Legal sports betting may be coming to Minnesota. However, it does not appear to be in much of a hurry.
Consider the Senate bill that could partially legalize sports novels in Minnesota narrowly slipped out of its original committee Thursday (and faces an uncertain reaction at its next stop). The majority leader of the Senate is not keen on the idea. The nation’s 11 Native American tribes are opposed. Anti-gambling and many religious organizations are opposed. And, oh yeah, it doesn’t increase much money.
There is this: the House bill on the same topic has not been set for a hearing, lacks assistance from DFL leadership, also confronts many of the very same obligations as the Senate bill.
Other than that, it’s a sure thing.
Inspired by Senate Taxes Committee Chair Roger Chamberlain, R-Lino Lakes, the Senate’s sports betting bill, SF 1894, will have exemptions from both Republican and DFL senators. And it made its first official appearance before Chamberlain’s own committee Thursday. “That is a business, it is a profession, it’s entertainment,” Chamberlain said. “People do make a living off of the… and they also have a great deal of fun”
And although it is not legal in Minnesota, there are many men and women who gamble illegally or via abroad mobile or online websites. Chamberlain thinks by legalizing and controlling it, the state could bring to the surface what’s currently underground.
But sports gambling is a low profit business for casinos; much of what is wagered is returned to players as winnings, so the part that could be subject to state taxation,”the hold,” is comparatively small. Chamberlain’s bill would tax that amount — the sum of wagers minus winnings — at 6.75 percent.
State Sen. Roger Chamberlain
MinnPost photograph by Peter Callaghan
State Sen. Roger Chamberlain
“Many states think it’s a money-maker for them and it may be,” Chamberlain said. “But we are not in this to increase a great deal of revenue. We would like people to take part in the company and have some fun doing this.” Race and casinos tracks could benefit using sports gambling as a way to attract more people in their casinos, he said.
The bill claims that if the state’s tribes wish to provide sports betting, they’d have to request a new compact with the state, something required by federal law. The country is bound to bargain in good faith and that includes agreeing to some kind of gambling already permitted off reservation.
Nevertheless, the executive director of the Minnesota Indian Gaming Association, John McCarthy, said Thursday that the tribes have many concerns about both the House and Senate bills, and therefore are in no hurry to incorporate sports betting to their operations.
McCarthy said the tribes have spent billions of dollars in gaming centers and use them to raise money to cover”human services, schools, schools, home, nutrition plans, wastewater treatment facilities, law enforcement and emergency services, and other solutions.”
“Since these operations are crucial to the ability of tribal governments to satisfy the requirements of their people, MIGA has had a longstanding position opposing the expansion of off-reservation gambling in Minnesota,” McCarthy said. The mobile facets of the bill, he said, would”create the largest expansion of gambling in Minnesota in more than the usual quarter-century, and consequently MIGA must respectfully oppose SF1894.”
He said that the tribes were particularly concerned about mobile gambling and how it might lead to even more online gaming,”which represents an even more significant threat to all sorts of bricks-and-mortar facilities which now offer gaming: tribal casinos, race tracks, lottery outlets, and pubs with charitable gambling”
Additionally opposed was an anti-gambling expansion set and a spiritual social justice organization. Ann Krisnik, executive director of the Joint Religious Legislative Coalition, mentioned the state fiscal note that said the earnings impacts of the bill were unknown.
“It’s unknown not only in terms of revenue, but it’s unknown also in terms of the ultimate costs this creates for the nation,” Krisnik said, citing social expenses of gambling.
Jake Grassel, the executive director of Citizens Against Gambling Expansion, said the bill was a bad deal for the state. “The arguments in favour of legalizing sports betting may seem meritorious at first blush — which is, bringing an unregulated form of betting out of the shadows,” Grassel stated. “Upon further reflection and consideration, the prices are too high and the advantages are too small.”
A method to’begin conversations with the tribes’
The Senate bill finally passed the Taxes Committee with five yes votesno votes and one”pass” Two additional members were also absent. It now belongs to the Senate Government Operations Committee.
Following the taxes committee vote, Chamberlain stated he believes this a way to begin conversations with all the tribes. Even if the bill passes, it will not take effect until September of 2020. And compacts would have to be negotiated to clear the way for on-reservation sports betting.
“We are optimistic that they’ll come on board,” Chamberlain said of these tribes. “Their business model won’t continue forever. Young people don’t go to casinos. I visit them occasionally with my spouse and others and often I am the youngest one there and I am in my mid-50s. We think it’s a business enhancer.
“I know their caution but we are right there with them and when they get more comfortable and more people know about it, I am convinced we’ll move,” he said.
Later in the day, Senate Majority Leader Paul Gazelka stated the GOP caucus has not met to talk about the issue and that he is not in a rush. He said the cellular gambling aspects are of special concerns to him and he’s personally opposed.
“I do know that it requires more time and that’s the one thing I am gonna ask of this invoice,” Gazelka said. “It’s come forward around the country and we are gonna need to manage it like any other matter. But it’s not a partisan matter.”
Some thorny questions that are legal All this became possible when the U.S. Supreme Court ruled last spring that Congress had exceeded its power when it declared that sports betting was illegal (except in Nevada, where it was already operating at the time). New Jersey had sued to clear the way for sports books at its fighting Atlantic City casinos.
The decision quickly led states across the nation contemplating whether to legalize and regulate sports betting. Eight have, and surveys suggest legalizing sports gambling has wide popular support.
The problem for the nation’s gambling tribes is if they’d make enough out of the new gaming choice to compensate for the potentially massive growth of this off-reservation. There’s also no clear answer to if tribes could do much with cellular gambling, because the federal Indian Gaming Regulatory Act that created the economic increase of casino gambling allows betting only on bookings. Though some states have declared that having the computer servers which procedure bets on bookings is enough to obey the law, the problem has not yet been litigated.
The House and Senate bills also increase a thorny legal and political issue because they apply state taxation to tribal gambling, something the federal Indian Gaming Regulatory Commission has ruled is not allowed. While tribes in different states have consented to share gambling revenue with countries, it has come with invaluable concession — for example tribal exclusivity over betting.
While the House bill provides the tribes a monopoly for now, the Senate version cuts the nation’s two horse racing tracks in on the action. A 2018 analysis of this problem for the Minnesota Racing Commission calls sports gambling a”momentous threat” to racing, but notes that each of the countries but one which have legalized sports betting have allowed it to be provided at race tracks. As reported by the commission, the Thoroughbred Idea Foundation has reasoned that”he most obvious way of decreasing the possible negative impacts of legalized sports betting on the racing market would be to allow sports betting at racetracks and to direct internet revenues to the support of breeding and racing in the nation. ”
The Senate bill allows a kind of cellular betting but requires the use of geofencing to assure the bettor is within state boundaries and requires them to have an account that has been produced in person at the casino or race track. Additionally, it creates a Minnesota Sports Wagering Commission, which would make rules such as what types of bets will be permitted and control the matches.
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