Video gaming challenge dies

BOISE – An attempt by some legislative leaders to reverse a voter-passed initiative permitting video gaming machines in Indian casinos failed to make it out of a House committee Thursday.

House Concurrent Resolution 35 asked the attorney general to appoint an outside counsel to examine whether the machines used in Indian casinos violate the Idaho Constitution, which prohibits video gambling machines, and to set aside $75,000 to pay for the expected legal battle. The bill was defeated on a 13-4 vote.

Supporters of the resolution told the House State Affairs Committee that something must be done before gambling spreads throughout Idaho. But most committee members said the issue has already been addressed and that gambling opponents should finance their own court challenge. They questioned whether the legal cost might end up being much higher, and said having taxpayers finance a challenge to their own vote was inappropriate.

“I can’t believe that some private group in our state could not raise $75,000,” said Rep. Bob Ring, R-Caldwell, calling the proposal “fiscally irresponsible.”

Former Idaho Chief Justice Robert Bakes and former state Sen. Laird Noh, R-Kimberley, told committee members that gambling is synonymous with political corruption, but Idaho Indian Affairs Council Chairman Sen. Mike Jorgenson, R-Hayden Lake, disputed that.

“The implication that all gaming leads to corruption is like saying all politicians are corrupt,” Jorgenson said.

Committee member Rep. Eric Anderson, R-Priest Lake, said when explaining why he was voting against the resolution that he found the remarks quite offensive.

Bakes and resolution sponsor Rep. Bert Stevenson, R-Rupert, said it’s important for the state to determine once and for all if the initiative, which almost 58 percent of voters approved in 2002, violates the state constitution.

“You don’t have to be a rocket scientist to see that it does,” Bakes said.

He said failing to address the issue soon will lead to tribes building casinos off reservations, which could lead to regular citizens demanding the right to operate their own casinos by citing the equal protection clause in the state constitution.

“Should that occur, the state of Idaho will look like the sate of Nevada with slot machines in every grocery store, service station, restaurant, airport,” Bakes said.

But Jorgenson said that won’t happen.

“This is not Chicken Little,” Jorgenson said. “The sky is not falling. The sky is not falling. The sky is not falling.”

HCR35 caused uproar with Idaho tribes after it was introduced to a committee last week. The Indian Affairs Council requested to be notified of any legislation involving tribes, but members didn’t learn of this resolution until after it had been introduced.

Jorgenson emphasized that the council is set up to help the state and tribes cooperate.

“The intent here is to discuss issues and work collaboratively to resolve issues as opposed to having everybody go on the war path, excuse that expression,” Jorgenson said.

Rep. Mary Lou Shepherd, D-Prichard, voted against the resolution.

Shepherd said she’s seen first hand how casinos have improved the economy and helped address the poverty plaguing reservations.

Stevenson said after the meeting that he doesn’t intend to draft more legislation to challenge the casinos.

The vote followed about 2½ hours of testimony, the vast majority from tribal members opposed to the resolution.

Meghann M. Cuniff can be reached toll-free at (866) 336-2854 or by e-mail at meghann.cuniff@gmail.com.