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2018 Op. Conn. Att'y Gen. 1 (2018)

handle is hein.sag/sagct0072 and id is 1 raw text is: 












                               April 17,2 0 18



The Honorable  Joe Aresimowicz
Speaker of the House
State of Connecticut
House  of Representatives
Legislative Office Building, Suite 4100
Hartford, CT 06106

Dear Speaker Aresimowicz:

       You  have requested opinions on several gaming-related issues. First, you
ask questions about the amendments to the existing gaming agreements with the
Mashantucket  Pequot  Tribe and the Mohegan   Tribe (Tribes), and the federal
approval thereof, required by Public Act 17-89. Second, you inquire about the
implications of a decision in a pending U.S. Supreme Court case that could result
in the lifting of a federal prohibition on sports betting. And third, you ask about
the legal consequences of legislation creating a request for proposal process for
sports betting or casino gaming.
       In summary,  we  conclude that (1) Public Act 17-89's condition that the
amendments   to  the existing gaming  agreements  be  approved  by  the U.S.
Department  of the Interior (Interior) has not been satisfied; (2) because that
condition has not been  satisfied, Public Act 17-89's authorization to conduct
casino gaming  in East Windsor is not yet effective; (3) eliminating the federal
approval condition would raise risks for the current gaming arrangements with the
Tribes about which  we  have previously opined  and continue to have  serious
concerns; (4) if the federal ban on sports betting is found to be unconstitutional,
the Tribes would  not have the exclusive right to provide sports betting to the
public; and (5) legislation similar to Special Act 15-7 that would provide for a
request for proposal process for sports betting or casino gaming, but requiring
subsequent legislation to actually authorize such activity, would not affect the
existing gaming arrangements with the Tribes.

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