Idaho Senate passes ‘instant racing’ repeal bill, sends it to House

BOISE – After a 90-minute debate that stretched through the noon hour, the Idaho Senate has voted 25-9 in favor of repealing so-called “instant racing” in Idaho, in the form of slot machine-like betting terminals that raise money in part for the state’s horse industry. The vote sends the repeal bill to the House; if it survives a committee and a full House vote there and receives the governor’s signature, the machines would become illegal July 1. Sen. Bob Nonini, R-Coeur d’Alene, led the opposition to the bill, saying, “A repeal would discourage other businesses from investing in Idaho for fear of having the rug pulled out from under their feet. … Don’t forget the agricultural importance of the industry and the enormous negative impact that comes with the repeal.” When other senators said the machines are clearly simulated slot machines, which the Idaho Constitution specifically bans, Nonini said, “We have to remember the courts are there to determine the constitutionality of laws that the Legislature makes. … If there’s an issue there, let the courts decide it.” Sen. Curtis McKenzie, R-Nampa, said, “I don’t think there is any way you can say that they are not a simulation of a slot machine – they were intended to be that. … It’s clear that the product itself does not fit within our constitutional definition. I don’t think that is a debatable issue. I’m a trial lawyer, I often advise clients on whether to go to trial or not. … A hundred juries out of 100 would find that these machines are simulations of slot machines. They clearly are.” Sen. Abby Lee, R-Fruitland, said, “I am absolutely in support of agriculture, I am in support of the horse industry. I am against things that are illegal, regardless of the benefit.” The bill was proposed by the Coeur d’Alene Tribe, which said both it and lawmakers were duped two years ago when proponents brought in legislation to legalize gambling on “historical horse racing,” promising a new type of simulcast betting on past horse races with the potential to save the state’s dwindling horse industry. Nonini was clearly angry about the tribe’s involvement, and told the Senate the tribe also “instigated” an investigation into the legality of the machines at the Greyhound Park by the Post Falls Police; that investigation is ongoing. Nonini, along with three other North Idaho state representatives, wrote a letter last week to the director of the Idaho Lottery questioning whether the tribe’s own gambling machines at its reservation casino are legal. Lottery Director Jeff Anderson said in a written response today that the lottery regulates the tribes’ machines, and they’re clearly legal, under both state and federal law. He also noted that the 9th Circuit U.S. Court of Appeals in 2006, in Idaho v. Shoshone-Bannock Tribes, ruled that further litigation between the state and Idaho tribes over tribal video gaming machines and whether they violate the Idaho Constitution was barred and the question was settled. Sen. Jim Rice, R-Caldwell, said the law that was passed two years ago wasn’t unconstitutional, though the machines installed in response to it clearly are. “What we’re repealing doesn’t actually authorize what we’re seeing,” he said. Sen. Steve Vick, R-Dalton Gardens, said, “The law is constitutional, the implementation is not. There should be consequences for that. But I think it’s too soon for the death penalty.” But Sen. Todd Lakey, R-Nampa, said, “For me this is about integrity of the process. We were persuaded to pass this legislation based on representations that were made. What was delivered was not what was represented.” Senate President Pro-Tem Brent Hill, the lead sponsor of SB 1011, said, “If we let them get away with this bait and switch, families we represent are the ones that are losing.”