Bill Text: MI HR0257 | 2019-2020 | 100th Legislature | Introduced
Bill Title: A resolution to reaffirm the sovereignty of tribal nations and to encourage the Michigan Attorney General to not infringe on that sovereignty.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2020-06-23 - Adopted [HR0257 Detail]
Download: Michigan-2019-HR0257-Introduced.html
house resolution no.257
Rep. LaFave offered the following resolution:
Whereas, Article I, Section 8 of the U.S. Constitution recognizes tribal nations as sovereign governments. Tribal nations' right to self-governance has been repeatedly reaffirmed by treaties, the U.S. Supreme Court, executive orders, and laws enacted by Congress; and
Whereas, The Indian Gaming Regulatory Act of 1988 permits tribes to operate Class III casino-style gaming activities on Indian reservations. The state of Michigan has entered into tribal-state compacts with twelve federally-recognized tribes to authorize Class III casino-style gaming. The state of Michigan has no authority to regulate Indian gaming, except to ensure compliance with the provisions of each tribal-state compact; and
Whereas, In response to the novel coronavirus (COVID-19), the Governor has issued a number of executive orders to limit the operation of businesses and require people to stay home, with exceptions, through May 28, 2020. Despite most cases of COVID-19 being reported in the southern part of the state, far from a majority of Indian casinos, tribal governments followed federal and state guidelines to close Class III casino-style gaming facilities under their jurisdiction; and
Whereas, After weeks of economic closure and staying at home, the number of COVID-19 cases has steadily declined. Tribal governments, often relying on casino revenue to fund services and infrastructure, announced plans to reopen casinos before the Governor's most recent stay-at-home order expires. The Hannahville Indian Community announced plans to reopen a casino in the Upper Peninsula in phases beginning May 6, 2020; and
Whereas, On May 5, 2020, in a letter addressed to the Hannahville Indiana Community Tribal Chairperson, the Michigan Attorney General warned that casino employees and patrons who visit the casino prior to the expiration of the Governor's stay-at-home order would be subject to civil and criminal penalties. Although the letter acknowledges the tribe's right to self-governance, which includes the right to reopen its casinos at any date, it serves as a veiled-threat to control the actions of a sovereign tribal nation; now, therefore, be it
Resolved by the House of Representatives, That we reaffirm the sovereignty of tribal nations and encourage the Michigan Attorney General to not infringe on that sovereignty; and be it further
Resolved, That copies of this resolution be transmitted to the Governor and the Michigan Attorney General.
