Print Friendly HOUSE BILL NO. 372 – Gaming compact, Shoshone-Bannock
HOUSE BILL NO. 372
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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
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature First Regular Session - 1999
IN 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
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
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.
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
David High, Office of the Attorney General
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 372