Governor likely to veto tribal gaming measure

Thursday, Sept. 29, 2005 | 10:24 a.m.

MADISON, Wis. -- Wisconsin's American Indian tribes would need legislative approval to build off-reservation casinos under a bill the state Assembly approved Wednesday that would strip that authority away from the governor.

The measure drew criticism from the governor's office. Gov. Jim Doyle already has vetoed previous attempts in recent years to give the Legislature oversight of the gambling compacts he negotiates with tribes.

But Assembly Speaker John Gard, R-Peshtigo, said one man shouldn't decide where gambling should expand.

Under federal law, the governor and the U.S. Bureau of Indian Affairs must agree that a proposed off-reservation casino would help the tribe and would not hurt the surrounding community.

The bill, which passed 59-37, would prohibit the governor from agreeing with a BIA decision unless the Legislature also agrees.

The state Senate must pass an identical version of the bill before Doyle could consider whether to sign it into law or veto it.

Doyle spokeswoman Melanie Fonder hinted the governor would kill the bill if it reached him. Bringing the Legislature into tribal dealings would be a logistical nightmare, she said.

"The federal government gives the governor this authority," Fonder said. "It just doesn't make sense to have 132 people out there negotiating."

Three Wisconsin tribes have recently considered building off-reservation casinos -- the Menominee Nation in Kenosha, the Bad River Band of Lake Superior Chippewa in Beloit and the Lac Du Flambeau Band of Lake Superior Chippewa in Shullsburg.

Kevin Osterbauer, general counsel for the Bad River, said the tribe doesn't like the bill. The governor can make a rational decision, he said, and involving the Legislature would add more layers of bureaucracy. The tribe already has spent five years clearing the federal requirements to put a casino in Beloit, he said.

"How much process do you need? It's been reviewed and dissected," Osterbauer said.

Republicans introduced the bill around 1:30 a.m. Wednesday, after seven hours of debate on other legislation. Democrats complained the bill wasn't on the Assembly's calendar and blasted Republicans, who control the chamber 60-39, for not passing the measure during the daytime.

Gard said the bill technically has been on the Assembly's calendar since June -- the chamber just hasn't taken it up. And all the Republicans knew it was coming Wednesday.

Then he tore into Doyle for negotiating new compacts with the tribes that expanded their casinos' hours and allowed Las Vegas-style games such as craps and roulette.

He said people are offended by the notion of one man negotiating gambling compacts and approving off-reservation casino sites behind closed doors.

Assembly Democrats objected to sending the bill to the Senate immediately. That means the Assembly will have to take care of that bit of housekeeping when lawmakers return to the Capitol at the end of October.