Arizona Bill Would Legalize Electronic Bingo; Incite Tribal Suits

Arizona lawmakers are considering a bill that would legalize electronic bingo. But there are complications since it is uncertain whether deploying the games would violate the state tribal gaming compacts. In an unrelated report, Bernadine Burnette (l.), president of the Fort McDowell Yavapai Nation, has been elected chairman of the Arizona Indian Gaming Association.

Arizona State Senator Sonny Borrelli has introduced a bill that would legalize electronic bingo. The News-Herald reports that this development concerns the Arizona Gaming Commission, which feels it could impact the state’s tribal gaming compacts.

The electronic gaming machines are Class II machines that can be offered at Indian casinos, but not at public businesses. The bill would allow bars that sell wine and beer and don’t allow minors to enter to offer the games and slap a 2.5 percent tax on the machines, which would be earmarked for early childhood education and the state police.

The gaming commission is worried because Borrelli claims that Class II gaming are not covered by the state tribal gaming compacts, when in fact they are.

Arizona’s Department of Gaming spokesman Kristian Fasching told the News-Herald: “While bingo is legal in Arizona for recreational purposes and for certain non-profits, electronic bingo machines—such as the ones Senator Borrelli wants—would fall under the definition of a bingo gambling device or video lottery terminal, and would be covered under (Arizona regulatory statutes) and the tribal-state compact.”

The problem is that electronic bingo machines and video lottery terminals look very similar, yet the VLTs are legally considered Class III machines, and are by compact reserved for tribal casinos.

In a separate but related development, Bernadine Burnette, president of the Fort McDowell Yavapai Nation, has been elected chairman of the Arizona Indian Gaming Association (AIGA). The election occurred on January 13. She has been an officer of the association several times during the 20 years she has been president of the Yavapai Nation and has also served as secretary of the National Indian Gaming Association.

AIGA represents 15 member tribes. In a press release she stated: “I am humbly and respectfully thankful for the confidence of the member tribes to represent the Arizona Indian Gaming Association as we continue to protect tribal gaming.” She added, “We will continue to remain unified as we move forward to promote tribal gaming and its benefits, not just for tribal nations and communities, but all Arizonans.”

During the same meeting AIGA Executive Director Valerie Spicer announced she would be leaving the organization.