Saturday, January 31, 2004

Racing panel shake-up in works

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AUGUSTA — Gov. John Baldacci is shaking up the membership of the Maine Harness Racing Commission as it prepares to rule on a license that would let Penn National Gaming conduct harness racing and install slot machines at Bangor Raceway. The governor, who personally opposes slots at racetracks, has nominated George McHale of Orrington, a former commission member, to replace Goodwin Gilman of Newport, who has resigned. Baldacci also has nominated Anne Jordan, a South Portland lawyer, to replace chairman Errol Additon, who wanted to stay on.

Gilman's term would not have expired until March, but the terms of the other four members expired last September. The governor is reappointing James Tracy of Farmingdale, so the presence of Tracy, McHale and Jordan would make three Baldacci appointments, a majority on the five-member panel.

Meanwhile, as the governor tries to alter the makeup of the commission, the panel keeps changing the date of the meeting when it will vote on Penn National's license application. It has been moved from Feb. 12 to Feb. 13 to Feb. 19, and now to Feb. 11.

Henry Jackson, executive director of the racing commission, said Additon asked him Friday to schedule the meeting soon, and that's why the date was changed from Feb. 19 to Feb. 11. Additon said the commission is under pressure from horsemen to issue a license as quickly as possible. He said he has not been contacted by the applicants.

If the commission meets Feb. 11, Baldacci's new nominees may not yet be in office. McHale could be confirmed by the Senate before then, but Jordan's confirmation probably can't be completed by Feb. 11.

The changes in the membership and meeting date underscore the importance of the vote on the Penn National license.

The racing commission ruled Jan. 9 that Penn National would qualify for a conditional license if Penn National acquired Bangor Historic Track, the company that operates the city-owned Bangor Raceway. Penn National spokesman Eric Schippers said his company has acquired all of the stock from Shawn Scott.

Under the racino law passed by voters last November, the license would allow Penn National to offer both harness racing and slots at the track.

The law takes effect Feb. 21. The governor wants the Legislature to impose tougher controls on the racino industry before then. And Bangor's deal with Scott (and Penn National) will expire unless the racing commission issues a harness license by about Feb. 21, said City Manager Ed Barrett.

Critics of the governor's decision to appoint new members say Baldacci is trying to ignore the wishes of the voters by revamping the racing commission to prevent it from giving Penn National a license before the Legislature imposes tighter controls on racinos.

The legislation Baldacci has proposed would create a state Gambling Control Board to license and regulate slot machines. If that idea becomes law before the racing commission issues a license, Penn National would have to go to the Gambling Control Board for a slots license, even if it had a racing license from the racing commission.

"I believe the administration is subverting the will of the people," Rep. Gary Moore, R-Standish, said before the meeting date was changed to Feb.11. Moore serves on the legislative committee that is reviewing the governor's racino reforms.

"It's just very odd timing," Bill Hathaway, executive secretary of the Maine Harness Horsemen's Association, said of the new nominations.

But others give the governor high marks for being astute enough to try to reshape the racing commission now. That way Baldacci will have some leverage if the Legislature fails to pass tougher state controls before the law takes effect. A racing commission that includes Baldacci's new appointees, or is about to get new members, may balk at issuing a license before the Legislature acts.

"I don't think it's any secret the governor was disappointed that the commission went ahead and worked on the license" after he asked them to hold off, said Dennis Bailey of Casinos No!, which opposes casinos and racinos. "I think what you're seeing is the next commission is going to be a lot more receptive to the governor's concerns."

Lee Umphrey, the governor's spokesman, said the new appointments are long overdue and that the governor has waited long enough to decide the fate of holdovers like Additon.

Additon, the chairman, criticized Baldacci on Friday for revamping the commission now. "I think he's stacking the commission," Additon said. "I wanted to stay on."

He said he believes he is being replaced primarily because he is a Republican and Baldacci is a Democrat. Additon also said he believes slot machines have helped preserve harness racing in other states.

McHale and Jordan could not be reached for comment on allowing slots in Bangor, but Umphrey said Baldacci "is only going to choose people who are in alignment with his views." Baldacci has said he respects the public's support for racinos despite his personal opposition to them, but the law voters passed last November is too weak to ensure adequate state regulation of the industry.

Umphrey said there is "a curious connection" between the fact that Additon asked Jackson to move up the next commission meeting one day after the governor's office told Additon he will not be reappointed.

But Additon said he did not request a date change to make sure he gets to vote on the Penn National license.

"The harness racing commission needs to slow down," Umphrey said.

In fact, both Baldacci and the commission are on a fast track as the governor races to appoint new members and the commission races to meet as quickly as possible.

Staff Writer Paul Carrier can be contacted at 622-7511 or at:

pcarrier@pressherald.com


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