Gov. Doyle Running Out of Excuses for Not Signing AB 461

24 May 2006

The latest in a long line of excuses being used by the Governor's Office as to why Governor Doyle is going to veto Assembly Bill 461 is that it "violates federal law (i)." A puzzling position from the very same individual who as the state's top attorney for 12 years was a strong advocate for legislative oversight.

Tomorrow AB 461, providing legislative oversight of off-reservation casinos, will arrive on Governor Doyle's desk for consideration.

When the spokesperson for the previously supportive-Doyle was asked about the change of position on the issue of legislative oversight of off- reservation gaming, the response was that the Governor, "has looked at this issue more carefully since becoming governor (ii)." Is it correct to assume then that when Jim Doyle testified before the United States Senate in 1996 (iii) as Wisconsin's Attorney General regarding a US Supreme Court decision affecting the process by which states enter into compacts with tribes, he didn't look at this issue carefully? Later that same year and still speaking to the very same US Supreme Court decision, then Attorney General Doyle said, "Members of the Wisconsin Legislature, as representatives of citizens, should reclaim the power to ratify or negotiate gaming compacts (iv)."

"It is incredible to believe that then Attorney General Doyle testified before Congress on behalf of the people of Wisconsin without 'carefully considering' his testimony," said Brian J. Nemoir, Executive Director of Enough! "Did the nearly $1 million in tribal money as well as a fact-finding mission at the Mohegan Sun Casino in Connecticut -- the tribe partnering with the Menominee Tribe on the Kenosha Casino -- help clarify this issue for him?"

The Fact Remains:

Assembly Bill 461 does not violate federal law by giving the Legislature a role. In fact, a recent court case, Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin v. United States, 367 F. 3d 650, 665 (7th Cir. 2004), validated that the Legislature can have a role. The Seventh Circuit Court of Appeals held:

Additionally, the Governor of Wisconsin's power to respond to the

Secretary of the Interior's request for concurrence is not without a check

in the Wisconsin Legislature. Indeed, on two occasions, the Wisconsin

Legislature has attempted to curtail the Governor's power to concur. See

1999 Wis. Act 9, sec. 7(q), and 2003 Assembly Bill 144. Although the

Legislature did not override the Governor's veto of either bill, the

Wisconsin Constitution provides a mechanism for the Legislature to do so.

See Wis. Const. Art. 5 sec. 10(2)(a).

Wisconsin Attorney General Peg Lautenschlager, in her brief on behalf of Governor Jim Doyle, argued in support of the Court's finding, "Of course, a governor's power remains fully subject to state law, including limits imposed by the state legislature: if a legislature desires to place strictures on the governor's communications with the Secretary, it is free to do so within the limits of applicable state law."

The State submits that Congress' selection of governors as the

representatives of the states for purposes of ascertaining whether the

state concurs is an eminently practical recognition of the unwieldiness of

requiring approval by a state legislature. Some legislatures are not even

in session every year, which would cause substantial delay in the approval

process. Of course, a governor's power remains fully subject to state

law, including limits imposed by the state legislature: if a legislature

desires to place strictures on the governor's communications with the

Secretary, it is free to do so within the limits of applicable state law.

Intervenening Defendant's Brief at 4, fn. 3.

Even as recent as last week the non-partisan Wisconsin Legislative Council reviewed AB 461 and concluded that it would be in compliance with federal law. (1)

Governor Doyle, Enough! with the excuses. Either you remain consistent with your long established position of being for Legislative oversight of off- reservation casinos or you admit by vetoing the bill that your position has been changed, not for any legal or policy reasons, but because of undue influence.

-- AB 461 does not violate federal law

-- AB 461 does not interject 132 lawmakers into the negotiation process,

even though you previously advocated for that

-- AB 461 gives the people of the state of Wisconsin a voice in the

enormous statewide policy decision of whether or not there should be

off-reservation gaming in Wisconsin.

Governor Doyle, do the right thing and sign Assembly Bill 461 into law.

Enough! is a growing and diverse grassroots coalition opposed to the expansion of off-reservation gambling in Wisconsin. For more information please contact Brian J. Nemoir, Executive Director at 608.268.6777 or visit: http://www.enoughwi.com .

(i) Governor Jim Doyle's spokesperson Dan Leitskow; Wispolitics.com

Thursday, May 18th p.m. update e-mail.

(ii) Governor Jim Doyle's spokesperson Dan Leitskow; Wispolitics.com

Thursday, May 18th p.m. update e-mail.

(iii) Milwaukee Journal Sentinel 5/9/1996

(iv) Milwaukee Journal Sentinel 12/17/1996

(1) State Senator Dave Zien/Assembly Speaker John Gard press release

5/18/06

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Gov. Doyle Running Out of Excuses for Not Signing AB 461

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