View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
H0372.....................................................by WAYS AND MEANS GAMING COMPACT - Adds to existing law to ratify a compact between the Shoshone-Bannock Tribes and the State of Idaho for class III gaming. 03/12 House intro - 1st rdg - to printing 03/15 Rpt prt - to St Aff
H0372|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 372 BY WAYS AND MEANS COMMITTEE 1 AN ACT 2 RELATING TO RESOLUTION OF LEGAL ISSUES INVOLVING INDIAN GAMING; TO SET FORTH 3 CERTAIN BACKGROUND INFORMATION AND PURPOSE AND TO PROVIDE FOR RESOLUTION 4 OF CERTAIN ISSUES RELATED TO INDIAN GAMING; AMENDING CHAPTER 4, TITLE 67, 5 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-429B, IDAHO CODE, TO PRO- 6 VIDE RATIFICATION OF THE SHOSHONE-BANNOCK TRIBES AND THE STATE OF IDAHO 7 COMPACT FOR CLASS III GAMING, TO PROVIDE AUTHORIZATION TO WAIVE ELEVENTH 8 AMENDMENT IMMUNITY, AND TO PROVIDE AUTHORIZATION TO PROTECT CONFIDENTIAL- 9 ITY OF RECORDS; AND DECLARING AN EMERGENCY. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. BACKGROUND AND PURPOSE. The Indian Gaming Regulatory Act, 25 12 U.S.C. section 2701 et seq., provides for gambling on Indian reservations sub- 13 ject to certain limitations. The State of Idaho and the Shoshone-Bannock 14 Tribes have differed as to the application of those limitations in Idaho. 15 It is the strong public policy of the State of Idaho to forbid all forms 16 of gambling, including casino-style gambling except a state lottery, 17 pari-mutuel betting, and charitable bingo and raffle games. Nothing contained 18 in this act can or should be construed in contravention of said policy. The 19 Tribes believe that they are entitled to conduct gaming operations beyond what 20 the State believes to be legally permissible. 21 It is necessary to have a neutral judicial forum available to resolve 22 these issues and to provide a framework for the resolution of future issues 23 that may arise with respect to tribal gaming. To that end, the parties have 24 agreed to resolve these legal disputes in federal court. The resolution of 25 such disputes in federal court requires legislation authorizing the State to 26 waive its Eleventh Amendment immunity from suit by the Tribes in federal 27 court. The Shoshone-Bannock Tribes have agreed to adopt a tribal ordinance 28 authorizing the waiver of their claims of sovereign immunity with respect to 29 such disputes. 30 To address the foregoing matters, the State and Tribes, through Governor 31 Dirk Kempthorne and Chairman Keith Tinno, have agreed to a compact dated March 32 15, 1999, subject to ratification by the Idaho State Legislature and adoption 33 of implementing legislation. 34 SECTION 2. That Chapter 4, Title 67, Idaho Code, be, and the same is 35 hereby amended by the addition thereto of a NEW SECTION , to be 36 known and designated as Section 67-429B, Idaho Code, and to read as follows: 37 SECTION 67-429B. RATIFICATION AND IMPLEMENTATION PROVISIONS FOR THE 38 SHOSHONE-BANNOCK TRIBES AND THE STATE OF IDAHO COMPACT FOR CLASS III GAMING. 39 (1) The material terms of the Shoshone-Bannock Tribes and State of Idaho Com- 40 pact for Class III Gaming, dated March 15, 1999, are hereby ratified. 41 (2) As contemplated by the compact, the governor is hereby authorized to 42 waive eleventh amendment immunity on behalf of the state of Idaho with regard 2 1 to issues arising under this compact. 2 (3) The state is authorized to protect the confidentiality of records as 3 provided in the compact. 4 SECTION 3. An emergency existing therefor, which emergency is hereby 5 declared to exist, this act shall be in full force and effect on and after its 6 passage and approval.
STATEMENT OF PURPOSE
RS09216
This bill ratifies the Shoshone-Bannock Tribes and State of Idaho
compact for Class III gaming and provides a mechanism for resolution
of legal issues regarding Indian gaming. The State of Idaho and the
Shoshone-Bannock Tribes have disagreed for several years as to the
types of games that may legally be played by the tribes in Idaho.
This legislation would create a mechanism for legal resolution of
this disagreement as well as future differences that may arise under
the compact. This is accomplished through waiver of the state's
Eleventh Amendment immunity and tribal waiver of tribal sovereign
immunity. The bill also authorizes the state to protect the
confidentiality of tribal records.
FISCAL NOTE
Ongoing monitoring of Class III gaming is provided by the Idaho State
Lottery pursuant to Idaho Code 67-7409(6). The attorney general's
existing staff will represent the State with respect to legal
proceedings contemplated by the compact.
CONTACT: Michael Bogert, Office of the Governor
(208) 334-2100
David High, Office of the Attorney General
(208) 334-2400
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 372