Former Lawmaker Says State Is Violating Gaming Compact

Saturday, June 3rd 2006, 2:38 pm

By: News On 6

OKLAHOMA CITY (AP) _ Illegal gaming machines at convenience stores and bars are costing Indian tribes and race track casinos millions of dollars a year, according to the co-author of legislation to allow gaming at horse racing tracks.

Former state Rep. Wayne Pettigrew said that as part of Oklahoma's compact with Indian tribes, state officials were to monitor the use of illegal slot machines. Tribes pay exclusivity fees of 4 percent to 6 percent of the gross amount left in each compacted game to the state for gaming rights.

He said tribal leaders could file a complaint with the National Indian Gaming Commission to stop paying fees.

``The real concern here is ... it could be a substantial impact on the treasury,'' Pettigrew said. ``If the state started its enforcement, I think it (the concern) would all go away.''

But two officials representing gaming tribes said the volume of illegal games statewide isn't large enough to cause concern.

``Obviously, we would expect the state to enforce their laws,'' said Brian Foster, Oklahoma Indian Gaming Association chairman. ``But until it gets to a point where they're putting 2,000 machines in a joint in Bricktown, I don't think the tribes are going to care.''

Hugo attorney Bob Rabon, who represents the Choctaw and Chickasaw nations on gaming matters, said his clients haven't mentioned the issue to him, although they have long been aware of sporadic stores with illegal machines.

State Finance Director Claudia San Pedro, whose office regulates the tribal gambling compacts, drafted a letter to send to local law enforcement in case she receives complaints, but Rep. Thad Balkman, R-Norman, said there's concern that local authorities may not have the manpower to enforce violations.

He wants a study to see whether the Alcoholic Beverage Laws Enforcement Commission should take over enforcement of gambling devices.

He said anyone, including children, can play the machines.

``One of these machines sitting on a counter of a convenience store is a lot more readily accessible than walking into a casino where you're typically carded,'' he said.

H.T. Scott, assistant director of the ABLE Commission, said his agency would not oppose taking over regulatory power of illegal machines if given proper funding. He said up to 12 new agents at $30,000 each would be needed.