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Attorney General Candidate claims State broke law allowing Indian Gaming compacts

Hoch believes the state of Minnesota violated MN Statute 3.9221 when it negotiated the existing tribal-state compacts for the regulation of class III gaming in Minnesota.

As evidence, Mr. Hoch points to the language of this statute, which reads:

“3.9221 Indian Tribes; Compacts to be negotiated

Subdivision 1.Definition.

For purposes of this section, ‘act’ means the Indian Gaming Regulatory Act, Public Law 100-497, and future amendments to it.

Subd. 2.Negotiations authorized.

The governor or the governor's designated representatives shall, pursuant to section 11 of the act, negotiate in good faith a tribal-state compact regulating the conduct of class III gambling, as defined in section 4 of the act, on Indian lands of a tribe requesting negotiations. The agreement may include any provision authorized under section 11(d)(3)(C) of the act. The attorney general is the legal counsel for the governor or the governor's representatives in regard to negotiating a compact under this section. If the governor appoints designees to negotiate under this subdivision, the designees must include at least two members of the senate and two members of the house of representatives, two of whom must be the chairs of the senate and house of representatives standing committees with jurisdiction over gambling policy.

Hoch further quotes from the state of Minnesota’s own website (http://archive.leg.state.mn.us/docs/2004/other/040480.pdf) the following:

Minnesota was the first state to enter into negotiations with Native American governments following the passage of IGRA. The 1989 Legislature instructed Governor Perpich to appoint a three-member negotiating team (consisting of Senator Ron Dicklich, Representative Becky Kelso, and Department of Revenue attorney Dorothy McClung).

This was in direct violation of MN Statute 3.9221. Further, former Governor Perpich then executed (signed) these Compacts into law, without securing the Legislative Authority to do such. In fact, no Minnesota Governor has ever been granted the Legislative Authority to execute any Gaming Compact.

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