TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 4

LEGISLATURE

67-429A.  State-tribal gaming compacts. (1) The governor or his designee may represent the state of Idaho in any gaming negotiations the state is requested to participate in pursuant to 25 U.S.C. section 2701 et seq. The director of legislative services or his designee may attend all negotiations pursuant to this section as an observer and shall brief the membership of the legislative council on the status of the negotiations.

(2)  The state may enter into those gaming compacts negotiated with Indian tribes pursuant to this section provided:

(a)  The compact only authorizes an Indian tribe to conduct those forms of gaming authorized by Idaho law;

(b)  The compact does not obligate the state of Idaho to appropriate state funds; and

(c)  The governor serves a copy of the compact on each member of the legislative council at least twenty-one (21) calendar days before the compact is signed.

(3)  Any proposed gaming compact not complying with subsection (2) of this section shall be null and void unless ratified by both houses of the legislature by adoption of a concurrent resolution.

(4)  No power, privilege or other authority shall be exercised under the provisions of this section where otherwise prohibited by the constitution or laws of the state of Idaho or the United States.

(5)  The provisions of this section shall not be construed as a waiver of any defenses or immunities to which the state of Idaho is entitled under either the constitution or the laws of the state of Idaho or the United States.

History:

[67-429A, added 1993, ch. 408, sec. 2, p. 1500; am. 1996, ch. 159, sec. 2, p. 503.]