Ricketts appoints Fulton to Racing and Gaming Commission

June 15, 2021, midnight ·

Ricketts' appointment letter for Fulton
Letter announcing Gov. Pete Ricketts appointment of Tony Fulton

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Gov. Pete Ricketts has appointed Tax Commissioner Tony Fulton, a longtime opponent of expanded gambling, to the commission overseeing the startup of casinos in Nebraska.

The initiative approved by voters last year allowing casinos at the state’s six racetracks requires the governor to appoint two new members to the Racing and Gaming Commission, which will oversee those casinos.

Last week, Ricketts named Tax Commissioner Tony Fulton to one of those spots, which the initiative says should go to someone with "experience in the Nebraska gaming industry.”

Initiative language on new appointees
This is language in the gambling initiave voters approved last year.

Lynne McNally of the Nebraska Horsemen’s Benevolent and Protective Association, which own the tracks in Lincoln and Omaha where casinos will be built, says she’s confused how Fulton’s experience fulfils that legal requirement.

“The only experience I could think of that he would have in the gaming industry is that the Nebraska Lottery is a division of the Department of Revenue and he’s the tax commissioner. I’m not aware of any other gaming experience he would have, especially since he was on the board of Gambling With the Good Life,” McNally said.

Gambling with the Good Life is a group opposed to expanded gambling that unsuccessfully opposed last year’s initiative campaign. Pat Loontjer of Gambling with the Good Life said Fulton was not actually on the board, but had served the organization as an advisor. Loontjer praised Ricketts appointment of Fulton.

“I think he’ll be very fair and objective, and I think he’ll bring balance to the board,” Loontjer said.

In a statement, Ricketts spokesperson Taylor Gage cited Fulton’s experience as tax commissioner. “Tony Fulton is going to do a great job on the Gaming Commission. There aren’t many folks in our state with experience in regulating gaming. Tony brings experience because he oversees the Charitable Gaming Commission as the Tax Commissioner, which includes the state lottery and keno,” Gage said.

Picture of Tony Fulton
Tony Fulton (Source: Wikimedia Commons)

Fulton has already begun participating on the commission, joining its meeting last Friday. But Sen. Tom Briese, chair of the Nebraska Legislature’s General Affairs Committee, which oversees gambling legislation, says Fulton will have to appear before the committee next year and then be voted on by the full Legislature to be finally confirmed.

Briese was asked if he’s concerned that Fulton’s anti-gambling background, both as a state senator and as an adviser to gambling opponents, might result in slowing down the rulemaking and licensing casinos will need to begin operating.

“I certainly don’t have any concerns at this point. However, those are issues that we will most certainly delve into as a committee at the confirmation hearing,” Briese said.

Fulton said he’s not out to slow down casinos’ opening. He said he views his appointment as a way to implement what voters said they wanted, in a well-regulated fashion.

“I have respect for the process. I mean, people voted on this. And yeah, I didn’t get my way – I didn’t vote in favor of this. But a lot more people did than didn’t. so Nebraskans have spoken. And now I expect that Nebraskans want to have an ordered and regulated structure going forward such that this can be a success,” Fulton said.

McNally said based on Fulton’s participation in the meeting last week, she’s optimistic, adding that she hopes “he will do what’s best for the state of Nebraska, and get these facilities open as soon as possible.”

McNally said hopes licenses can be granted and construction on the casinos can begin yet this year. Fulton declined to say if he thinks that’s realistic.