|
||||||||||||
|
|
Hatch: Casino Plans Require Constitutional Amendment
Gov. Tim Pawlenty and allies of his gambling plan should seek a constitutional amendment before pushing ahead for a new state-tribal casino, Attorney General Mike Hatch's office advised in a legal opinion issued Wednesday. Hatch's chief deputy, Kristine Eiden, wrote in the 18-page opinion that Pawlenty's plan to open a new Twin Cities casino with three northern Minnesota Indian tribes is probably unconstitutional the way it's written. Pawlenty has argued that the 1988 constitutional amendment permitting a state lottery permits state government involvement in a new casino. Eiden used court cases from other states and legislative deliberations around the lottery amendment to build the opposite case. "It is our opinion that the operation of slot machines, roulette wheels and craps by the state would violate" the constitution, she wrote. The opinion is sure to weigh on the ongoing gambling debate. Pawlenty's plan took another step Tuesday night, advancing through the House Regulated Industries Committee on a 12-11 vote, with Republicans endorsing it and Democrats opposing it. Another casino plan to add slot machines at Canterbury Park racetrack also won approval. Hours before that hearing, rank-and-file members of two of the proposed partner tribes aired concerns about their involvement. The tribal members from the White Earth and Leech Lake bands of Ojibwe denounced the actions of their tribal leaders in pursuing the casino partnership. They said that tribal members are less than unified in support of the deal, and questioned if their tribal constitutions even allow it. "It's not right for them to say all of White Earth is for this, because they're not," said Lori Gellings, a member of the White Earth tribe. They said tribal leaders haven't shared information with ordinary members of the tribe. Gellings questioned whether it's the good deal for tribes that is being portrayed. "We're putting every penny into it, while the state isn't," Gellings said. Archie LaRose, secretary-treasurer of Leech Lake, told the House committee he will seek a referendum among his tribe before it gets involved with any casino. Other Leech Lake tribal leaders are on board with Pawlenty's proposal and aren't seeking such a vote. Pawlenty's plan, which also includes the Red Lake Band of Chippewa, would require the tribes to put up a $200 million licensing fee and pay for construction of the casino. A site hasn't been determined. Profits from the $550 million, 4,000-slot machine casino would be split among the state and the three tribes. Amendments that would have dramatically altered the Pawlenty plan failed. That included one calling for a constitutional amendment vote to explicitly permit a state casino. The Canterbury proposal requires the track owners to pay $100 million upfront and share profits with state and local governments. The Minnesota State Lottery would oversee operations. Both plans face better odds in the House than in the Senate, which has a DFL majority. Senate Democrats met in private Tuesday evening to discuss the gambling issue. They emerged without a consensus, several members said. But Majority Leader Dean Johnson, DFL-Willmar, said his caucus members have problems with gambling money being used to balance the state budget. "It's quite evident in our caucus that the gambling money should not be used to bail out Tim Pawlenty and his budgetary problems," he said. "There's almost unanimity in that regard." If any casino deal is reached, Johnson suggested that the money go toward amenities or supplemental spending for key priorities. The Senate Agriculture, Veterans and Gaming Committee is scheduled to begin hearings on the casino proposals Wednesday, but might not vote until future meetings. By Brian Bakst, Associated Press Writer Associated Press Writer Patrick Condon contributed to this report. (Copyright 2005 by The Associated Press. All Rights Reserved.)
|
 MORE HEADLINES
|
||||||||||||||||||||||||||||||||||||||||||||||||||
|
