As Reported by the House State Government Committee 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 98 5
1997-1998 6
REPRESENTATIVES MOTTLEY-WACHTMANN-BATEMAN-HAINES-OPFER 8
10
A B I L L
To enact section 107.25 of the Revised Code to 12
require legislative validation of a compact 13
between the Governor and an Indian tribe 14
authorizing gaming, or of a grant by the Governor 15
of authority for an Indian tribe to place land in 16
trust to be used for gaming, and to require that 17
such a compact contain an expiration date. 18
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That section 107.25 of the Revised Code be 22
enacted to read as follows: 23
Sec. 107.25. (A) AS USED IN THIS SECTION: 25
(1) "TRIBAL-STATE COMPACT" MEANS A TRIBAL-STATE COMPACT 27
DESCRIBED IN THE "INDIAN GAMING REGULATORY ACT," 102 STAT. 2472 29
(1988), 25 U.S.C. 2710(d).
(2) "CLASS I GAMING," "CLASS II GAMING," "CLASS III 32
GAMING," AND "INDIAN TRIBE" HAVE THE SAME MEANINGS AS IN THE 33
"INDIAN GAMING REGULATORY ACT," 102 STAT. 2472 (1988), 25 U.S.C. 34
2703.
(B) NEITHER OF THE FOLLOWING SHALL BE RATIFIED OR TAKE 36
EFFECT UNTIL THE GENERAL ASSEMBLY APPROVES IT BY PASSAGE OF AN 37
ACT:
(1) EACH TRIBAL-STATE COMPACT THE GOVERNOR ENTERS INTO 39
WITH AN INDIAN TRIBE; 40
(2) EACH AUTHORIZATION THE GOVERNOR GRANTS FOR AN INDIAN 42
TRIBE TO PLACE LAND INTO TRUST TO BE USED FOR CLASS I, CLASS II, 44
OR CLASS III GAMING. 45
2
(C) EACH TRIBAL-STATE COMPACT APPROVED UNDER THIS SECTION 47
SHALL CONTAIN AN EXPIRATION DATE, WHICH SHALL BE NOT LATER THAN 48
TEN YEARS AFTER THE COMPACT'S EFFECTIVE DATE. 49
(D) EACH TRIBAL-STATE COMPACT APPROVED UNDER THIS SECTION 52
SHALL CONTAIN A BINDING AGREEMENT FOR THE COLLECTION AND PAYMENT
OF STATE AND LOCAL SALES, USE, OR OTHER EXCISE OR APPLICABLE 53
TAXES, OR FOR THE PAYMENT OF AMOUNTS THAT MAY BE IN LIEU OF SUCH 54
TAXES, LEVIED ON ANY ITEM SOLD TO ANY NONMEMBER OF THE GOVERNING 55
TRIBE BY ANY BUSINESS ESTABLISHMENT LOCATED ON THE LAND TO BE 56
TAKEN INTO TRUST.
Section 2. The intent of the General Assembly in enacting 58
this act is to clarify the procedure by which certain 59
tribal-state compacts described in the "Indian Gaming Regulatory 60
Act," 102 Stat. 2472 (1988), 25 U.S.C. 2710(d), and sanctioned by 61
federal law must be approved under Ohio law. This act shall be
construed, to the maximum extent possible, as being consistent 62
with the Ohio law regulating gaming and with Section 6 of Article 63
XV, Ohio Constitution, and in no way shall this act be construed 64
to permit gaming activities that otherwise are prohibited under 65
Ohio law. This act in no way constitutes a waiver of any 66
immunity of the state of Ohio or its agencies or officers.