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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
]]]] 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
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