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Journal Record, The (Oklahoma City): Okla.-Tribal Gaming Act touted as both savior and downfall of s

An effort to expand casino gambling in Oklahoma is being touted as both education's savior and the downfall of state government.

State Question 712, the State-Tribal Gaming Act, would legalize certain types of gambling at tribal casinos and three horse racetracks in exchange for a state share of the profits.

The question may be the most controversial issue on the November ballot this year.

Supporters say gambling already occurs across Oklahoma and State Question 712 simply lets government in on the action with the proceeds promised to education.

State Question 712 will provide additional funds, actually a new dedicated funding source for Oklahoma schools, said David DuVall, executive director of the Oklahoma Education Association and co- chair of Oklahomans for Education and Jobs. We haven't had a new dedicated funding source since the passage of House Bill 1017 way back 14 years ago.

He noted officials predict the gambling measure will generate $71 million annually.

DuVall said the proposal would also save the horse racing industry in Oklahoma.

It will keep the money here in Oklahoma that could be going elsewhere if we don't do that, DuVall said.

But critics say the question will fling open the doors to all types of casino gambling in Oklahoma without providing true regulation and with serious social and financial consequences for all levels of government.

This is not an opportunity to share in revenue and have regulation finally. It takes away the only definitive regulation that's out there and that's from the National Indian Gaming Regulatory Commission, said Rep. Forrest Claunch, R-Midwest City and spokesman for Oklahomans for Good Government. They wind up powerless because we say it's OK for the tribes to do these things and then through the compact we empower the tribes to be their own enforcement agency.

He said the state is allowed only to review the actions and reports of tribal governments with no enforcement power if problems are discovered.

Under the proposal, tribes that compact with the state would be allowed to provide electronic bonanza-style gambling, electronic instant bingo and electronic amusement games.

Officials have indicated those categories are broad enough to include activities such as video poker or blackjack, and perhaps video slot machines.

Tribal casinos would also be allowed exclusive rights to offer nonhouse-banked card games on-site.

Three racetracks would also be allowed to provide electronic gambling machines on-site. Racetracks in the state have been on the brink of bankruptcy for several years and supporters say casino gambling is the only thing that will draw crowds back to the tracks and make them profitable again.

Several thousand individuals are active in horse racing in Oklahoma.

In return for authorizing those forms of gambling through official compacts with tribal nations, the state would receive 4 percent of adjusted gross revenue on the first $10 million generated at a tribal casino and then receive up to 6 percent of revenue above $20 million. In addition, the state would receive 10 percent of the net win of the common pool for nonhouse-banked card games at tribal casinos.

On the other hand, racetracks would pay 10 percent of adjusted gross revenue to the state on the first $30 million generated at each track, with the state's share rising incrementally to 25 percent of adjusted gross revenue for amounts in excess of $70 million.

Under the proposal, the three racetracks would be allowed to provide up to 1,250 terminals on-site within five years while there would be no limit on the number of terminals allowed at tribal casinos.

However, since some officials have publicly estimated as many as 40,000 terminals will be available in Oklahoma following passage of the proposed gaming compacts, racetracks may provide just 3.1 percent of available terminals in the state, yet provide 18.5 percent of all state casino revenue, according to projections.

The Office of State Finance has estimated casino gambling will generate $71.8 million in annual state revenue, with $13.3 million coming from racetrack gaming and $58.5 million generated at tribal casinos.

Gaming at racetracks would also be limited to a maximum 18 hours in a day and 106 hours per week, although casino gambling would be allowed even on days when no horse racing occurs.

The proposed tribal compacts would be locked in for 15 years. Each compacting tribe will be required to pay an annual oversight fee of $50,000 in the first year and $35,000 in each year thereafter.

The compacts would also be automatically repealed if the courts should rule that specific games covered by the compacts are Class II games (which cannot be subject to compacting in Oklahoma under federal law).

Currently, there are 27 tribes in Oklahoma with casino operations.

An issue brief produced by the Community Action Project, a Tulsa- based anti-poverty group, notes that the revenue projections of the Office of State Finance appear to indicate a dramatic surge in casino gambling will occur in Oklahoma if the new compacts are approved.

These revenue projections assume total adjusted gross revenue of $93 million from the racetracks and $1.2 billion from tribal games, CAP's issue brief states. While precise state-level figures of current gaming revenues are not available, existing data suggests gambling in Oklahoma would have to grow considerably to meet these revenue projections. The Analysis Group, an economic consulting company, has estimated income from Oklahoma tribal casinos at $466 million in 2003, a figure that represented a 32 percent increase from 2002.

If the Analysis Group estimates for 2003 and the Office of State Finance estimates are both correct, Oklahoma may have to experience an increase in gambling of more than 350 percent to meet revenue projections.

