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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
H0694
|||| 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