2005 Idaho Code - 67-429C — AMENDMENT OF STATE-TRIBAL GAMING COMPACTS

                                  TITLE  67
                      STATE GOVERNMENT AND STATE AFFAIRS
                                  CHAPTER 4
                                 LEGISLATURE
    67-429C.  AMENDMENT OF STATE-TRIBAL GAMING COMPACTS. (1) Any tribe with an
existing state-tribal gaming compact may amend its compact through the
procedure set forth in subsection (2) below to incorporate all of the
following terms:
    (a)  As clarified by this compact amendment, the tribe is permitted to
    conduct gaming using tribal video gaming machines as described in Section
    67-429B, Idaho Code.
    (b)  In the 10 years following incorporation of this term into its
    compact, the number of tribal video gaming machines the tribe may possess
    is limited to the number of tribal video gaming machines possessed by the
    tribe as of January 1, 2002, plus 25% of that number; provided, however,
    that no increase in any single year shall exceed 5% of the number
    possessed as of January 1, 2002. Thereafter, the tribe may operate such
    additional tribal video gaming machines as are agreed to pursuant to good
    faith negotiations between the state and the tribe under a prudent
    business standard.
    (c)  To the extent such contributions are not already required under the
    tribe's existing compact, the tribe agrees to contribute 5% of its annual
    net gaming income for the support of local educational programs and
    schools on or near the reservation. The tribe may elect to contribute
    additional sums for these or other educational purposes. Disbursements of
    these funds shall be at the sole direction of the tribe.
    (d)  The tribe agrees not to conduct gaming outside of Indian lands.
    (2)  To amend its compact to incorporate the terms set forth in subsection
(1) above, a tribe shall deliver to the Secretary of State a tribal resolution
signifying the tribe's acceptance of the terms. Immediately upon delivery of
such tribal resolution to the Secretary of State, (a) the tribe's state-tribal
gaming compact shall be deemed amended to incorporate the terms; (b) the
tribe's compact as so amended shall be deemed approved by the state in
accordance with Section 67-429A, Idaho Code, without the need for further
signature or action by the executive or legislative branches of state
government, and (c) except to the extent federal government approval is
required, the newly incorporated compact terms shall be deemed effective
immediately.
    (3)  Nothing in this section shall be construed to (a) indicate that any
gaming activity currently conducted by any tribe is unauthorized or otherwise
inappropriate under Idaho law or the tribe's existing compact, or (b) prohibit
a tribe from negotiating with the state for an initial compact or a compact
amendment regarding tribal video gaming machines or any other matter through a
procedure other than the procedure specified in subsection (2) above or which
contains terms different than those specified in subsection (1) above.