Historical Horse Racing Terminals vs Tribal Gaming Machines in respects to The Constitution of The State Of Idaho.

Historical Horse Racing Terminals vs Tribal Gaming Machines in respects to The Constitution of The State Of Idaho.

On Wednesday, February 11, 2015 the Idaho Senate State Affairs Committee voted in favor of sending S-1011, The Bill to Repeal the 2013 Historical Horse Racing Bill, to the floor to be voted on for repeal. Initially those of us opposing S-1011 was told we had to prove it was pari-mutuel. Expert testimony was provided on behalf of the pari-mutuel nature of the Historical Horse Racing Terminals. Following the presentation of testimony there should have been no doubt as to the validity of Historical Horse Racing Terminals (HHRT’s) being pari-mutuel by nature. The decision of the State Affairs Committee to send the bill to the Senate Floor was based off the feeling that (HHRT’s) were in violation of the Constitution Of The State Of Idaho Article III Section 20 Paragraph (2). Senator Werk made comment to the affect that he could not get over the feeling that they were an electronic simulation of a slot machine.

That then leads to the point of what is or is not an electronic simulation of a slot machine?

Why would Tribal Gaming Machines be explicitly stated in Title 67 Chapter 429B Paragraph(2)  Notwithstanding any other provision of Idaho law, a tribal video gaming machine as described in subsection (1) above is not a slot machine or an electronic or electromechanical imitation or simulation of any form of casino gambling.

 

To answer we need to look into the Indian Gaming Regulatory Act of 1988. 25 US Code 2703 – Definitions Paragraph (7) Section (B) The term “class II gaming” does not include—(i) any banking card games, including baccarat, chemin de fer, or blackjack (21), or(ii) electronic or electromechanical facsimiles of any game of chance or slot machines of any kind.

25 US Code 2710 – Tribal Gaming Ordinances Section (b) Regulation of class II gaming activity; net revenue allocation; audits; contracts

(1) An Indian tribe may engage in, or license and regulate, class II gaming on Indian lands within such tribe’s jurisdiction, if—

(A) such Indian gaming is located within a State that permits such gaming for any purpose by any person, organization or entity (and such gaming is not otherwise specifically prohibited on Indian lands by Federal law), and

(B) the governing body of the Indian tribe adopts an ordinance or resolution which is approved by the Chairman.

A separate license issued by the Indian tribe shall be required for each place, facility, or location on Indian lands at which class II gaming is conducted.

 

Since Tribal Gaming Machines have been defined by Idaho Code 67-429B to not be electronic simulation of a slot machine or of casino gaming, that then leads us to the fact that maybe we need to define what a simulation of a slot machine or casino gaming is. Since we know that in the eyes of a non-gaming expert, it could easily be mistaken that it is in fact a simulation of a slot machine or of casino gaming, is it not also likely that to the non-gaming expert eyes that a Historical Horse Racing Terminal also could be mistaken for a simulation of a slot machine or casino gaming?

What then would be a simulation?

In a letter dated December 21, 2004 from Penny J. Coleman to Mr. Kent R. Hagg she was responding to a classification opinion on DigiDeal Digital Card System, Trips or Better Poker. She was evaluating an electronic poker game in which a human dealer pushed electronic buttons to simulate the shuffling of cards and dealt players an electronic hand of cards which appeared on an electronic screen in front of said player. In reviewing this letter it appears that in order for a game to be deemed an electronic simulation it must be a facsimile of a game, the following is taken from Ms. Coleman’s letter

“By way of analogy, Sycuan Band of Mission Indians a. Roache, 54 F.3d 535, 542-543 (91h Cir. 1994) reviewed a wholly-electronic pull tab game, one in which the player bought and played pull tabs generated by computer and displayed on a video screen. The Ninth Circuit concluded that hs was an exact, self-contained copy of paper pull tabs and thus an electronic facsimile. Accmd, Cabam Band ofMission Indians 9. National Indian Gamiw~ Cmmissiim, 304 F.3d. 633,636 (D.C. Cir. 1994). Pull tab machines, however, that merely dispense, and display the results of, paper pull tabs are of a different sort.”

