State’s tribes say it will be ‘business as usual’ Jan. 1

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GAMING COMPACT BATTLE

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  • Under the current compact, the exclusivity fees for Oklahoma’s 131 tribally operated casinos range from 4% to 10%
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TULSA - Oklahoma’s gaming tribes are taking a hard pass on a temporary gaming compact extension offer from Gov. Kevin Stitt.

Leaders from 32 gaming tribes packed into a ballroom at RiverSpirit Casino Thursday afternoon to publicly reiterate their position that the gaming compacts automatically renew on New Year’s Day, thus making any extension offers unnecessary. “We can read our document that says our compact automatically renews on Jan. 1,” Sac and Fox Principal Chief Justin Wood said. “My hope is that Gov. Stitt will look at his stance, the way he went about this negotiation and apologize.”

Gov. Stitt is seeking a higher exclusivity fee rate from the state’s gaming tribes and maintains that the current compacts expire on Jan. 1, thus making Class III gaming illegal. On Tuesday, he announced an offer to extend the current compact’s terms through August in order to allow more time for negotiations. “It’s not needed,” Oklahoma Indian Gaming Association Chairman Matt Morgan said. “We’re not sure he has the legal authority to offer that extension in the first place, but it is not needed.”

In accordance with the Indian Gaming Regulatory Act, Class III compacted games in Oklahoma include slot machines, craps, roulette and house-banked table games, such as blackjack. Class II gaming, which includes electronic bingo and pull-tab games, is not subject to the compact. The current compacts do not include provisions to allow for sports betting or online gambling. Under the current compact, the exclusivity fees for Oklahoma’s 131 tribally operated casinos range from 4 to 10%, prompting a $139 million payout to state coffers in 2018 alone. That figure represents an increase of 3.48% from the previous fiscal year.

Additionally, the Indian Gaming Regulatory Act requires the Department of Interior to approve any amendments to state-tribal gaming compacts, including the 2018 addition of ball and dice games after the statewide teacher walkout. Both sides have reached out to the federal government about the possibility of legal action should the stalemate continue.

“Every nation and tribe up here ... we’re the first Oklahomans. For some reason or another, he (Stitt) told us that he was speaking on behalf of all Oklahoma citizens,” Comanche Nation Chairman William Nelson said. “We are Oklahoma citizens. “We are vested in Oklahoma. The financial impact of my tribe is substantial. It comes through paving roads, giving money to schools and infrastructure.”

Through a spokeswoman, Gov. Stitt expressed his disappointment at the tribes’ unanimous objection and said he would continue to attempt to negotiate in good faith as required by the current compacts. Meanwhile, along with passing on the extension offer, the tribes reiterated their plans to conduct business as usual at casinos across the state on New Year’s Day. “It’ll be status quo,” Morgan said. “We don’t believe Jan. 1 will be critical because the auto-renewal has already been triggered. We’ll continue to be open and continue to offer the same games. It’ll be business as usual.”