GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

S                                                                                                                                                    D

SENATE DRS35174-RK-36  (03/28)

 

 

 

Short Title:        Clarify Indian Gaming Authority.

(Public)

Sponsors:

Senator Apodaca.

Referred to:

 

 

 

A BILL TO BE ENTITLED

AN ACT to clarify that the north carolina general assembly must act to legalize any additional class iii gaming on indian lands.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 71A-8 reads as rewritten:

"§ 71A-8.  Authorization for federally recognized Indian tribes.

In recognition of the governmental relationship between the State, federally recognized Indian tribes and the United States, a federally recognized Indian tribe may conduct games consistent with the Indian Gaming Regulatory Act, Public Law 100-497, that are in accordance with a valid Tribal-State compact executed by the Governor Governor, ratified by the North Carolina General Assembly pursuant to G.S. 147-12(14) G.S. 147-12(a)(14), and approved by the U.S. Department of Interior under the Indian Gaming Regulatory Act, and such games shall not be unlawful or against the public policy of the State if the State permits such gaming for any purpose by any person, organization, or entity."

SECTION 2.  G.S. 147-12(a)(14) reads as rewritten:

"(14)    To negotiate and enter into Class III Tribal-State gaming compacts, and amendments thereto, on behalf of the State consistent with State law and the Indian Gaming Regulatory Act, Public Law 100-497, as necessary to allow a federally recognized Indian tribe to operate gaming activities in this State as permitted under federal law. The Governor shall report any gaming compact, or amendment thereto, to the Joint Legislative Commission on Governmental Operations.Immediately following completion of negotiations and execution of a compact, the Governor shall submit a copy of the executed Tribal-State compact to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Secretary of State. To be effective, the compact must be ratified by both houses of the legislature by a majority vote of the members present. Upon receipt of an act ratifying a Tribal-State compact, the Secretary of State shall forward a copy of the executed compact and the ratifying act to the United States Secretary of the Interior, in accordance with federal law, for review and approval."

SECTION 3.  This act is effective when it becomes law.