2006 Legislation
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HOUSE CONCURRENT RESOLUTION NO. 35 – Indian gaming, special counsel

HOUSE CONCURRENT RESOLUTION NO. 35

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Bill Status



HCR035.....................................................by STATE AFFAIRS
INDIAN GAMING - Stating findings of the Legislature and requesting the
Attorney General of the State of Idaho to appoint special counsel to bring
an action in a court of competent jurisdiction to determine whether
Sections 67-429B and 67-429C, Idaho Code, relating to authorized tribal
video gaming machines and state-tribal gaming compacts, violate the
Constitution of the State of Idaho.
                                                                        
02/09    House intro - 1st rdg - to printing
02/10    Rpt prt - to St Aff

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                             HOUSE CONCURRENT RESOLUTION NO. 35
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                               A CONCURRENT RESOLUTION
  2    PROVIDING LEGISLATIVE FINDINGS AND REQUESTING  THE  ATTORNEY  GENERAL  OF  THE
  3        STATE OF IDAHO TO APPOINT SPECIAL COUNSEL TO BRING AN ACTION IN A COURT OF
  4        COMPETENT  JURISDICTION TO DETERMINE WHETHER SECTIONS 67-429B AND 67-429C,
  5        IDAHO CODE, VIOLATE SECTION 20, ARTICLE III, OF THE  CONSTITUTION  OF  THE
  6        STATE  OF  IDAHO OR ANY OTHER SECTIONS OF THE CONSTITUTION OF THE STATE OF
  7        IDAHO.
                                                                        
  8    Be It Resolved by the Legislature of the State of Idaho:
                                                                        
  9        WHEREAS, Sections 67-429B and 67-429C, Idaho Code, approved by the  Indian
 10    Gaming  Initiative  (Proposition One of 2002), propose to authorize the use of
 11    video gaming machines; and
 12        WHEREAS, the Idaho Supreme Court, subsequent to the enactment of  Proposi-
 13    tion One in 2002, has determined that the type of video gaming machines autho-
 14    rized  by  Sections 67-429B and 67-429C, Idaho Code, are slot machines, and as
 15    such would violate Section 20, Article III, of the Constitution of  the  State
 16    of Idaho; and
 17        WHEREAS,  Section  20,  Article  III,  of the Constitution of the State of
 18    Idaho states that all gambling is contrary to public policy  and  is  strictly
 19    prohibited  except  for  (a)  a  state  lottery  authorized  by state law; (b)
 20    pari-mutuel betting authorized by state law; and (c) bingo raffle games  oper-
 21    ated  by qualified, charitable organizations authorized by state law, and that
 22    even those three gambling exceptions are prohibited from employing  "any  form
 23    of  casino gambling including, but not limited to, blackjack, craps, roulette,
 24    poker, baccarat, keno and slot machines, or employ any electronic or  electro-
 25    mechanical imitation or simulation of any form of casino gambling"; and
 26        WHEREAS,  the  Indian  gaming  authorized in Sections 67-429B and 67-429C,
 27    Idaho Code, by their express terms, appear to  explicitly authorize the Indian
 28    tribes to engage in an electronic or electromechanical imitation or simulation
 29    of a form of casino gaming contrary to Section 20, Article III, of the Consti-
 30    tution of the State of Idaho and other sections of  the  Constitution  of  the
 31    State of Idaho.
 32        NOW,  THEREFORE,  BE IT RESOLVED by the members of the Second Regular Ses-
 33    sion of the Fifty-eighth Idaho Legislature, the House of  Representatives  and
 34    the Senate concurring therein, that the Attorney General of the State of Idaho
 35    is  requested to appoint special counsel to bring an action in a court of com-
 36    petent jurisdiction to determine whether Sections 67-429B and  67-429C,  Idaho
 37    Code,  violate  Section  20,  Article III, of the Constitution of the State of
 38    Idaho or any other sections of the Constitution of the State of Idaho.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 15649C2

The purpose of this concurrent resolution is to request that the
Idaho Attorney General bring an action in a court of competent
jurisdiction to determine the constitutionality of Idaho Code
Sections 67-429B and 67-429C, which purport to authorize the use
of video gaming machines in Idaho.


                           FISCAL NOTE

Costs would be paid from the special litigation fund of the
Attorney General.  The costs are estimated to be between $25,000
and $75,000 dollars.





Contact
Names: Representative John A. Stevenson 
       Speaker Bruce Newcomb
       Representative Lawerence Denney
       Pro Tem Senator Robert Geddes
       Senator Bart Davis
Phone: (208) 332-1000



STATEMENT OF PURPOSE/FISCAL NOTE                        HCR 35