[Congressional Record Volume 151, Number 104 (Wednesday, July 27, 2005)]
[Senate]
[Pages S9186-S9187]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. VOINOVICH (for himself and Mr. DeWine):
  S. 1518. A bill to amend the Indian Gaming Regulatory Act to modify a 
provision relating to the locations in which class III gaming is 
lawful; to the Committee on Indian Affairs.
  Mr. VOINOVICH. Mr. President, I rise today to introduce legislation 
with Senator DeWine which will close a loophole in the Indian Gaming 
Regulatory Act (IGRA). By clarifying this statute, a State's right to 
prevent unwanted forms of gambling in the State will be protected.
  The current laws governing Indian gambling are ambiguous when 
outlining which types of gambling are allowed. The provision in the 
Indian Gaming Regulatory Act, IGRA, that determines permitted gambling 
activities defines casino-style gambling as Class III, including slot 
machines, blackjack, craps, roulette, some lotteries and pari-mutuel 
racing. This class of gambling activity on Indian lands can only be, 
and I quote, ``located in a State that permits such gaming for any 
purpose by any person, organization or entity.''
  It is unclear whether this means that the statutory language should 
be read and applied in a class-wide or categorical sense or whether it 
should be read and applied on an activity-by-activity basis.
  District and circuit Federal courts have both considered this 
question. In 1991, a District Court in Wisconsin ruled that if a State 
permits one type of class III gaming, then all other types of class III 
gaming can be conducted in that State under the IGRA.
  On the other hand, in 1993 and 1994, the Eighth and Ninth Circuit 
Courts of Appeals construed the language of the

[[Page S9187]]

IGRA to mean that class III gaming in a particular State is limited 
under the Federal law to the specific activities that are permitted 
under that State's laws.
  In July 2005, the Tenth Circuit Court of Appeals revealed that these 
uncertainties continue when it ruled in favor of the Northern Arapaho 
tribe in their efforts to build a casino, with ``Vegas Style'' gambling 
in Wyoming. In this instance, the tribe argued that it is entitled to 
offer full Class III gambling because the State allows casino style 
activities for social or nonprofit purposes.
  In Ohio, gambling for commercial purposes is prohibited by the State 
Constitution. However, pari-mutuel racing and lottery are both 
permitted as well as charitable gambling on a very limited and 
controlled basis.
  The bill I am introducing today will clarify that Class III gambling 
under IGRA applies only on an activity-by-activity basis, rather than 
in a class-wide sense.
  I have been a long time supporter of a ban on casino gambling and 
have taken steps to keep casino gambling out of Ohio. As Mayor of 
Cleveland and as Governor of Ohio, I worked to inform Ohioans of the 
negative impact casino gambling has on our families and our economy, 
leading to gambling's defeat at the polls. These initiatives proved to 
be successful and have kept legalized gambling under control in Ohio.
  My introduction of this legislation comes at a time when the progress 
we've made is in danger of being compromised. Across the country, 
Indian tribes are looking to expand gambling and even looking at a 
State like Ohio where gambling is illegal. The distinction in my bill 
is necessary to help control the explosive growth of tribal casinos 
nationwide.
  I call on my colleagues to join us in cosponsoring this bill.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1518

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. CLASS III GAMING ACTIVITIES.

       (a) Definitions.--Section 4 of the Indian Gaming Regulatory 
     Act (25 U.S.C. 2703) is amended by adding at the end the 
     following:
       ``(11) Commercial purpose.--
       ``(A) In general.--The term `commercial purpose', with 
     respect to a gaming activity under this Act, means a gaming 
     activity operated on a for-profit basis.
       ``(B) Exclusion.--The term `commercial purpose', with 
     respect to a gaming activity under this Act, does not include 
     any gaming activity operated on a charitable or nonprofit 
     basis.''.
       (b) Gaming Activities.--Section 11(d) of the Indian Gaming 
     Regulatory Act (25 U.S.C. 2710(d)) is amended by striking 
     paragraph (1) and inserting the following:
       ``(1) Class iii gaming activities.--
       ``(A) In general.--A class III gaming activity shall be 
     lawful on Indian land only if the activity is--
       ``(i) authorized by an ordinance or resolution that--

       ``(I) is adopted by the governing body of the Indian tribe 
     that has jurisdiction over the Indian land on which the 
     activity is proposed to be conducted;
       ``(II) meets the requirements of subsection (b); and
       ``(III) is approved by the Chairman;

       ``(ii) subject to subparagraph (B), located in a State that 
     expressly permits the activity for any commercial purpose by 
     any person, organization, or entity in the constitution of 
     the State or any law of the State; and
       ``(iii) conducted in accordance with a Tribal-State compact 
     entered into by the Indian tribe and the State under 
     paragraph (3) that is in effect on the date on which the 
     ordinance or resolution relating to the activity is submitted 
     to the Chairman under paragraph (2).
       ``(B) Certain states.--A class III gaming activity 
     conducted under subparagraph (A)(ii) shall be conducted in 
     accordance with the applicable laws (including regulations) 
     of the State in which the activity is located, including 
     restrictions on the timing or frequency of the gaming 
     activity.''.

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