“The formulation of gambling policy is a fundamental legislative function, it is not embedded in the constitutionally conferred executive powers of the governor,” he told Brnovich.
Finchem acknowledged that there is another law that deals with the provisions of the current “standard form” game compacts available to Tribes. But that, he argued, still doesn’t give Ducey the power to make a new deal with the tribes.
“The governor has only limited powers to negotiate discreet and largely complementary terms,” said Finchem. “Nothing in the law authorizes the governor to single-handedly forge the terms of a new pact that deviates materially from or extends the terms expressly set out in (law).”
An adviser to Brnovich said Finchem is looking into the request. He couldn’t tell when a statement would be made.
“Historic horse racing” bets suggested
There is another possible complication with Ducey’s game plan that is related to another lawmaker in southern Arizona.
Senator David Gowan, R-Sierra Vista, seeks legislation to legalize what is known as “historic horse racing.”
It would allow people using machines to bet on races that have been driven in the past, but provide weather with only a number and no information about the horse’s name or the date of the race. You would get some data on this horse’s historical records and handicap.