Therefore that leads to one of the following conclusion:

1)      Both Tribal Gaming Machines and Historical Horse Racing Terminals are NOT electronic or electromechanical imitation or simulation of any form of gambling, hence neither would be in violation of The Constitution Of The State Of Idaho and we should absolutely vote no to S-1011 to repeal the 2013 Historical Horse Racing Legislation and consider adding an amendment to the Idaho State Statutes declaring Historical Horse Racing Terminals are not an electronic or electromechanical imitation or simulation of any form of casino gambling OR

2)      Both Tribal Gaming Machines and Historical Horse Racing Terminal ARE electronic or electromechanical imitation or simulation of a form of gambling and are both in violation of The Constitution Of The State Of Idaho and we need to present a bill to repeal Title 67 Chapter 429B, which would then put Tribal Gaming Machines in violation not only of the Constitution Of The State Of Idaho but also in violation of The Indian Gaming Regulatory Act of 1988 by operating gaming in a state in which that form of gaming is not legal.

 

 

Trina Fackrell

 

 

 

If you would like to see the credentials of Penny J. Coleman it can be found at http://andersonindianlaw.com/attorney_penny.cfm

 

Gary Stevens to be Honored

Gary Stevens   Gary Stevens

Special Guest Mike Smith
FEB. 9th 2015
7PM-10PM
THE PENTHOUSE
CW MOORE BLDNG
250 S. 5th Street
Boise, Idaho
AN INVITATION
Jesse Taylor
Cell: (208) 847-5384
Email: tayljess@me.com
With the Passage of SCR101 the Idaho Legislature will honor
Native son, Gary Stevens for bringing great pride to his native
state. Please join us to further celebrate this great Idahoan!
Please RSVP.

Historical Racing Impact for 2014

Look at the impact in 1 Year

 

TREASURE VALLEY RACING – LES BOIS PARK

2014 Idaho Tax Revenue

$901,920 Total Taxes Paid

 

$223,401 to Idaho Schools

 

$372,728 to the Idaho State Racing Commission

 

$121,710 to the Idaho Horse Breeders Association

 

$119,455 to Small Rural Horse Tracks

 

$38,791 to the Idaho Horse Council Youth Programs

 

$21,323 to the Equine Fund

 Idaho Counties received $4,512

 

Racing Improvements

2014 Purses increased $899,778, an increase of 63% over 2013

WE NEED YOU TO CALL & EMAIL SENATOR STATE AFFAIRS NOW!!

WE NEED YOU TO CALL & EMAIL
SENATE STATE AFFAIRS NOW!!!

Chair, Senator Curt McKenzie 332-1407
Vice Chair, Senator Patti Anne Lodge 332-1320
Senator Bart Davis 332-1305
Pro Tem, Senator Brent Hill 332-1300
Senator Chuck Winder 332-1308
Senator Jeff C. Siddoway 332-1342
Senator Todd M. Lakey 332-1328

After being authorized only two years ago, Historical Horse Racing is in serious jeopardy.  Legislation repealing Historical Horse Racing Machines (like the one shown here at Les Bois Park) in Idaho is gaining support in the Idaho Legislature, but we cannot afford to lose this new revenue source. 
In its first six months, Historical Horse Racing has increased purses, lead to improvement in facilities, and provided more than $63,000.00 in funding to Idaho’s small track fund and breeding programs, and more than $156,000.00 has gone to Idaho schools and racing commission.  Imagine the impact after six years, or six decades.  We may never see the true impact.

CALL or EMAIL Members of the Idaho Senate State Affairs Committee (listed above), and ask them to SAVE HISTORICAL HORSE RACING.  Useful facts and figures can be found in the reports and facts attached to this email.

REPORTS & FACTS
Informational Booklet on Idaho Gaming
2010 Equine Status Report, University of Idaho

  • Idaho has an estimated 210,000 equine, including riding horses, draft horses, ponies, miniature horses, donkey, mules, wild horses and other equine.
  • Equine owners paid over $48 million in salaries to full and part time workers for the care and training of their equine.
  • Equine owners had a total of $1.6 billion in assets related to their equine, including the value of the equine, barns, and equipment.
  • Over 4 million acres in Idaho are devoted to the use and care of equine.
  • The state horse of Idaho, the Appaloosa, is derived from horses bred by the Nez Perce tribe in North Idaho and Eastern Washington. The breed was revitalized in the 1930s and the Appaloosa Horse Club has registered over 635,000 horses

Economic Impact of Pari-Mutuel Gaming in Idaho

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Congress Passes Tax Extender Bill for 2014

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The Equine Industry has lost a legend, you will be missed David Stoecklein
David
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Second Call for Nominations for Wild Horse and Burro Advisory Board

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