As Passed by the House 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 98 5
1997-1998 6
REPRESENTATIVES MOTTLEY-WACHTMANN-BATEMAN-HAINES-OPFER-GARDNER- 8
AMSTUTZ-GRENDELL-SCHULER-CAREY-MASON-THOMAS-GARCIA-KASPUTIS- 9
BATCHELDER-PERZ-TAYLOR-HARRIS-O'BRIEN-KREBS-REID-BUCHY- 10
NETZLEY-FOX-HODGES-ROMAN-WINKLER-STAPLETON-METZGER-VESPER 11
13
A B I L L
To enact section 107.25 of the Revised Code to 15
require legislative validation of a compact 16
between the Governor and an Indian tribe 17
authorizing gaming, or of a grant by the Governor 18
of authority for an Indian tribe to place land in 19
trust to be used for gaming, and to require that 20
such a compact contain an expiration date. 21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That section 107.25 of the Revised Code be 25
enacted to read as follows: 26
Sec. 107.25. (A) AS USED IN THIS SECTION: 28
(1) "TRIBAL-STATE COMPACT" MEANS A TRIBAL-STATE COMPACT 30
DESCRIBED IN THE "INDIAN GAMING REGULATORY ACT," 102 STAT. 2472 32
(1988), 25 U.S.C. 2710(d).
(2) "CLASS I GAMING," "CLASS II GAMING," "CLASS III 35
GAMING," AND "INDIAN TRIBE" HAVE THE SAME MEANINGS AS IN THE 36
"INDIAN GAMING REGULATORY ACT," 102 STAT. 2472 (1988), 25 U.S.C. 37
2703.
(B) NEITHER OF THE FOLLOWING SHALL BE RATIFIED OR TAKE 39
EFFECT UNTIL THE GENERAL ASSEMBLY APPROVES IT BY PASSAGE OF AN 40
ACT:
(1) EACH TRIBAL-STATE COMPACT THE GOVERNOR ENTERS INTO 42
WITH AN INDIAN TRIBE; 43
2
(2) EACH AUTHORIZATION THE GOVERNOR GRANTS FOR AN INDIAN 45
TRIBE TO PLACE LAND INTO TRUST TO BE USED FOR CLASS I, CLASS II, 47
OR CLASS III GAMING. 48
(C) EACH TRIBAL-STATE COMPACT APPROVED UNDER THIS SECTION 50
SHALL CONTAIN AN EXPIRATION DATE, WHICH SHALL BE NOT LATER THAN 51
TEN YEARS AFTER THE COMPACT'S EFFECTIVE DATE. 52
(D) EACH TRIBAL-STATE COMPACT APPROVED UNDER THIS SECTION 55
SHALL CONTAIN A BINDING AGREEMENT FOR THE COLLECTION AND PAYMENT
OF STATE AND LOCAL SALES, USE, OR OTHER EXCISE OR APPLICABLE 56
TAXES, OR FOR THE PAYMENT OF AMOUNTS THAT MAY BE IN LIEU OF SUCH 57
TAXES, LEVIED ON ANY ITEM SOLD TO ANY NONMEMBER OF THE GOVERNING 58
TRIBE BY ANY BUSINESS ESTABLISHMENT LOCATED ON THE LAND TO BE 59
TAKEN INTO TRUST.
Section 2. The intent of the General Assembly in enacting 61
this act is to clarify the procedure by which certain 62
tribal-state compacts described in the "Indian Gaming Regulatory 63
Act," 102 Stat. 2472 (1988), 25 U.S.C. 2710(d), and sanctioned by 64
federal law must be approved under Ohio law. This act shall be
construed, to the maximum extent possible, as being consistent 65
with the Ohio law regulating gaming and with Section 6 of Article 66
XV, Ohio Constitution, and in no way shall this act be construed 67
to permit gaming activities that otherwise are prohibited under 68
Ohio law. This act in no way constitutes a waiver of any 69
immunity of the state of Ohio or its agencies or officers.