Gambling legislation headed to house; Cheatham didn't mean to vote yes
Reports | Hagadone News Network | UPDATED 10 years AGO
Legislation that would ban Idaho's lucrative slot-like instant horse-racing betting terminals, has only one more hurdle to clear before reaching the governor's desk.
The House State Affairs Committee voted 15-2 Thursday to advance the proposal to the House floor after lawmakers deliberated at length over if and how the state should remove roughly 200 machines currently installed in three locations.
Rep. Vito Barbieri, R-Dalton Gardens; and Rep. Shannon McMillan, R-Silverton, cast the no votes, and Rep. Don Cheatham called The Press after the meeting to say he mistakenly voted yes for the repeal.
"I had a senior moment," Cheatham said. "I was leaned back talking with another legislator when we took the vote and I said yes, when I intended to vote no."
Cheatham said he went to the chairman after the hearing and informed him that he will be voting no when the bill comes to a vote on the floor.
Cheatham has consistently voiced concerns about the bill, saying it was premature. He would prefer to wait and see the results of the Post Falls Police investigation into the legality of the horse racing machines.
Cheatham's vote would not have affected the outcome of the vote anyway.
Rep. Kathy Sims, R-Coeur d'Alene, said her 'yes' vote was intentionally cast to send the bill to the floor of the House.
"But seconded the original motion that would have imposed a moratorium on the machines," she said, adding that was voted down.
Sims said the original motion would have let the three horse racing venues in Idaho continue to use the machines, without adding any more, for a period of two years.
That would have allowed the state to get a Gaming Commission established to oversee all gaming in Idaho.
"I would have preferred to see that one passed instead," Sims said, adding after that failed she felt the whole House should have an opportunity to vote on it.
Barbieri said he would have preferred the original motion as well.
"I thought that was a very reasonable compromise," he said. "I just think this was a knee-jerk reaction."
Barbieri said the issues surrounding the repeal are far too complex to simply vote for a repeal of law that prompted millions of dollars worth of investment in those machines.
"There are a lot of issues coming together on this," Barbieri said. "And yes, one of those issues is the repeal is premature."
He said there is a legal issue between two gaming competitors, and he feels that issue should be settled in the courts and not the Legislature.
"This process is lacking due process and it's lacking clarity," he said.
Immediately preceding the repeal vote, the same committee had killed a proposal to create a new gaming commission that would regulate all three types of legalized gambling in Idaho: The lottery, tribal casino gambling and horse betting.
The alternative proposal was submitted late in the session, but had the support of the horse racing industry, which objected to the Idaho Legislature removing machines because they have not been deemed illegal in court.
"If I had the power I would make this go away; I would make that decision right now, today," said Chairman Tom Loertscher, R-Iona, who voted in favor of repeal. "This subject is contentious that has personally and morally challenged me."
In 2013, the Idaho Legislature approved instant racing, where bettors place wages on horse races with no identifiable information.
Horse racing representatives argue the machines are needed to save their failing industry because a portion of the profits help fund breeder groups, race tracks and attract better jockeys.
However, two years later, many state lawmakers and Idaho's tribal members counter that they were duped into approving cleverly disguised slot machines.
The Coeur d'Alene Tribe-backed legislation would require removal of the machines July 1 if the bill receives Gov. Butch Otter's signature.
Douglas Okuniewicz, manager of the Greyhound Park and Event Center, has installed 35 of the machines in Post Falls. He testified against the repeal, arguing his machines are nearly identical to the Tribe's machines.
"The Tribe has taken the position that our machines are unconstitutional, but our machines are identical to their machines," he said. "I think they are making a mistake because if our machines are unconstitutional, so are theirs."
Nevertheless, Okuniewicz said he thinks he has a pretty good chance of convincing a majority of House members to vote against the bill on the floor.
"We are making a plan on who we need to talk to on the House floor," he said, adding he expects to see a final vote on the repeal early next week.
Idaho law permits tribes to operate gaming machines - not that dissimilar to instant racing terminals - under a voter initiative passed in 2002.
State and federal courts have affirmed their legality and the Idaho Lottery Commission, which has limited power to regulate the tribes' machines, also maintains the machines do not violate the state's strict anti-slot-machine laws.
"The Legislature did not intend for slot machines to go in and I am really quite troubled by the blaming of the tribes on this," said Rep. Melissa Wintrow, D-Boise. "The focus keeps coming back to the tribes; however, they have done everything in compliance with the law. It's been underlined and underscored numerous times."
Helo Hancock, legislative director for the Coeur d'Alene Tribe, said they were pleased with the State Affairs Committee's "strong" vote to send the bill to the House floor for consideration, "despite attempts by proponents of instant racing to confuse the issue by disparaging tribal gaming."
"There are many in the Legislature who feel deceived over instant racing and want an opportunity to correct it. S.1011 is that opportunity," Hancock said. "Today's vote is just one step of many in this process and we look forward to working with the rest of the members of the House in the coming days."
Staff writer Jeff Selle contributed to this report.
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Gambling legislation headed to house; Cheatham didn't mean to vote yes
Legislation that would ban Idaho's lucrative slot-like instant horse-racing betting terminals, has only one more hurdle to clear before reaching the governor's desk.