As Reported by the Senate State and Local Government 1 and Veterans Affairs Committee 2 122nd General Assembly 5 Regular Session Sub. H. B. No. 98 6 1997-1998 7 REPRESENTATIVES MOTTLEY-WACHTMANN-BATEMAN-HAINES-OPFER-GARDNER- 9 AMSTUTZ-GRENDELL-SCHULER-CAREY-MASON-THOMAS-GARCIA-KASPUTIS- 10 BATCHELDER-PERZ-TAYLOR-HARRIS-O'BRIEN-KREBS-REID-BUCHY- 11 NETZLEY-FOX-HODGES-ROMAN-WINKLER-STAPLETON-METZGER-VESPER 12 14 A B I L L To enact section 107.25 of the Revised Code to 16 require legislative validation of a compact 17 between the Governor and an Indian tribe 18 authorizing gaming, or of a grant by the Governor 19 of authority for an Indian tribe to place land in 20 trust to be used for gaming, and to require that 21 such a compact contain an expiration date. 22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24 Section 1. That section 107.25 of the Revised Code be 26 enacted to read as follows: 27 Sec. 107.25. (A) AS USED IN THIS SECTION: 29 (1) "TRIBAL-STATE COMPACT" MEANS A TRIBAL-STATE COMPACT 31 DESCRIBED IN THE "INDIAN GAMING REGULATORY ACT," 102 STAT. 2472 33 (1988), 25 U.S.C. 2710(d). (2) "CLASS I GAMING," "CLASS II GAMING," "CLASS III 36 GAMING," AND "INDIAN TRIBE" HAVE THE SAME MEANINGS AS IN THE 37 "INDIAN GAMING REGULATORY ACT," 102 STAT. 2472 (1988), 25 U.S.C. 38 2703. (B) NEITHER OF THE FOLLOWING SHALL BE RATIFIED OR TAKE 40 EFFECT UNTIL THE GENERAL ASSEMBLY APPROVES IT BY PASSAGE OF AN 41 ACT: (1) EACH TRIBAL-STATE COMPACT THE GOVERNOR ENTERS INTO 43 2 WITH AN INDIAN TRIBE; 44 (2) EACH AUTHORIZATION THE GOVERNOR GRANTS FOR AN INDIAN 46 TRIBE TO PLACE LAND INTO TRUST TO BE USED FOR CLASS I, CLASS II, 48 OR CLASS III GAMING. 49 (C) EACH TRIBAL-STATE COMPACT APPROVED UNDER THIS SECTION 51 SHALL CONTAIN AN EXPIRATION DATE, WHICH SHALL BE NOT LATER THAN 52 TEN YEARS AFTER THE COMPACT'S EFFECTIVE DATE. 53 (D) EACH TRIBAL-STATE COMPACT APPROVED UNDER THIS SECTION 56 SHALL CONTAIN A BINDING AGREEMENT FOR THE COLLECTION AND PAYMENT OF STATE AND LOCAL SALES, USE, OR OTHER EXCISE OR APPLICABLE 57 TAXES, OR FOR THE PAYMENT OF AMOUNTS THAT MAY BE IN LIEU OF SUCH 58 TAXES, LEVIED ON ANY ITEM SOLD TO ANY NONMEMBER OF THE GOVERNING 59 TRIBE BY ANY BUSINESS ESTABLISHMENT LOCATED ON THE LAND TO BE 60 TAKEN INTO TRUST. Section 2. The intent of the General Assembly in enacting 62 this act is to clarify the procedure by which certain 63 tribal-state compacts described in the "Indian Gaming Regulatory 64 Act," 102 Stat. 2472 (1988), 25 U.S.C. 2710(d), and sanctioned by 65 federal law must be approved under Ohio law. This act shall be construed, to the maximum extent possible, as being consistent 66 with the Ohio law regulating gaming and with Section 6 of Article 67 XV, Ohio Constitution, and in no way shall this act be construed 68 to permit gaming activities that otherwise are prohibited under 69 Ohio law. This act in no way constitutes a waiver of any 70 immunity of the state of Ohio or its agencies or officers.