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AN ACT

RELATING TO TRIBAL COMPACT NEGOTIATIONS; AMENDING THE COMPACT

NEGOTIATION ACT TO LIMIT THE TIME AN INDIAN NATION, TRIBE OR

PUEBLO MAY OPT INTO THE 2007 AMENDMENTS NEGOTIATED TO THE

2001 TRIBAL GAMING COMPACTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 11-13A-4 NMSA 1978 (being Laws 1999,

Chapter 252, Section 4) is amended to read:

"11-13A-4. SUBMITTAL TO COMMITTEE--COMMITTEE ACTION--

LEGISLATIVE ACTION.--

A. Submittal of a proposed compact or amendment

occurs when the compact or amendment and the submittal

document are received for the committee by the legislative

council service.

B. After its receipt, the committee shall review

the proposed compact or amendment in a timely manner but no

later than forty-five days from receipt and shall:

(1) recommend approval of the proposed

compact or amendment by submitting a joint resolution to

approve the compact or amendment to the legislature; or

(2) by written transmittal document, propose

specific modifications to the proposed compact or amendment

and request the governor to resume negotiations with the

tribe.

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C. If the committee proposes specific

modifications to the proposed compact or amendment, the

governor or the governor's designated representative shall

resume negotiations with the tribe within twenty days of

receipt of the transmittal document unless within that time

period either the governor or the tribe refuses to negotiate

further, in which case the governor shall notify the

committee immediately.

D. If negotiations are resumed pursuant to

Subsection C of this section and a modified proposed compact

or amendment is agreed to, the governor shall submit the

modified proposed compact or amendment together with any

additional analysis or recommendations to the committee. The

approval process described in this section for the originally

submitted proposed compact or amendment shall be followed for

consideration of a proposed modified compact or a proposed

modified amendment, except that the committee shall conduct

its review in a timely manner but in not more than thirty

days.

E. Within thirty days of being notified that

further negotiations are refused, the committee shall meet to

reconsider the proposed compact or amendment together with

any changes agreed upon by the negotiating parties. The

committee shall submit to the legislature the proposed

compact or amendment and a joint resolution to approve the

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proposed compact or amendment with the committee's

recommendation to approve it or disapprove it, or expressing

no recommendation on the action that should be taken by the

legislature.

F. The committee may return a proposed compact or

amendment with suggested modifications to the governor and

the tribe for renegotiation no more than three times. After

the third submittal for renegotiation, the committee shall

submit to the legislature the proposed compact or amendment

and a joint resolution to approve the proposed compact or

amendment with the committee's recommendation to approve it

or disapprove it, or expressing no recommendation on the

action that should be taken by the legislature.

G. If the legislature is in session when the

committee makes its decision on the proposed compact or

amendment, the committee shall prepare and introduce a joint

resolution to approve the proposed compact or amendment

without delay after reaching its decision. The joint

resolution shall be accompanied by the committee's

recommendation to approve or to disapprove or expressing no

recommendation. A joint resolution may cover more than one

compact or amendment if the terms of the compacts or

amendments are identical except for the name of the tribe and

the name of the person executing the compact on behalf of the

tribe. If a majority in each house votes to adopt the joint

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resolution, the proposed compact or amendment is approved by

the legislature, and the governor shall execute it on behalf

of the state.

H. If the legislature is not in session when the

recommendation of the committee is submitted, the committee

shall proceed pursuant to the provisions of Subsection G of

this section by no later than the second day of the next

regular or special session of the legislature.

I. The legislature may only amend or modify the

joint resolution submitted to it pursuant to the provisions

of this section so as to correct technical errors in the text

or format. Neither house may refer the joint resolution to a

committee other than a committee of the whole in each house.

J. If a request for negotiation of a compact or

amendment is made and the proposed compact or amendment is

identical to a compact or amendment previously approved by the

legislature except for the name of the compacting tribe and

the names of the persons to execute the compact or amendment

on behalf of the tribe and on behalf of the state, the

governor shall approve and sign the compact or amendment on

behalf of the state without submitting the compact for

approval pursuant to the provisions of this section; provided

that, with respect to a compact or amendment approved by the

first session of the forty-eighth legislature, the request

shall be received by the governor by no later than two hundred

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forty days following the date on which the compact or

amendment was approved by the legislature, or, in the case of

a request by a tribe that has not entered into a compact as of

two hundred forty days following the date on which the compact

or amendment was approved by the legislature, two hundred

forty days following the date the tribe first executes the

2001 tribal gaming compact with the state. A compact or

amendment signed by the governor pursuant to this subsection

is deemed approved by the legislature."