‘Resolve, To Conduct a Market Analysis Regarding the Feasibility of Expanded Gaming in Maine and Require the Governor To Enter into a Tribal-state Compact Allowing Gaming’
| HP1343 LD 1856 |
Session - 126th Maine Legislature H "A", Filing Number H-826, Sponsored by Bear
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LR 2893 Item 8 |
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| Bill Tracking, Additional Documents | Chamber Status | ||
Amend the resolve by striking out the title and substituting the following:
‘Resolve, To Conduct a Market Analysis Regarding the Feasibility of Expanded Gaming in Maine and Require the Governor To Enter into a Tribal-state Compact Allowing Gaming’
Amend the resolve in the emergency preamble by inserting after the 4th indented paragraph the following:
Whereas, ‘a similar study was conducted in the past that showed that casinos operated by federally recognized Indian tribes in Aroostook and Washington counties would be economically feasible; and
Whereas, tribal gaming is an important and integral part of the culture of federally recognized Indian tribes in Maine; and
Whereas, the authorization of gaming by federally recognized Indian tribes in Washington and Aroostook counties would benefit the Indian tribes and the residents of the counties in which the gaming facilities are located by providing employment opportunities and would benefit the State by providing increased revenue; and’
Amend the resolve in section 2 in subsection 2 in paragraph F in the first and 2nd lines (page 2, lines 8 and 9 in L.D.) by striking out the following: "; and be it further" and inserting the following: '.'
Amend the resolve in section 2 by inserting after subsection 2 the following:
‘A study conducted pursuant to this section must specifically include in the analysis potential casino-style gaming facilities operated by federally recognized Indian tribes in this State; and be it further’
Amend the resolve by inserting after section 2 the following:
‘Sec. 3. Authorization to enter into tribal-state compact for gaming; legal action. Resolved: That, notwithstanding any law to the contrary, the Governor shall conduct good faith negotiations with the federally recognized Indian tribes in the State on behalf of the State to enter into a tribal-state compact governing the conduct of electronic and table games of chance within the federally recognized Indian tribes' territories. These negotiations must be started no later than September 1, 2014 and concluded no later than December 1, 2014. The tribal-state compact must include the following requirements:
1. Any gaming conducted by a federally recognized Indian tribe pursuant to this tribal-state compact must be submitted to voters of the county in which the gaming would be conducted for approval at referendum; and
2. The tribal-state compact negotiated pursuant to this section must be submitted to the 127th Legislature and to the tribal government for ratification.
A federally recognized Indian tribe may bring an action in Superior Court to enforce the provisions of this section. Alternatively, a federally recognized Indian tribe may ask the United States Secretary of the Interior to establish procedures consistent with federal law and the law of this State allowing gaming, including casinos operated by federally recognized Indian tribes on tribal lands; and be it further’
Amend the resolve by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
summary
This amendment does the following:
1. It amends the emergency preamble;
2. It requires that the study being conducted pursuant to the resolve specifically include an analysis of potential casino-style gaming facilities operated by federally recognized Indian tribes in Maine;
3. It requires the Governor to conduct good faith negotiations with the federally recognized Indian tribes in the State to enter into a tribal-state compact allowing Indian tribes to conduct electronic and table games of chance within those Indian tribes' territories. The compact must be finished by December 1, 2014 and submitted to the Legislature and the tribal governments for ratification and the voters of the counties in which the gaming facilities are located for approval at referendum; and
4. It authorizes the Indian tribes to bring suit in Superior Court to enforce the requirements related to the compact or to ask the United States Secretary of the Interior to establish procedures consistent with federal and Maine law allowing gaming, including casinos operated by federally recognized Indian tribes on tribal lands.