Attorney General candidates square off at MTA
Pub Date: 10/1/2007
In a respectful nod to the Montana Tavern Association, the five declared candidates for Attorney General attended a forum during the MTA's annual Convention in Kalispell on Sept. 12.
MTA Government and Legal Affairs Counsel Mark Staples put the panel together and moderated.
"I believe this was the first time these candidates have appeared together and faced one another," said Staples. "This panel was a very interesting one for MTA members and the greater public as well," he said.
The Attorney General heads the Montana Department of Justice which also regulates gambling in the state through its Gambling Control Division, now headed by Administrator Gene Huntington, an appointee of current Atty. Gen. Mike McGrath. Thus, licensees were anxious to get a feel for the men and the principles they would bring to the office that is responsible for a substantial tier of regulation.
Candidates appearing were: Republican Lee Brunner, a Butte attorney in private practice; Republican Tim Fox, a Helena attorney in private practice; Democrat Steve Bullock, a former assistant attorney general now in private practice in Helena; Democrat John Parker, House Minority Leader and Deputy County Attorney for Cascade County in Great Falls; and Democrat Mike Wheat, a former state Senator in private practice in Bozeman.
In a more or less random order, Brunner was called upon to offer introductory remarks first, telling the audience he is familiar with their business through having represented a number of them especially in the wage-and-hour and human rights spheres. He noted he is a Montana native who, with his wife, is raising a family here.
Bullock spoke next, noting it was "really early to be rolling out policy." He said he wanted "to preserve for my daughter the opportunities I had while growing up in Montana." He said today liquor and gaming regulation "is a lot stricter" than it once was and that he wanted "to see you regulated as the small businesses you are."
Fox said he has been "talking to (MTA) members, getting to know your issues," noting "government regulation can be constructive." He added that he has some background already since he has worked in business financing through associated work he's done in banking. "Your industry is important to me," he said.
Parker said that, as Deputy County Attorney for Cascade County, he is familiar with felony prosecution. He also said he is familiar with license, tavern and gaming issues through his role as House Minority Leader and has worked with many industry leaders on solutions.
Wheat said the Attorney General position is an important one with regard to licensed business regulation. He said, "I wanted to meet you. Talk to me and I'll give you honest answers. I'll promise you an open-door policy. I am not on a crusade; I am not anti-gambling or anti-drinking. You don't need big shock waves. You need someone with a steady hand; a problem solver."
Staples then asked the candidates to outline their position on the 15 percent gaming tax rate.
Wheat said he "would not lobby or testify in favor of an increase. I'm a small businessman and understand taxation. Fifteen percent is adequate. But it is a legislative matter that I won't lobby for or against. The Attorney general enforces law, not makes it."
Parker said, "You employ 24,000 workers. The revenue from the 15 percent tax is important to funding the state. I believe 'if it's not broke, don't fix it.' It doesn't need tinkering. I would oppose raising the tax."
Fox said, "The Attorney general is a law enforcer, not maker. The tax (this year) raised more than $59 million and has grown 6 percent in (each of) the last two years. I'm a fiscal conservative who knows small business. Why burden one industry?"
Bullock said, "The tax has been the same for the last 20 years and shouldn't be increased. The tax collected an additional $10 million in the last three years. The AG doesn't set policy, but I would not support an increase."
Brunner said the "15 percent rate works pretty well. Don't fix it if it isn't broken."
Staples told the candidates there is a treatment program for problem gamblers administered through the Montana Council on Problem Gambling and which is largely funded by contributions from industry groups and companies. He noted there had been proposals from some quarters to turn the program over to state government for administration and funding, then asked candidates for their views.
Brunner said in his legal practice he has "worked with mining companies who pay into a clean-up fund which is supervised and administered by the industry. "This is a good example of an industry/public partnership that works. I would not advocate state government assuming control" of the treatment program.
