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H0694......................................................by STATE AFFAIRS INDIAN GAMING COMPACT - Adds to existing law to provide a statement of background and purpose; to provide for resolution of gaming issues between the Shoshone-Bannock Tribes and the state in federal court; to provide ratification and implementation of the gaming compact between the Shoshone-Bannock Tribes and the state for Class III gaming; authorizing the Governor to waive immunity provided by the Eleventh Amendment to the United States Constitution for issues arising under the compact; and providing for confidentiality of records. 02/25 House intro - 1st rdg - to printing 02/28 Rpt prt - to St Aff 03/03 Rpt out - rec d/p - to 2nd rdg 03/06 2nd rdg - to 3rd rdg 03/09 3rd rdg - PASSED - 48-21-1 AYES -- Barraclough, Bell, Black, Boe, Bruneel, Callister, Cheirrett, Crow, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23), Hansen(29), Jones, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader, Montgomery, Mortensen, Moss, Moyle, Pearce, Pomeroy, Reynolds, Ridinger, Sali, Schaefer, Sellman, Smith, Smylie, Stevenson, Stone, Taylor, Tilman, Wheeler, Wood, Mr Speaker NAYS -- Alltus, Bieter, Campbell, Chase, Clark, Cuddy, Henbest, Hornbeck, Jaquet, Judd, Kellogg, Marley, McKague, Meyer, Pischner, Ringo, Robison, Shepherd, Stoicheff, Trail, Zimmermann Absent and excused -- Barrett Floor Sponsors - Ellsworth, Kunz Title apvd - to Senate 03/10 Senate intro - 1st rdg - to St Aff 03/21 Rpt out - rec d/p - to 2nd rdg 03/22 2nd rdg - to 3rd rdg 03/29 3rd rdg - PASSED - 27-8-0 AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hawkins, Ipsen, King-Barrutia, Lee, Noh, Parry, Richardson, Risch, Sandy, Sorensen, Stegner, Thorne, Wheeler, Whitworth, Williams NAYS--Crow, Davis, Ingram, Keough, McLaughlin, Riggs, Schroeder, Stennett Absent and excused--None Floor Sponsor - Wheeler Title apvd - to House 03/30 To enrol 03/31 Rpt enrol - Sp signed 04/03 Pres signed - to Governor 04/12 Governor signed Session Law Chapter 220 Effective: 04/12/00
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 694 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO INDIAN GAMING; PROVIDING A STATEMENT OF BACKGROUND AND PURPOSE AND 3 TO PROVIDE FOR RESOLUTION OF GAMING ISSUES BETWEEN THE SHOSHONE-BANNOCK 4 TRIBES AND THE STATE IN FEDERAL COURT; TO PROVIDE RATIFICATION AND IMPLE- 5 MENTATION OF THE GAMING COMPACT BETWEEN THE SHOSHONE-BANNOCK TRIBES AND 6 THE STATE FOR CLASS III GAMING, AUTHORIZING THE GOVERNOR TO WAIVE IMMUNITY 7 PROVIDED BY THE ELEVENTH AMENDMENT TO THE UNITED STATES CONSTITUTION FOR 8 ISSUES ARISING UNDER THE COMPACT AND PROVIDING FOR CONFIDENTIALITY OF 9 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 13 subject 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 that policy. The 19 tribes believe that they are entitled to conduct gaming operations beyond what 20 the state believes is 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 Duane Thompson, have agreed to a compact dated 32 February 18, 2000, subject to ratification by the Idaho State Legislature and 33 adoption of implementing legislation. 34 SECTION 2. RATIFICATION AND IMPLEMENTATION PROVISIONS FOR THE SHOSHONE- 35 BANNOCK TRIBES AND THE STATE OF IDAHO COMPACT FOR CLASS III GAMING. (1) The 36 material terms of the Shoshone-Bannock Tribes and the State of Idaho Compact 37 for Class III Gaming, dated February 18, 2000, are hereby ratified. 38 (2) As contemplated by the Compact, the Governor is hereby authorized to 39 waive Eleventh Amendment immunity on behalf of the state of Idaho with regard 40 to issues arising under this Compact. 41 (3) The state is authorized to protect the confidentiality of records as 42 provided in the Compact. 2 1 SECTION 3. An emergency existing therefor, which emergency is hereby 2 declared to exist, this act shall be in full force and effect on and after its 3 passage and approval.
STATEMENT OF PURPOSE RS10183 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 I. C. Section 67-7409(6). The Attorney General's existing staff will represent the State with respect to legal proceedings contemplated by the compact. CONTACT: Rep. Kunz and Rep. Ellsworth (208) 332-1000 STATEMENT OF PURPOSE/ FISCAL NOTE H 694