GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
S 1
SENATE BILL 582
Short Title: Clarify Indian Gaming Authority. |
(Public) |
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Sponsors: |
Senator Apodaca. |
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Referred to: |
Rules and Operations of the Senate. |
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April 14, 2011
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.