S-4500.2  _______________________________________________

                    SENATE JOINT MEMORIAL 8028

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State of Washington      54th Legislature     1996 Regular Session

By Senators Wojahn, Pelz, Sutherland, Heavey, Haugen, Schow, Oke and Morton

Read first time 01/22/96.  Referred to Committee on Labor, Commerce & Trade.

Requesting clarification of the Indian Gaming Regulatory Act of 1988.

    TO THE HONORABLE WILLIAM J. CLINTON, PRESIDENT OF THE UNITED STATES, AND TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES, IN CONGRESS ASSEMBLED:

    We, your Memorialists, the Senate and House of Representatives of the State of Washington, in legislative session assembled, respectfully represent and petition as follows:

    WHEREAS, The Indian Gaming Regulatory Act of 1988 was passed by Congress to protect tribal and state interests as they pertain to gambling; and

    WHEREAS, The primary intent of Congress was to allow for tribal economic development and self-sufficiency consistent with the state's public policy as it pertains to gambling; and

    WHEREAS, The conduct of Class III gaming within the state's boundaries is subject to the completion of a tribal-state compact; and

    WHEREAS, Only the gambling activities authorized for any person, organization, or entity for any purpose in accordance with state law, should be the subject matter of any negotiation; and

    WHEREAS, Some courts recognize states' interests in limiting the scope of gambling; other courts have failed to give adequate weight to state limitations on gambling within a state's borders; and

    WHEREAS, The public policy of the state of Washington, as expressed by the Legislature in 1994, is to limit the nature and scope of gambling activities through strict regulation and control; and

    WHEREAS, Washington state has been unable to carry out its public policy on gambling due to some courts' decisions not allowing the state to set reasonable limitations on gambling; and

    WHEREAS, Because Washington has been limited by court decisions to fulfill its public policy goal an unfair situation and an economic hardship has occurred for operators of non-Indian gambling establishments, which are licensed and regulated by the state;

    WHEREAS, Nationally there has been much disagreement between tribes and states as to the scope of gaming subject to negotiation under the Indian Gaming Regulatory Act of 1988;

    NOW, THEREFORE, Your Memorialists respectfully request:

    (1) Congress implement sufficient clarification of the Indian Gaming Regulatory Act of 1988 to ensure that only those specific gambling activities currently authorized under the laws of a particular state are subject to negotiation between a tribal government and a state government and that the clarification ensure that no state is required to negotiate on any specific type of gambling activity that is not either authorized, or played, or both, within a state's particular boundaries;

    (2) Congress additionally clarify the Indian Gaming Act to recognize that non-Indian gambling is important to the economic well-being of states and that a balance needs to be achieved between Indian and non-Indian gambling activities.

    BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable William J. Clinton, President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington.

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