis (R-Neenah) said such deals are a naked example of the influence of campaign cash and reinforce the need for legislative oversight of the compacts.

"We are selling the integrity of Wisconsin down the sewer," he said. "We are telling the people of this state that your vote counts only after we buy the election."

Ellis said the tribal contributions and the generous compacts Doyle's administration advocates make the long-brewing Capitol caucus scandal look like stealing a gumball in a penny arcade.

Sen. Scott Fitzgerald (R-Juneau) agreed the compacts are tainted by the revelation of the tribal contributions. "This whole thing stinks. It's a black eye for government. It's a black eye for the executive branch," he said.

Asked in Eau Claire on Friday night whether his position on the expanded gaming compacts was related to the soft-money contributions, Doyle said, "There is no connection."

Jeff Crawford, attorney general of the Forest County Potawatomi tribe, said he was perplexed by the Legislature's move Friday.

"We feel like the rules have been changed in the ninth inning with two outs, and we don't understand why," Crawford said. "We have been very public for months about our wishes for long-term contracts and have said we're willing to help the state of Wisconsin out. When we do exactly what we said, apparently that was a surprise."

Journal Sentinel correspondent David J. Marcou, reporting from La Crosse, contributed to this report.

WHAT'S NEXT

-- Lawmakers on Friday passed a bill requiring legislative approval for tribal gaming compacts. The governor now has sole authority to do so.

-- The measure is expected to be given to Gov. Jim Doyle on Monday.

-- Doyle, who may veto the measure, has six days to act on it.

-- It would take a two-thirds vote of each house to override a veto.

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