Back in November, I thought that we would be bombarded with ads on both sides of the argument when it comes to slots. But so far, the speculation about the PR going on for a year is turning out to be more media hype than anything. You might find a story here or there. The occasional commentary from Marylanders United To Stop Slots comes into my inbox every now and then, but it hasn’t been a big noisemaker in the free state. I suspect now that people realize that November is only four months away, whatever television money has been stored will now be put to good use in the three television markets in the state.

I refer to this issue as a two armed bandit. I do not like the fact that this referendum is going to be an amendment to the state constitution, all in the name of passing the buck. On the other hand (or arm,) I do not want to see this bill defeated because in a way it is passing the buck, in addition to giving the general assembly and Governor Martin O’Malley (D) not only an out and a reason to avoid the issue, but an excuse to cut the budget and/or raise taxes…ok, maybe the latter more than the former.

Arm No. 1
H.B. 004 approved in November 2007 will be amended to the state constitution if approved by us, the registered voters of the state of Maryland. This bill is a piece of crap.

Here are the highlights and unlike certain people, I will not twist any statements. The amendment only allows for up to five licenses to operate slots parlors and cannot authorize no more than 15,000 slot machines in total. In addition, those parlors can only operate in five locations:

• Anne Arundel County, within two miles of Rt. 295 (Baltimore Washington Parkway)
• Cecil County, within two miles of I-95
• Worcester County, within one mile of U.S. Rt. 50 and Rt. 589
• Allegany County with in Rocky Sap State Park

The fifth location is within Baltimore City, but with several catches. First and foremost, it has to be located within a half mile of I-95 and the B/W Parkway on city owned property on the date when the slots application is submitted. Also, said property must be one-quarter mile away from a residential area, again on the same date as the application. I guess this is a provision so the city can develop the area around the parlor should the application be approved and contingent on us, the Maryland voter approving the amendment to authorize slots to (again) the state constitution.

Overall, only one slots license per local government (the four counties and Baltimore City) and if you want to propose expanding gambling even further, come up with a proposal to expand slots that will be sent to referendum upon approval of the general assembly. Upon that approval, it will be sent to use, the registered Maryland voter to approve or disapprove (once again) the amendment to the state constitution.

This bill, in a single leap, acts as the zoning board and regulator in addition to being counter intuitive. What if all five slots licenses were to be given out and all but 1500 slots machines were authorized? That means 1500 slot machines are left in limbo because of a restrictive constitutional amendment that will require another referendum to approve another location for these orphan bandits. There is nothing in this bill that limits the number of machines one can apply for, nor does it list a number (minimum or required) that one has to apply for. I can easily see the leaders that be thinking five locations asking for only 3000 machines a piece.

In addition to the draconian requirements set forth in this amendment, people who apply for a slots facility in these jurisdictions will still face the possibility of bureaucratic red tape from the local jurisdictions that may not want them. This is particularly true in Worcester County where many of the residents there specifically said they did not want slots near Ocean Downs in Berlin. These cries were heard by then-Governor Bob Ehrlich (R) who promised to keep slots away there.

I am conflicted because as much as I would like to see slots in Maryland, I do not want to see this law enacted because this is just a poorly planned law, however…

Arm No. 2
I do not want to see any anti-slot lawmaker in Annapolis pump their fists in victory, but in particular House Speaker Michael Busch (D-Dist. 30), comptroller Peter Franchot (D) and Governor Martin O’Malley (D).

Busch has been a staunch no slots person for years while O’Malley did the ol’ flip-flop on slots. At first he couldn’t stand it, but then he was singing the praises of the video machines six months later. Going into the November special session, he called them a distraction. That means he never wanted to deal with them at all.

Franchot, who is using his office to boost his statewide profile to possibly run for governor against O’Malley, has been using the argument “we need to invest in the life sciences industry” as a political tool. Maryland has to be more welcoming to business before that can happen, and stop blaming business for making more money than average people.

With that in mind, wouldn’t they love to see this bill go down in defeat? Not only would they have a reason to raise taxes more, but also when someone gains the guts to propose slots again, these two gentlemen can say that the people of Maryland voted that they did not need slots. A defeat for the amendment in November would spun in their favor and they can avoid the issue for at least the rest of O’Malley’s term (hopefully ending in 2010.)

If this amendment is defeated, it will be because of how poor it is, not because Marylanders did not want slots. As a matter of fact, every poll on the matter shows Marylanders favor slots. It should also be noted that I speculate that the reason O’Malley was even elected governor was the belief that the general assembly would respect the people’s wishes if the Governor was preceded by the letter ‘D’ and not ‘R.’

So while I have big time reservations about the amendment in question, I want the amendment to pass. Passing the amendment means that we took care of something that our elected leaders did not have the fortitude to debate and discuss out right through legislation.

The moral of this story, be active and at the very least, read what elected officials are trying to do before it happens. That way, you will not be surprised when the chips hit the fan.

kennyburns@marylandpolitics.us