Full Text of SR0383 93rd General Assembly
SR0383 93RD GENERAL ASSEMBLY
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SR0383 |
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| SENATE RESOLUTION
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| WHEREAS, There have been frequent attempts in many states | 3 |
| by Native American tribes to appeal to the United States | 4 |
| Department of the Interior Bureau of Indian Affairs seeking | 5 |
| recognized tribal title to land, including in Illinois; and | 6 |
| WHEREAS, If the United States Department of Interior Bureau | 7 |
| of Indian Affairs determines that title to the land in dispute | 8 |
| genuinely belongs to a recognized Native American tribe, then | 9 |
| that tribe may seek to operate Indian gaming on that land | 10 |
| without regard to state law according to the federal Indian | 11 |
| Gaming Regulatory Act; and
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| WHEREAS, The federal Indian Gaming Regulatory Act requires | 13 |
| states to enter into negotiations for a gaming compact with | 14 |
| Indian tribes that seek to establish Indian gaming on | 15 |
| recognized Indian lands and, if a state refuses to do so, a | 16 |
| federal mediator may be appointed to decide the best offer for | 17 |
| a tribal-state compact with the Native American tribe being | 18 |
| treated as a sovereign nation not under the jurisdiction of any | 19 |
| state laws; and | 20 |
| WHEREAS, Several states have argued that the federal | 21 |
| requirement that states must negotiate compacts with Native | 22 |
| American tribes is a violation of the states' sovereign | 23 |
| immunity under the 11th Amendment to the United States | 24 |
| Constitution which says that "the judicial power of the United | 25 |
| States shall not be construed to extend to any suit in law or | 26 |
| equity, commenced or prosecuted against on of the United States | 27 |
| by Citizens of another State, or by Citizens or Subject of any | 28 |
| Foreign State"; and | 29 |
| WHEREAS, In 1998, the Prairie Band of Potawatomi Indians of | 30 |
| Kansas requested that the Department of Interior Bureau of | 31 |
| Indian Affairs review the Band's claim to 1280 acres of land in |
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| DeKalb County, Illinois, and in 2001 the Department of Interior | 2 |
| sent letters to the Illinois Governor and United States Speaker | 3 |
| of the House of Representatives, Dennis Hastert, indicating | 4 |
| that the Prairie Band may have a credible claim for | 5 |
| unextinguished title to this land; and
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| WHEREAS, There have been recent revelations that in fact | 7 |
| there could be more than one tribe seeking recognized title to | 8 |
| the disputed land and any premature discussions on gaming | 9 |
| should be avoided until the official tribal title is | 10 |
| recognized; and | 11 |
| WHEREAS, If the Department of Interior Bureau of Indian | 12 |
| Affairs does in fact eventually determine that title to the | 13 |
| land belongs to any Native American tribe, then negotiations | 14 |
| between the Native American tribe and the State of Illinois | 15 |
| should become a public forum with open hearings for the purpose | 16 |
| of receiving input from local leaders and businesses as well as | 17 |
| other interested parties; therefore, be it | 18 |
| RESOLVED, BY THE SENATE OF THE NINETY-THIRD GENERAL | 19 |
| ASSEMBLY OF THE STATE OF ILLINOIS, that the Governor of the | 20 |
| State of Illinois is strongly encouraged to convene a Joint | 21 |
| Committee of the Senate and the House to conduct public | 22 |
| hearings prior to agreement of any compact with a Native | 23 |
| American tribe for Indian gaming; and be it further | 24 |
| RESOLVED, That the 8-member Joint Committee shall be | 25 |
| appointed 2 each by the leader of each legislative caucus and | 26 |
| at least 4 of the appointees shall represent districts that are | 27 |
| within 25 miles of the territory proposed for Indian gaming; | 28 |
| and be it further | 29 |
| RESOLVED, That the Joint Committee of the Senate and the | 30 |
| House shall be charged with holding a series of public meeting | 31 |
| in DeKalb County as well as in other counties that have |
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| existing gaming facilities located within; and be it further | 2 |
| RESOLVED, That the purpose of the Joint Committee of the | 3 |
| Senate and the House is to evaluate the social and economic | 4 |
| impact of Indian gaming on the people of Illinois and to serve | 5 |
| the vested State and local public interest in any potential | 6 |
| action by the Office of the Governor to establish Indian gaming | 7 |
| in the State of Illinois; and be it further | 8 |
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RESOLVED, That a suitable copy of this resolution shall be | 9 |
| delivered to the Governor of the State of Illinois.
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