And the increase necessary to generate the revenue projected by supporters of the compacts may actually be even greater. The CAP brief also notes that some portion of existing revenue from Oklahoma gaming is generated by machines that are not subject to revenue- sharing under the compact.

A significant share of the projected increase in gambling would likely be conducted by Oklahomans, based on past research, although out-of-state customers represent a major share of customers at facilities located near the state line.

Claunch believes the increased gambling required to meet official projections will be astronomical.

It's well over $1 billion in new losses on top of what's already being lost (in Oklahoma casinos), he said.

Based on the formulas contained in the proposed compacts, an additional $1.4 billion will have to be played in casinos in Oklahoma to generate $70 million in new state revenue, Claunch said, with most of that gambling coming on top of existing gaming.

Claunch said existing Class II (bingo) games that are not covered in the proposed compacts are expected to remain in use, and predicted legal battles over what machines are covered by the proposed compacts.

Since they will never pay anything to the state on all the existing gambling, what they will do is work to reclassify the ones that are currently the 'grey areas,' the illegal stuff, as Class II, Claunch said. They don't want to pay the state a dime.

Claunch also said it is not clear how much the state will truly be able to collect off gambling in tribal casinos. The proposed compacts call for the state to get 4 percent to 6 percent of adjusted gross revenue, which is described as revenue minus payouts.

However, Claunch said the definition of payout may leave tribal casinos a great deal of wiggle room that would allow them to inflate the payout figure by including employee salaries and other administrative costs.

They don't definitively describe payout as far as I'm concerned, Claunch said. Anything not nailed down is open to interpretation.

He said the proposed compacts essentially allow tribes to self- regulate.

But DuVall said the revenue projects are quite conservative and predicted that machines covered by the compacts will quickly replace all Class II machines in the state, meaning there will not be a dramatic increase in gambling.

The way I understand it, in a relatively short amount of time there will be a changeover in a lot of the gaming machines that the tribes are using rather than a lot more machines being out there, DuVall said.

Continued from page 1.

Critics of State Question 712 also believe it could have severe financial repercussions for all levels of government. Since $1.4 billion must be wagered to produce $70 million in state revenue, the amount of money going through machines covered by the compacts would have to total $14 billion to reach projections, according to estimates. (Supporters of the compacts note that many dollars will travel through a machine multiple times, meaning the $14 billion figure does not represent a total 14 billion individual dollars spent at a casino.)

For every time $1.4 billion cycles through a casino instead of being used to buy goods subject to the sales tax, state government, municipalities and counties lose $119 million in tax collections (based on a 4.5 percent state sales tax, a 3.5 percent municipal sales tax, and a 0.5 percent county sales tax).

Since economic theory assumes that a dollar is spent five times in a local economy during a one-year period, the impact of casino operations on local sales tax collections may be even more significant, according to the calculations of critics.

But DuVall said the economic consequences to local governments will be minimal.

This money doesn't go into a casino and stop, DuVall said. The money that goes into a casino then is spread out either in winnings for those people who walk out with winnings that they go out and spend, but there are also a lot of employees who work in those casinos and work in the related industries around them who use those paychecks then to go to your local restaurant, to go to your local Wal-Mart or Target store, go to the grocery store, spend the money, DuVall said. It keeps circulating over and over again.

He said some casinos are also drawing a significant amount of out- of-state money into Oklahoma's economy.

Claunch and other opponents also note that the expansion of gambling also has other societal costs, such as higher rates of bankruptcy and increased reliance on social services by compulsive gamblers and their families.

The CAP issue brief notes that the revenue projections of the Office of State Finance are highly uncertain and would seem to require enormous growth in tribal gaming activities, which could indeed reduce sales tax collections at all levels of government with only limited contributions from tourists.

Some consider it unlikely that Oklahoma's casinos will ever become a big draw for out-of-state tourists, the CAP brief states.

The CAP brief also notes that the $71 million in projected revenue from the compacts represents less than 1.5 percent of total state appropriations and would allow only relatively minor increases in education funding.

On the other hand, the brief notes that the state receives no tax revenue from existing casino gambling and that educators seem willing to accept any money they can get.

DuVall argues that State Question 712 is only a minor modification of the status quo in Oklahoma.

We've got 80-some-odd casinos in Oklahoma now operating and this provides additional oversight and allows the state for the first time ever to have some ability to view the records and the books of those tribes and allow the tribes to share the revenue with the state, DuVall said. It's clearly better than what we've got now.

Copyright 2004 Dolan Media Newswires
Provided by ProQuest Information and Learning Company. All rights Reserved.

Copyright©2005 All rights reserved.
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