Oklahoma tribes will give up their hold on electronic gaming machines
and share revenues with the state as part of an agreement announced
by Gov. Brad Henry (D) on Tuesday.
The proposed compact, which requires legislative approval, bails out
the failing racetrack industry. Owners of those facilities would be allowed
to install the same casino machines that have become cash cows for
some of the biggest tribes in the state.
"This legislation will help save jobs and produce new funding for education,"
Henry said. "It will save one industry, the horse industry, and allow the
state to regulate and share in the revenue of another, tribal gaming."
The agreement applies to three racetracks: Remington Park in
Oklahoma City, Blue Ribbon Downs in Sallisaw and Will Rogers Downs in Claremore.
The Choctaw Nation recently purchased the Blue Ribbon Downs and, along
with the other tracks, will be able
to offer a specified number of machines in addition to pari-mutuel horse races,
which are considered a form of Class III gaming under federal law.
The proposed compact also aims to resolve a particularly thorny area of Oklahoma's
Indian gaming industry.
It would ensure that tribes can offer certain electronic games without fear of violating
federal law. The National Indian Gaming Commission (NIGC), a federal
agency, has threatened to shut down facilities if they offer
legally questionable machines.
The provision largely benefits three large tribes that
were involved in discussions with Henry and horse racing executives.
The Choctaw, Cherokee and Chickasaw nations offer more electronic
games than any other tribes in the state and are willing to
part with a share of their expanding empires.
Another potential winner includes Multimedia Games Inc. (NASDAQ: MGAM), a leading
casino game manufacturer based in Texas. The three tribes are MGAM's
biggest customers -- the Chickasaw Nation was threatened with fines for
operating an MGAM product. The tribe settled after agreeing the machine
could not be operated without a compact.
The proposed compact, called a "win-win" by Henry, tracks
legislation that failed to clear the state Legislature last year. Language
in that bill legalized machines produced by MGAM and Sierra Design
Group, another game manufacturer. Additional details of
the latest proposal are to be released at a meeting today, and could end up legalizing
the machine that caused trouble for the tribes.
Last summer, state officials estimated a gaming compact could bring up to $30 million a
year from tribal facilities. Now they say revenues could reach $80 million.
The numbers reflect surging interest in the Class II gaming market. Several
companies are looking to challenge MGAM's presence and showed off some of
their machines at the 9th annual Western Indian Gaming Conference, which
was held in Palm Springs, California, last week.
The products are souped-up versions of bingo, but they mimic the look and
feel of a slot machine, which aren't legal in Oklahoma. To clarify the
difference between bingo machines and slots, NIGC has issued guidelines to
tribes and the industry.
The Oklahoma compact would presumably free tribes from worrying about
the guidelines. It would also relieve them of NIGC's
authority, which they have considered too intrusive in the past couple of
years.
Casino machines are the subject of two cases the Bush administration
is asking the U.S. Supreme Court to review. In one case, two Oklahoma tribes
successfully overturned NIGC's position on an electronic game. Reply
briefs by the tribes are due this week and the next, unless an extension
is granted.
The Choctaw Nation purchased Blue Ribbon Downs for $4.25 million in November.
The tribe has received a state license to offer horse races. The tribe
doesn't plan on placing the facility in trust, according a published report.
The land is actually within the Cherokee Nation's jurisdiction.
Relevant Links:
Oklahoma Gov. Brad Henry -
http://www.governor.state.ok.us
Multimedia Games - http://www.multimediagames.com
National Indian Gaming Commission - http://www.nigc.gov
Tribes giving up revenues, exclusivity in compact
Wednesday, January 21, 2004
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