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S1178......................................................by STATE AFFAIRS
STATE-TRIBAL GAMING COMPACTS - Amends existing law to require the Governor
to serve a copy of a gaming compact on each member of the Legislature at
least twenty-one calendar days before the compact is signed; and to provide
that the compact shall not become effective unless the Legislature adopts a
concurrent resolution, in both houses, approving the compact.
02/22 Senate intro - 1st rdg - to printing
02/23 Rpt prt - to St Aff
03/01 Rpt out - rec d/p - to 2nd rdg
03/02 2nd rdg - to 3rd rdg
03/08 3rd rdg - PASSED - 31-1-3
AYES -- Andreason, Boatright, Brandt, Bunderson, Burtenshaw,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Goedde, Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge, Noh,
Richardson, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett,
Thorne, Wheeler, Whitworth, Williams,
NAYS -- Sims
Absent and excused -- Branch(Bartlett), Cameron, Hawkins
Floor Sponsor -- Noh
Title apvd - to House
03/09 House intro - 1st rdg - to St Aff
03/28 Rpt out - rec d/p - to 2nd rdg
Rls susp - PASSED - 63-3-4
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Clark, Collins, Cuddy, Deal,
Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner,
Gould, Hadley, Hammond, Hansen, Harwood, Henbest(Farley), Higgins,
Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher,
Mader, Marley, McKague, Montgomery, Mortensen, Moyle, Pearce,
Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer,
Sellman, Shepherd, Smylie, Stevenson, Stone, Tilman, Trail, Wheeler,
Wood, Young(Young), Mr. Speaker
NAYS -- Chase, Meyer, Pischner
Absent and excused -- Crow, Hornbeck, Moss, Smith
Floor Sponsor -- Stevenson
Title apvd - to Senate
03/29 To enrol
Rpt enrol - Pres signed
03/30 Sp signed - to Governor
04/04 Governor VETOED
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1178
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO GAMING COMPACTS BETWEEN THE STATE OF IDAHO AND FEDERALLY RECOG-
3 NIZED INDIAN TRIBES; AMENDING SECTION 67-429A, IDAHO CODE, TO REQUIRE THE
4 GOVERNOR TO SERVE A COPY OF A GAMING COMPACT ON EACH MEMBER OF THE LEG-
5 ISLATURE AT LEAST TWENTY-ONE CALENDAR DAYS BEFORE THE COMPACT IS SIGNED
6 AND TO PROVIDE THAT THE COMPACT SHALL NOT BECOME EFFECTIVE UNLESS THE LEG-
7 ISLATURE ADOPTS A CONCURRENT RESOLUTION IN BOTH HOUSES APPROVING THE COM-
8 PACT; AND DECLARING AN EMERGENCY.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 67-429A, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 67-429A. STATE-TRIBAL GAMING COMPACTS. (1) The governor or his designee
13 may represent the state of Idaho in any gaming negotiations the state is
14 requested to participate in pursuant to 25 U.S.C. section 2701 et seq. The
15 director of legislative services or his designee may attend all negotiations
16 pursuant to this section as an observer and shall brief the membership of the
17 legislative council on the status of the negotiations.
18 (2) The state may enter into those gaming compacts negotiated with Indian
19 tribes pursuant to this section provided:
20 (a) The compact only authorizes an Indian tribe to conduct those forms of
21 gaming authorized by Idaho law;
22 (b) The compact does not obligate the state of Idaho to appropriate state
23 funds; and
24 (c) The governor serves a copy of the compact on each member of the leg-
25 islative council legislature at least twenty-one (21) calendar days before
26 the compact is signed and the legislature adopts a concurrent resolution
27 in both houses approving the compact.
28 (3) Any proposed gaming compact not complying with subsection (2) of this
29 section shall be null and void unless ratified by both houses of the legisla-
30 ture by adoption of a concurrent resolution.
31 (4) No power, privilege or other authority shall be exercised under the
32 provisions of this section where otherwise prohibited by the constitution or
33 laws of the state of Idaho or the United States.
34 (5) The provisions of this section shall not be construed as a waiver of
35 any defenses or immunities to which the state of Idaho is entitled under
36 either the constitution or the laws of the state of Idaho or the United
37 States.
38 SECTION 2. An emergency existing therefor, which emergency is hereby
39 declared to exist, this act shall be in full force and effect on and after its
40 passage and approval.
STATEMENT OF PURPOSE
RS1118O
Idaho Code Section 67-429A, which authorized the Governor to enter
into gaming compacts without legislative approval, was passed at the
request of Governor Cecil Andrus in 1993.
This provision would require compacts negotiated by the Governor be
approved by the legislature with a concurrent resolution.
FISCAL IMPACT
None.
CONTACT: Senator Laird Noh
Telephone: 332-1333
STATEMENT OF PURPOSE/FISCAL IMPACT S 1178