Bullock admitted he didn't know a lot about the current program but said he didn't believe "government should take these over. But you do have a responsibility to make sure treatment is there."
Wheat asked, "Is it working? It is in your best interest to take care of the problem. I wouldn't advocate state control, but if it doesn't get taken care of, government will intercede."
Fox said if the program were institutionalized, as it grows gaming taxes would go up. State programs "are often not run efficiently, effectively. Self-regulation works best. Enhance your program and do it in the private sector."
Parker said he favors "private funding and administration for this program. If shifted away to the state, more money goes into administration and overhead and not treatment."
Staples said the gaming business is often accused of interfering with tribal gaming matters, which he said "is totally inaccurate. It's none of our business; their gaming is between the tribes, the feds, the courts and the states.
"But at the same time," he continued, "you can't ignore the fact that tribal gaming does have an effect on non-tribal gaming.
"If the playing field at some point became further tilted– with tribal facilities offering more wide-open gambling– some pressure could develop to allow non-tribal operators to ratchet up their offerings. How would you react to that?"
Brunner went first, stating he didn't believe the Attorney General's office should have a position on tribal gaming. "This should be resolved by the Legislature, not the Attorney General." However, "if you need that to compete and keep it fair, that would be the appropriate way to go."
Bullock responded, "(What they do with the slot/bingo machines some are currently using) will be decided by the National Indian Gaming Regulatory Commission. I would not support any expansion of gambling. The Governor has said 'no' to expansion. The state policy still has an effect on what happens (in terms of tribal gambling)."
Wheat said the topic was "touchy." Questions of tribal/non-tribal "water rights have been dealt with by compact. The best way for the AG to go would be to make sure things are fair. You could consider bringing a lawsuit and letting the courts decide. But we must have a level playing field so Montana small businesses are not lost. Negotiate or go to court."
Parker characterized the dilemma as "a sophisticated legal matter" that is being dealt with by federal courts and is primarily between the Governor and the tribes. "But some future development could throw things out of balance." The Legislature could have an impact, he said, adding, "I do not support an expansion of gambling but don't know about the future."
Fox said he thought the AG's office "is all about fairness, but the AG is not a legislator." The National Indian Gaming Regulatory Act governs, but "the Gambling Control Division (of the justice department) does advise the Governor on these matters. Fair competition, a level playing field is what's best for all Montanans."
Staples then called on candidates for closing remarks.
Parker said, "I'm excited" about the race. "I'm running on my record as a prosecutor–keeping Montana a safe place–and my legislative track record. I'm qualified and want your support."
Fox said, "I just turned 50 and have lived here a long time. My qualifications are my experience and the relations I've made as a Montanan. I've worked for the Department of Natural Resources and Conservation, the Department of Environmental Quality and the Montana Supreme Court. My dad was a mechanic and I learned my work ethic from him. The Attorney General is primarily a manager. A conservative approach is to everyone's advantage. I've done litigation and criminal law."
Bullock concluded the justice department has 750 employees working in regulation, Highway Patrol, vehicle licensing, civil and criminal litigation. "In four years as Acting Chief Deputy Attorney General, I have a good mix of experience and qualifications. The Attorney General can make Montana a better place."
Brunner said, "You need a real drive to do politics. My family has been here for seven generations–a family farm. I'm a veteran who was educated in Montana. It is important to me what Montana is and where it's going."
Wheat concurred, stating that running for office "takes a sacrifice. I'd like to thank these gentlemen for throwing their hats into the ring. I'm a Marine Corps Viet Nam veteran educated at Montana State University. I've raised three kids and been married 34 years. I was a prosecutor in Butte for four years, then moved to Bozeman and have been in private practice there since 1981. I served two sessions in the Montana Senate and have a further desire for public service. My honest, open character would be a perfect fit."
Source: The Montana Tavern Times, September, 2007, published monthly by Continental Communications, 125 W. Granite St., Suite 102, Butte, MT 59701.