Racino odds uncertain with promised veto

The fate of legislation to allow a tribal harness racing track with up to 1,500 slot machines in Washington County remains uncertain, with speculation about a possible amendment to the bill and consideration of taking the issue to the voters in a statewide referendum. While the bill has been enacted in the House and Senate, Governor John Baldacci has stated he will veto the measure. However, he has held off taking that action.

Following legislative approval of the bill on June 3, Baldacci and tribal leaders met on June 7, in a meeting scheduled by Passamaquoddy and Penobscot tribal chiefs. However, the governor has not changed his position concerning a veto, according to his press secretary, Lynn Kippax. The meeting was cordial, and Passamaquoddy Rep. Fred Moore III, the sponsor of the bill, says most of the discussion centered on the racino legislation, although tribal sovereignty and economic development issues were also raised. He says the parties agreed to have further discussion and to continue to seek to reconcile their differences through dialogue. However, neither side showed any movement in their position on the legislation.

The bill does not have sufficient legislative support for the two-thirds vote in both houses of the legislature needed to override a veto. The bill passed in the House by a vote of 87-46 and in the Senate by a margin of 19-15. "The bill was enacted by the legislature despite the frenetic attempts by the administration to prevent it from reaching the governor's desk," says Moore. "They chose to gamble on their ability to stop us in the Senate, and with their allegiance with CasinosNO they rolled the dice and came up snake eyes in the Senate. With snake eyes you lose automatically."

The governor could allow the bill to become law without his signature, if he does not act on it within 10 days of enactment by the legislature. Moore says if the bill is vetoed and the veto is not overridden by the legislature, then "I would recommend that we would seek a citizens' override" through a statewide referendum. The Passamaquoddy Tribe has set up a committee to advise the tribal representative to the legislature and the joint tribal council concerning gambling issues, Moore notes, and that committee will be recommending what action will be taken next. Discussion about a possible amendment to the bill to provide for a statewide referendum is "speculation," says Moore.

Senator Kevin Raye (R-Perry), the chief Senate cosponsor of the bill, has called on Baldacci to sign the bill, noting that as a state senator in 1993 Baldacci cosponsored legislation to authorize a Passamaquoddy casino in Calais. Although Baldacci has changed his position on gambling, Kippax notes that the governor has learned much from social scientists and law enforcement officials about the societal effects of gambling. That information about the social costs was not available before, Kippax says. He says the governor is aware of Washington County's economic difficulties but believes that its citizens deserve more than gambling revenues.

CasinosNO representatives have argued that gambling does not provide a sustainable form of economic development and that Washington County, the state's poorest county, would become even poorer if a racino is built there.

During the debate in the Senate, Raye addressed the opposition of the lobbying effort of CasinosNO. "While many of this bill's most ardent foes enjoy the relative comforts of life in more prosperous areas of our state, Washington County residents know first-hand the harsh day-to-day reality of enduring the highest unemployment rate of Maine's 16 counties C a rate consistently more than double the state average. We are painfully aware of the consequences of a median household income nearly $11,000 below the statewide figure of $37,963 C and less than half that of the median income in Cumberland and York counties." Raye also noted the benefit to Maine's agriculture sector. The proposal offers racing days for Maine's horsemen during times that other Maine tracks do not currently operate. "It is a source of puzzlement for the people of Downeast Maine that those who have little interest in our area C and seldom, if ever, even visit Washington County C so vehemently oppose an effort that holds such promise for creating jobs."

Modeled on Maine's existing racino law, the Washington County racino would support the state's general fund, as well as other accounts including Maine's agricultural fairs. Under the legislation, the racino would also infuse funding into economic development and education in Washington County. The legislation directs a portion of racino revenue to the Washington County Development Authority, vocational education for Washington County high school students, and scholarships for students at the University of Maine at Machias, Washington County Community College and the Unobskey School. According to its proponents, the proposal is projected to create hundreds of direct jobs and spin-off jobs in Washington County's agricultural and tourism sectors.

Moore comments, "The tribes are not going to give up on this. We've gained more ground in the past six months than the past six years." He points out that not only has the measure received legislative support, but the citizens of Maine approved allowing racinos in the state. "An elite few" are objecting to the tribal racino, which he says is inconsistent with "the will of the people and the policy of the legislature."