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部落彩票系统

“友好诉讼”是如何开始的

印度博彩业监管法案(IGRA), 1988年由国会通过, permits tribes to conduct certain types of gaming (Class III) only if they enter a compact with the state. IGRA requires states to negotiate in good faith with tribes regarding any form of gaming that is authorized in the state for any person or purpose.

From the outset of Gaming Compact negotiations between the State of Washington and the Tribes, the two sides could not agree as to whether slot machines and other machine games were legal in Washington, 因此是IGRA的谈判主题. The Tribes argued that failure to negotiate for machines was an act of bad faith by the state.

IGRA provided for settlement of bad faith claims by filing suit in federal court. 然而, 好几个州, 包括华盛顿, asserted that they were not subject to such lawsuits because of the State's sovereign immunity. 美国.S. 最高法院接受了这一论点, effectively eliminating the dispute resolution process under IGRA where states assert immunity defenses.

In 1994, 为了解决老虎机的僵局, several tribes and former Governor Lowry and Attorney General Christine Gregoire on behalf of the State agreed to a limited waiver of immunity for the purpose of a consensual lawsuit (the "friendly lawsuit"). The parties agreed to present to the federal court the question of what types of gaming devices, 如果有任何, 是华盛顿州法律允许的吗, 他们同意接受法院的裁决.

法院的裁决和由此产生的谈判

9月26日, 1997, the court issued its order and held that the State was not required to negotiate slot machines, but that other gambling devices were subject to negotiation as long as they did not constitute:

1) Mechanical or lottery devices activated by the insertion of a coin or by the insertion of any object purchased by any person taking a chance by gambling in respect to the device.

2) Electronic or mechanical devices or video terminals which allow for individual play against such devices or terminals.

12 tribes that had tribal/state compacts for gaming negotiated a compact amendment with the Gambling Commission staff and the Attorney General's office over machines that fit within the Court's order. An "Agreement in Principle" was reached in June 1998 on a gaming device modeled after the state lottery.

拟议的契约修订条款(附录X)

A gaming system operated under the standards of the new amendment (Appendix X) would be called a “部落彩票系统” (TLS).

游戏类型:在线彩票 & 电子“刮”票

Games would use an electronic "smart" card or other cashless instrument

  • 自动取款机上没有现金进出

在线彩票游戏

  • 限5张(与州彩票一致)
  • 绘图不能超过每30分钟一次

Electronic "Scratch" Ticket Games – finite number of tickets with pre-determined number of winners and losers

游戏允许赢的钱(积分)可以重玩

最低奖金- 75%

No handles on player terminals; no mechanical spinning reels

最多5美元.00每赌

3 year moratorium on "machine" gambling negotiations–technical corrections still allowed

  • 第一年425英镑
  • 12个月后会增加到675吗
  • Tribes could obtain machine rights from other tribes; cap of 1,500 machines per tribe

各部落必须支付所有未付的监管账单

政府将在监管方面发挥重要作用

“部落”支付了大约25万美元的“启动”监管费用

  • 包括约3名FTE: 2名技术人员和1名代理
    • 基本的测试设备

部落将被要求做慈善和社区贡献

一个独立的实验室将测试系统组件, 那么国家就会同意或不同意, with samples of equipment delivered to the State for the purpose of determining compliance

未来的监管成本

  • 如果对国家的监管法案有争议, the tribes would pay the undisputed amount and put the disputed amount in an escrow account

时间线

A standing committee of the Legislature (Commerce and Labor Committee) held a public hearing on November 6, 1998; no comments were forwarded to the Commission.

The Gambling Commission had 45 days to hold hearings and to take a final vote on the amendments; was passed by a vote of 5:2 on November 12, 1998.

The agreement was forwarded to Governor Locke, who signed it on November 23, 1998.

Soon all tribes with Class III gaming compacts had adopted Appendix X and were operating tribal lottery systems and/or leasing their machine allocations to other tribes.

附录X的修订

在暂停修改附录X的规定到期后, several of the tribes with larger casinos negotiated to operate more terminals than the initial 1500 machine cap. In addition, some tribes wanted to operate terminals at more than one gaming facility. 谈判达成的协议的条款因部落而异.

附录X2

In 2006, the number of player terminals in the state was approaching the maximum allowed under Appendix X. The state and the tribes re-entered negotiations for a new compact amendment. 这些部落想要更多的玩家终端分配, 更高的赌注, 不限工作时间, and player terminals that accepted cash directly instead of just cashless instruments. The state wanted increased technical and operational controls on the tribal lottery systems, 支持戒烟和问题赌博项目. 最终达成的协议是附录X2,其中规定如下:

  • 每个部落都有975个终端.
  • 这里是2,500 cap on terminals at a single facility (some allocations could still be obtained from other tribes).
  • 每个部落15%的终端允许下注20美元.
  • 的Muckleshoot, Puyallup, 和Tulalip部落, 那里有多家赌场, 每个人是否被授权最多3个,500年终端, 哪个可以增加到4,三年后10000, 但不能超过2,500台机器可以放在一个设施里.
    •  0.13% of the net win from Class III gaming would go to organizations that helped reduce problem gambling.
    •  0.13% of the net win from the machines would go to organizations that helped discourage tobacco use.
  • Tribes would be required to make contributions to the community by providing for such programs as 政府ernmental services, 执法, 职业培训, 卫生保健, 和公共工程.
  • 部落会设定赌场的营业时间.
  • Technical and operational security measures to protect the tribal lottery systems from theft and fraud would be clarified and expanded.

In March, 2007, Governor Christine Gregoire and twenty-seven tribes signed 附录X2. Tribes began converting their tribal lottery systems to cash-in systems compliant with the new security requirements.