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Arizona has allowed Class III Gaming since 1988, when Congress enacted the
Indian Gaming Regulatory Act
to establish federal requirements for Indian Gaming. In addition
to the National Indian Gaming Commission’s
authority regarding Tribal gaming, the Arizona Department of Gaming regulates
many aspects of Tribal gaming, from supplier’s licenses to Tribal-State Compact
negotiations
Sixteen tribes have signed Class III Gaming Compacts with the State of Arizona
and fifteen of those tribes have opened casinos. From 1988 to 2003, Arizona
allowed only electronic gaming devices, such as: keno, lottery, off-track wagering
and pari-mutuel wagering on horse and dog racing. In 2003, however, the
State of Arizona began allowing Class III blackjack.
Click here to see a more
detailed timeline of Arizona’s Gaming Development and Regulation.
Timeline of Arizona’s Gaming Development and Regulation
| 1987 |
Cabazon Court Case - the legal foundation upon which
Indian gaming law is built. |
| 1988
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Indian Gaming Regulatory Act ("IGRA") - Congress
responded to Cabazon by enacting IGRA, which establishes the federal
legislative framework for Indian Gaming. |
| 1992
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Yavapai-Prescott Indian Tribe v. Arizona - a federal
district judge in Arizona ruled that the state must negotiate with the
tribe and attempt to conclude a compact.
The Legislature establishes the State Gaming Agency within the Department
of Racing. |
| 1993
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Yavapai-Prescott Case - the federal mediator chose the
tribe's last, best offered compact over the state's recommended compact.
Negotiations followed resulting in the "standard form" compacts. |
| 1994 |
Sixteen tribes had signed compacts and ten casinos were
in operation by December 31, 1994. |
| 1995
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The Legislature creates the Department of Gaming.
The Salt River Pima-Maricopa Indian Community files a lawsuit in federal
court seeking to force tribal-state compact negotiations. |
| 1996
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Seminole Court Case - the U.S. Supreme Court declared
provisions in IGRA allowing states to be sued without their consent were
unconstitutional.
A federal court judge dismisses the Salt River Court Case based on the
Seminole decision. The tribe appealed.
Rumsey Court Case - the 9th Circuit Court of Appeals held that Class
III gaming was to be examined game by game and allowed on Indian land
only if permitted by a specific state law.
Based on the Rumsey decision, Governor Symington refuses to negotiate
a standard form compact with the Salt River Pima-Maricopa Indian Community.
The tribe's initiative measure requiring the governor to sign a standard
form compact with any tribe seeking a compact with the State is placed
on the general election ballot. Voters approve the measure, but the law
is challenged in Superior Court. Ultimately, the Arizona Supreme Court
upholds the initiative measure.
Sears Case - the Superior Court rules that the Governor of Arizona lacks
the authority to negotiate a compact with Salt River permitting slot machines
and/or keno. The decision is appealed to the Arizona Supreme Court. |
| 1998
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The Arizona Supreme Court overturns the decision in
the Sears Case on the basis that the Sears did not have standing
to bring suit. Governor Hull begins compact negotiations with the Salt
River Pima-Maricopa Indian Community and signs a compact on August 16,
1998. |
| 2000
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The Governor begins negotiating the renewal of the tribal-state
compacts. Expiration of the current compacts begin in June, 2003, if not
renewed.
American Greyhound Case - Arizona horse and dog tracks sue the Governor
Hull in federal court seeking either an injunction prohibiting the Governor
from signing new compacts or a ruling permitting the tracks to have slot
machines. |
| 2001
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The court granted the request for an injunction in the
American Greyhound Case and issued a ruling that among other things, the
state legislature had unconstitutionally delegated its compacting authority
to the Governor, and the tribes were not an indispensable party. However,
the ruling provided that the Governor did have the authority to continue
to negotiate compacts with the tribes, but may not enter into new compacts
without proper legislative approval. The state appealed. |
| 2002 |
January/February. Governor Hull and 17 tribes successfully
conclude negotiations on an agreement for new tribal-state compacts.
April/May. The Governor and tribes take their agreement, as a resolution,
to the legislature for approval. The legislature fails to pass the resolution.
June/July. The 17 tribes gather enough signatures to put the tribal-state
agreement on the 2002 General Election ballot as Proposition 202. Two
additional gaming initiatives also appeared on the ballot, Proposition
200 sponsored by the Colorado River Indian Tribes (CRIT) and Proposition
201 sponsored by the race track industry.
In September, the 9th Circuit Court of Appeals overturns the decision
in the American Greyhound Case. The court ruled that the tribes
were a necessary and indispensable party, and that the district court
abused its discretion in ruling to the contrary. They vacated the
lower court decision and remanded it with instructions to dismiss the
case. Power to sign compacts is returned to the Governor.
In November, Proposition 202 passes. Proposition 200 and 201, the other
two gaming initiatives fail.
In December, Governor Hull and 15 tribal leaders sign new compacts. |
| 2003 |
By June 30, 2003, Governor Janet Napolitano and 6 tribal
leaders sign compacts. |
Regulators:
Arizona Department of Gaming
202 East Earll Drive, Suite 200
Phoenix, Arizona 85012
Phone No. (602) 604-1801
Fax No. (602) 255-3883
Website
Paul Bullis, Director
Penny Taylor Moore, Deputy Director
Ron Gomez, Deputy Director
Ron Ruiz, Deputy Director
Northern Arizona Office
1338 W. Forest Meadows Drive
Suite 120
Flagstaff, Arizona 86001
Phone. (928) 214-9410
Southern Arizona Office
400 W. Congress Street
Suite 156
Tuscon, Arizona 85701
Phone. (520) 628-6468
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