Idaho Indian tribes' heartfelt testimony in Boise this week appears to have paid off.
After last-minute negotiations Friday, a Senate committee that was poised to vote on a bill restricting tribal gaming suddenly was presented with two new bills.
One is a toned-down version of the original bill. The other is a resolution encouraging the governor to form a committee to study Indian gaming.
Both were sent to the full Senate by unanimous votes. The original bill was dropped.
But the Senate State Affairs Committee, on a 7-2 vote, also approved a non-binding memorial that calls on the federal government to crack down on reservation gambling in Idaho.
Although the tribes tentatively see the new bills as an improvement, they're not pleased with the harsh language of the memorial.
"If gaming is so bad, then, again, why is the state doing it?" asked Ernie Stensgar, chairman of the Coeur d'Alene Tribe.
Under federal law, sovereign Indian tribes can engage in any kind of gambling that is legal elsewhere in the state. Tribes have used the law that legalized the state lottery, in part, to argue that they can operate video gambling machines.
Those machines have brought new prosperity to the long-depressed reservations.
"We've had Indians and non-Indians testify about the good of Indian gaming," Stensgar said. "I don't believe they realize how much of a setback it would be for our tribes and our communities if those machines were taken away."
Tribal unemployment has plunged since the casinos opened on the Coeur d'Alene, Kootenai and Nez Perce reservations. The Coeur d'Alenes have donated hundreds of thousands of dollars to area schools, purchased a bus for senior citizen programs and built a college scholarship fund for their young people.
The Kootenai Tribe this week offered to donate $93,000 to the struggling Boundary County school district if the anti-tribal gambling bill were defeated.
On Friday, the Kootenais' lobbyist, former state Sen. Skip Smyser, said he couldn't tell yet where the new legislation left that offer.
"We're going to analyze it over the weekend," Smyser said. "Monday, we should have an idea where we're going."
Lobbyists for the tribes were involved in the negotiations that took place between the governor's office and legislative leaders this week, but none had seen the final legislation when it was handed out Friday to a surprised committee.
David High, the deputy attorney general who drafted the original bill for the governor and who drafted the new version, said, "I believe the prior version was viewed as too confrontational with the tribes."
The new bill focuses more on what the lottery can do, High said. It also could affect tribal gaming, but to a lesser degree.
The original bill declared that the state lottery can't offer video lottery, video pull-tab games "or any similar electronic or electromechanical imitation or simulation of any form of gambling."
The idea was to short-circuit tribal claims that their machines are the same as the lottery's games.
The new bill leaves out any reference to video machines, saying only, "The lottery may only offer lotto games, scratch ticket games and paper pull-tab games."
Frank Lockwood, spokesman for Gov. Phil Batt, said, "The lawyers are going to argue about this just like they argue about anything else, but I think this legislation strengthens the governor's hand."
Stensgar said the tribes don't plan any changes as a result of the legislation.
"Our operations are going to continue, and that's what we wanted all along," he said. "We still believe that we're operating legally."
Stensgar was hopeful that the governor's study committee will help settle the issue. "Hopefully sitting around a table as peers, we can come to some conclusion," he said.
Rather than saying they oppose gambling, state officials should acknowledge that limited gambling - like the state lottery and tribal gaming - can help government purposes like schools, Stensgar said.
"They could say we oppose full-fledged gaming, but we realize that some gaming is good for governments and what they're trying to do."