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.