[DOWNLOAD] "State Ex Rel. Stephan v. Finney" by Supreme Court of Kansas * Book PDF Kindle ePub Free

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eBook details

• Title: State Ex Rel. Stephan v. Finney
• Author : Supreme Court of Kansas
• Release Date : January 10, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 75 KB

Description

This is an original action in mandamus and quo
warranto wherein the Attorney General of Kansas challenges the
authority of the Governor of Kansas to negotiate and enter into a
binding tribal-state compact under the Indian Gaming Regulatory
Act (IGRA) (25 U.S.C. § 2701 et seq. [1988]). The compact in
issue authorizes casino gambling on the Kickapoo Indian
Reservation located within the State of Kansas, said gambling
operation to be monitored by the State of Kansas. Additional
issues involve whether or not this original action is an
appropriate vehicle for the determination of the central issue. At this point a statement relative to the enactment and
provisions of IGRA is appropriate to establish the background
giving rise to this litigation. IGRA became law on October 17,
1988. See United States Senate Bill No. 555. The bill was
referred to the Select Committee on Indian Affairs. The
Committee's report filed August 3, 1988, (S. Rep. No. 446, 100th
Cong., 2d Sess. 1-6, reprinted in 1988 U.S. Code Cong. & Ad.
News 3071) contains an in-depth discussion of the development and
purpose of the Act. The following is excerpted therefrom:

"PURPOSE

"S. 555 provides for a system for joint regulation
by tribes and the Federal Government of class II
gaming on Indian lands and a system for compacts
between tribes and States for regulation of class III
gaming. The bill establishes a National Indian Gaming
Commission as an independent agency within the
Department of the Interior. The Commission will have
a regulatory role for class II gaming and an
oversight role with respect to class III.

"BACKGROUND "S. 555 is the outgrowth of several years of
discussions and negotiations between gaming tribes,
States, the gaming industry, the administration, and
the Congress, in an attempt to formulate a system for
regulating gaming on Indian lands. In developing the
legislation, the issue has been how best to preserve
the right of tribes to self-government while, at the
same time,
[251 Kan. 561]

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