Tribe demands Idaho certify new law banning instant racing machines

BOISE - The Coeur d’Alene Tribe has delivered a six-page legal demand letter to Idaho Secretary of State Lawerence Denney, asking him to certify SB 1011, the instant racing repeal bill, as the law of the state. Gov. Butch Otter vetoed the bill, but waited three days after his veto before delivering the vetoed bill back to the Idaho Senate, going past the five-day time limit set by the Idaho Constitution – which says if the governor doesn’t sign the bill within five days, excluding Sundays, or return it vetoed, it becomes law without his signature. “The controlling Idaho law on this matter is clear,” wrote Bill Roden, attorney and lobbyist for the tribe, in his letter to Denney. “The merits of S 1011 are not the subject of this letter, although I agree with the over two-thirds of the legislators who originally voted for the bill,” Roden wrote. “But, the constitutional provisions surrounding the manner by which legislation becomes law are significant and substantive, and should be of concern to all Idaho citizens.” In a news release, tribal Chairman Chief Allan said, “The law doesn’t give Secretary Denney a choice in the matter. It is not a matter of personal discretion. As a constitutional officer of the state of Idaho, it’s his official duty to follow Idaho law and certify S 1011.” There was no immediate response from Denney on Friday morning. The bill repeals a law passed two years ago to allow wagering on “historical” horse races, or previously run races; racing advocates told lawmakers that would bring in extra money to boost purses for live racing at Idaho tracks. But lawmakers weren’t prepared for the slot machine-like “instant racing” machines that were installed earlier this year, and suggested they’d been deceived about the tracks’ intent two years earlier. The machines were installed at three locations around the state, including the Greyhound Park Event Center in Post Falls. The tribe, which operates its own reservation casino under a negotiated gaming compact with the state and a voter-approved initiative that passed in 2002, proposed the repeal bill, and it passed both houses with veto-proof majorities. After Gov. Butch Otter missed the veto deadline but delivered the vetoed bill belatedly to the Senate, senators quickly voted, without debate, on a veto override but it failed with a 19-16 majority, short of the required two-thirds. The bill had earlier passed the Senate on a 25-9 vote, and the House on a 49-21 vote.