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SENATE JOINT MEMORIAL 8028
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Passed Legislature - 1996 Regular Session
State of Washington 54th Legislature 1996
Regular Session
By
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.
