Could Connecticut’s governor authorize high-stakes bingo for veterans by signing a memorandum of understanding?

Plain-English summary

In April 2000, Connecticut’s AG concluded that the governor could not sign an agreement permitting a veterans organization to conduct high-stakes bingo outside the state’s permit and prize-limit rules. A memorandum of understanding could operate only within the governor’s existing legal authority; it could not amend the legislature’s gambling statutes. The proposed agreement would have permitted play without the required permit and prizes beyond statutory limits.

The opinion did leave a lawful route under the 2000 law: an eligible veterans or other listed charitable organization could apply for a bingo permit and operate within the statute’s prize schedule and other requirements. The AG assumed “high stakes” meant prizes above the statutory limits because the request did not define the phrase. He separately said federal Indian gaming law did not apply to this nontribal organization.

Veterans organization at the time

The AG rejected a special agreement to bypass the permit and limits. He said ordinary charitable bingo remained available if the organization qualified and complied with the rules.

State officials at the time

The governor lacked authority to alter bingo law by contract. The special revenue division, rather than an ad hoc agreement, administered the statutory permit system.

Currency note

This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Could the governor sign an agreement allowing bingo prizes above state limits?
A: No. The AG said that would permit gaming the legislature had not authorized.

Q: Was the veterans group barred from all bingo?
A: No. It could seek a charitable bingo permit and operate within the prize and other statutory limits if eligible.

Q: Did tribal gaming law authorize the proposed nontribal bingo?
A: No. The AG said that federal law concerned federally recognized tribes’ reservation gaming and did not apply to the organization in the request.

Background and statutory framework

Legislative leaders received a question about a proposed governor’s agreement with the Veterans Memorial Casino Organization. The AG compared the governor’s limited agreement power with bingo statutes requiring approved sponsors, permits and prize limits, and found the proposed exception beyond executive authority.

Citations and references

Statutes: Conn. Gen. Stat. § 7-169(d); Conn. Gen. Stat. § 7-169(i).

Source

• Landing page: https://portal.ct.gov/AG/Opinions
• Opinion page: https://portal.ct.gov/ag/opinions/2000-formal-opinions/president-pro-temp-sullivan-and-speaker-lyons-legislative-office-building-2000014-formal-opinion-att

Original opinion text

President Pro Temp. Sullivan and Speaker Lyons, Legislative Office Building, 2000-014 Formal Opinion, Attorney General of Connecticut

Attorney General's Opinion

Attorney General, Richard Blumenthal

April 18, 2000

Honorable Kevin B. Sullivan

Senate President Pro Tempore

Legislative Office Building

Room 3300

Hartford, CT 06106

Honorable Moira K. Lyons

Speaker of the House

Leglislative Office Building

Room 410

Hartford, CT 06106

Dear President Pro Temp. Sullivan and Speaker Lyons:

This is in response to the letter from Representative Shawn T. Johnston dated February 4, 2000, inquiring whether the Governor can enter into a Memorandum of Understanding with the Veterans Memorial Casino Organization to allow it to operate high stakes bingo1 in Connecticut. It is our opinion that the Governor does not have the authority to enter into such an agreement because the General Statutes directly prohibit the proposed activity. Nevertheless, the organization could conduct bingo for charitable fund raising, if it qualifies for a permit from the Connecticut Division of Special Revenue.

A Memorandum of Understanding (MOU) is an agreement in the nature of a contract. The Governor has the power to enter into such an agreement only for matters within his authority to enforce the laws, and not for matters that usurp traditional powers reserved to the legislature, such as the enactment of new laws or the amendment of existing laws. See 1993 Conn. Op. Atty. Gen. (February 11, 1993) (attached). Thus, in the context of your question, the Governor has the power to enter into such a MOU only to the extent that it is authorized under the existing law.

Representative Johnston's letter indicates that the organization seeks to operate high stakes bingo games in Connecticut with the stated laudatory goal of providing aid and assistance to veterans and seniors in Connecticut. Gambling in Connecticut is controlled by strict laws, and any gambling which is conducted contrary to law is a criminal offense. Conn. Gen. Stat. § 53-278a et. seq. In the instant case, the only pertinent authorization for allowing bingo games in Connecticut is Conn. Gen. Stat. § 7-169(d) which provides, "No bingo game shall be promoted, operated or played unless the same is sponsored and conducted exclusively by ..." a qualified organization which has been issued a permit by the Division of Special Revenue. The sponsoring organization must be a charitable, educational, fraternal, veterans' or religious organization, volunteer fire department or grange organized for not less than two years. Conn. Gen. Stat. § 7-169(d). Additionally, prize size is limited according to a published schedule. Conn. Gen. Stat. § 7-169(i). The MOU suggested in your question, however, would allow gaming without the permit required by state statute and would authorize prizes never permitted by the legislature. Such an action would be contrary to the existing statutory permit process and, thus, would be unauthorized and illegal.2

For all of the above stated reasons, we believe that the Governor cannot enter into a MOU with the Veterans Memorial Casino Organization authorizing it to operate high stakes bingo in Connecticut. The organization may, however, conduct bingo for charitable fundraising purposes if it applies and qualifies for a permit from the Connecticut Division of Special Revenue and operates in accordance with the appropriate statutory requirements. The Charitable Games Section of the Division of Special Revenue can assist organizations in preparing applications for qualified organizations, explaining the applicable rules, and providing guidance in running a lawful bingo game.

Very truly yours,

Richard Blumenthal

ATTORNEY GENERAL

Robert F. Vacchelli

Assistant Attorney General

RB/RFV/aec

Attachments

pc: Representative Shawn T. Johnston

1 High stakes bingo is not defined in your letter, but we assume it refers to bingo games offering prizes which exceed limits established by state law in Conn. Gen. Stat. § 7-169(i).

2 Federally recognized tribes may conduct gaming activities in their federal reservations in accordance with the Indian Gaming Regulatory Act (IGRA). 25 U.S.C. § 2701 et. seq. IGRA does not apply to other groups and, therefore, is inapplicable to the question posed here.