Code Title 67, Chapter 429A, B, C – Idaho Tribal Gambling Laws

Q: Who can negotiate a state-tribal gaming compact in Idaho?

The governor, or a person the governor designates, may represent Idaho in gaming-compact negotiations. The director of legislative services, or a designee, may attend as an observer and update the Legislative Council on the negotiations.

Q: Does § 67-429A legalize tribal casino gaming?

No. The statute does not independently legalize new forms of gambling. Instead, it allows Idaho to enter into compacts that authorize tribes to offer only forms of gaming that are already permitted under Idaho law.

Q: Can a tribal gaming compact authorize slot machines in Idaho?

A compact cannot authorize gaming that Idaho law does not allow. Idaho Code § 67-429B separately addresses qualifying tribal video gaming machines, which are not classified as slot machines under that statute when they meet its requirements and are expressly permitted by a compact.

Q: Does the Idaho Legislature have to approve every tribal gaming compact?

Not necessarily. The governor must provide each Legislative Council member with a copy at least 21 calendar days before signing. However, a proposed compact that does not meet the statute’s conditions is void unless both legislative houses approve it through a concurrent resolution.

Q: What notice must be given before a gaming compact is signed?

The governor must serve a copy of the proposed compact on every member of the Idaho Legislative Council at least 21 days before signing it. This gives state lawmakers advance notice of the agreement.

Q: Can tribes operate gaming outside Indian lands under § 67-429A?

Section 67-429A does not provide blanket permission for off-reservation gaming. The related compact-amendment statute, § 67-429C, specifically includes an agreement not to conduct gaming outside Indian lands.

Idaho Code § 67-429A is a central part of the state’s framework for tribal gaming. The statute outlines how Idaho may negotiate and enter into gaming compacts with federally recognized tribes under the Indian Gaming Regulatory Act. It gives the governor or an authorized representative a role in those negotiations while setting conditions that limit what a compact can approve.

Most importantly, a state-tribal compact cannot authorize a form of gambling that Idaho gambling laws otherwise prohibits, require the state to commit public funds, or bypass the required legislative notice process. This page explains what § 67-429A covers, how the compact process works, and why the provision matters to tribal casino gaming in Idaho.

Table of Contents

Tribal Gambling Laws

These three statutes work together to govern tribal gaming compacts and certain tribal video gaming machines in Idaho.

Idaho Code § 67-429A

This statute establishes the process for state-tribal gaming compacts. It allows the governor or an authorized designee to negotiate with tribes under the federal Indian Gaming Regulatory Act. Any compact may authorize only forms of gaming already permitted under Idaho law, cannot require the state to appropriate public funds, and must be provided to Legislative Council members at least 21 days before it is signed. A compact that fails to meet these requirements is void unless both houses of the Idaho Legislature ratify it.

Idaho Code § 67-429B

This addition defines and authorizes certain tribal video gaming machines when their use is specifically permitted in a state-tribal compact. These machines must be operated by a tribe, accept money or another representation of value to allow play, display game results and a player’s credit balance electronically, use a computer to randomly determine outcomes, issue cash-out tickets, and maintain the integrity of the terminal. The statute also states that a machine meeting these requirements is not considered a slot machine or a prohibited electronic imitation of casino gambling under Idaho law.

Idaho Code § 67-429C

This law gives tribes a streamlined process to amend an existing state-tribal gaming compact to include the video-machine terms described in § 67-429B. An amendment may permit tribal video machines, set initial growth limits based on the tribe’s January 1, 2002 machine count, require a 5% contribution of annual net gaming income to local education programs and schools on or near the reservation, and prohibit gaming outside Indian lands. A tribe can adopt these terms by filing a tribal resolution with the Idaho Secretary of State, although federal approval may still be necessary.

The key distinction: § 67-429A governs compact negotiation and approval; § 67-429B describes the machines; § 67-429C creates a specific amendment route for existing compacts involving those machines. These provisions do not independently legalize every type of casino game or authorize tribal gaming away from Indian lands.

Indian Gaming Regulatory Act

The Indian Gaming Regulatory Act (IGRA) is a federal law passed in 1988 that created the modern framework for gaming operated by federally recognized tribes on Indian lands. It separates tribal gaming into three classes: Class I gaming, such as traditional tribal games; Class II gaming, including bingo and certain card games; and Class III gaming, which includes casino-style games and other higher-stakes gaming.

In Idaho, IGRA is important because it provides the federal process for tribal gaming compacts. Under Idaho Code § 67-429A, the governor or a designated representative may negotiate these agreements with tribes. A compact may allow tribal gaming only to the extent that the form of gaming is already authorized under Idaho law, and it cannot require state funding. Idaho’s related statutes, §§ 67-429B and 67-429C, address qualifying tribal video gaming machines and compact amendments involving those machines.

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FAQs

Who can negotiate a state-tribal gaming compact in Idaho?

Does § 67-429A legalize tribal casino gaming?

Can a tribal gaming compact authorize slot machines in Idaho?

Does the Idaho Legislature have to approve every tribal gaming compact?

What notice must be given before a gaming compact is signed?

Can tribes operate gaming outside Indian lands under § 67-429A?

Resources:

Indian Gaming Regulatory Act

Disclaimer: The content on this page is for informational purposes only and is not intended as legal advice. Online gambling laws can vary from one jurisdiction to another and may change over time.