0001|               HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR
    |
0002|                            HOUSE BILL 263
    |
0003|     43rd legislature - STATE OF NEW MEXICO - second session, 1998
    |
0004|                                   
    |
0005|     
    |
0006|     
    |
0007|                                   
    |
0008|     
    |
0009|                                   
    |
0010|     
    |
0011|                                AN ACT
    |
0012|     RELATING TO TRIBAL-STATE AGREEMENTS; ESTABLISHING A PROCESS
    |
0013|     FOR NEGOTIATION, APPROVAL, EXECUTION AND AMENDMENT OF CERTAIN
    |
0014|     AGREEMENTS BETWEEN THE STATE AND INDIAN TRIBES; DECLARING AN
    |
0015|     EMERGENCY.
    |
0016|     
    |
0017|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
    |
0018|          Section 1.  SHORT TITLE.--This act may be cited as the
    |
0019|     "Compact Negotiation Act".
    |
0020|          Section 2.  DEFINITIONS.--As used in the Compact
    |
0021|     Negotiation Act: 
    |
0022|               A.  "committee" means the joint legislative
    |
0023|     committee on compacts;
    |
0024|               B.  "compact" means a tribal-state class III gaming
    |
0025|     compact entered into between a tribe and the state pursuant to
    |
<center>- 1 -</center>0001|     the federal Indian Gaming Regulatory Act and including any
    |
0002|     separate agreement ancillary to that compact;
    |
0003|               C.  "governor" means the governor of New Mexico;
    |
0004|     and
    |
0005|               D.  "tribe" means an Indian nation, tribe or pueblo
    |
0006|     located in whole or in part within the state.
    |
0007|          Section 3.  COMPACTS--NEGOTIATION--SUBMISSION TO
    |
0008|     COMMITTEE BY GOVERNOR--COMPACT PROVISIONS.--
    |
0009|               A.  A tribe, pursuant to action of its governing
    |
0010|     authority, may request the state to negotiate a compact or to
    |

0011|     enter into negotiations to amend an approved and existing
    |
0012|     compact.  The request shall be in writing and shall be
    |
0013|     submitted to the governor.
    |
0014|               B.  The legislature by joint resolution or the
    |
0015|     governor may request a tribe to negotiate a compact or to
    |
0016|     enter into negotiations to amend an approved and existing
    |
0017|     compact by submitting a written request to the chief executive
    |
0018|     officer of the tribe or a representative authorized by an
    |
0019|     existing compact to negotiate modifications to that compact. 
    |
0020|               C.  If either the state or a tribe has initiated
    |
0021|     litigation or a dispute resolution procedure against the other
    |
0022|     for a breach of a compact that is in effect, which litigation
    |
0023|     or procedure is not concluded or has been concluded against
    |
0024|     the party in breach, and the circumstances constituting the
    |
0025|     breach have not been cured, no request will be entertained
    |
<center>- 2 -</center>0001|     from the party in breach for negotiations to amend the
    |
0002|     provision of the compact.
    |
0003|               D.  The governor may designate a representative to
    |
0004|     negotiate the terms of a compact or an amendment, unless a
    |
0005|     representative has been identified in the wording of the compact
    |
0006|     to be amended.  The designation shall be written, and a copy of
    |
0007|     the designation shall be delivered or mailed within three days of
    |
0008|     the designation to the attorney general, the speaker of the house
    |
0009|     of representatives and the president pro tempore of the senate. 
    |
0010|     The governor or the governor's designated representative is
    |
0011|     authorized to negotiate the terms of a compact or amendment on
    |
0012|     behalf of the state, but neither the representative nor the
    |
0013|     governor is authorized to execute a compact or amendment on
    |
0014|     behalf of the state without legislative approval granted pursuant
    |
0015|     to the provisions of Section 4 of the Compact Negotiation Act. 
    |
0016|               E.  If a proposed compact or amendment is agreed upon
    |
0017|     through negotiations, it shall be prepared and submitted by the
    |
0018|     governor to the committee within five days of the conclusion of
    |
0019|     negotiations.  The governor shall include in his submittal
    |
0020|     document his recommendation for approval of the proposed compact
    |
0021|     or amendment and comments about or analysis of its provisions.  
    |
0022|                    Section 4.  SUBMITTAL TO COMMITTEE--COMMITTEE ACTION--
    |
0023|     LEGISLATIVE ACTION.-- 
    |
0024|               A.  Submittal of a proposed compact or amendment
    |
0025|     occurs when the compact or amendment and the submittal document
    |
<center>- 3 -</center>0001|     are received for the committee by the legislative council
    |
0002|     service.
    |
0003|               B.  After its receipt, the committee shall review the
    |
0004|     proposed compact or amendment in a timely manner but no later
    |
0005|     than forty-five days from receipt and shall:
    |
0006|                    (1)  recommend approval of the proposed compact
    |
0007|     or amendment by submitting a joint resolution to approve the
    |
0008|     compact or amendment to the legislature; or 
    |
0009|                    (2)  by written transmittal document, propose
    |
0010|     specific modifications to the proposed compact or amendment and
    |
0011|     request the governor to resume negotiations with the tribe.
    |
0012|               C.  If the committee proposes specific modifications
    |
0013|     to the proposed compact or amendment, the governor or his
    |
0014|     designated representative shall resume negotiations with the
    |
0015|     tribe within twenty days of receipt of the transmittal document
    |
0016|     unless within that time period either the governor or the tribe
    |
0017|     refuses to negotiate further, in which case the governor shall
    |
0018|     notify the committee immediately.   
    |
0019|               D.  If negotiations are resumed pursuant to Subsection
    |
0020|     C of this section and a modified proposed compact or amendment is
    |
0021|     agreed to, the governor shall submit the modified proposed
    |
0022|     compact or amendment together with any additional analysis or
    |
0023|     recommendations to the committee.  The approval process described
    |
0024|     in this section for the originally submitted proposed compact or
    |
0025|     amendment shall be followed for consideration of a proposed
    |
<center>- 4 -</center>0001|     modified compact or a proposed modified amendment, except that
    |
0002|     the committee shall conduct its review in a timely manner but in
    |
0003|     not more than thirty days.
    |
0004|               E.  Within thirty days of being notified that further
    |
0005|     negotiations are refused, the committee shall meet to reconsider
    |
0006|     the proposed compact or amendment together with any changes
    |
0007|     agreed upon by the negotiating parties.  The committee shall then
    |
0008|     submit to the legislature a joint resolution to approve the
    |
0009|     proposed compact or amendment with the committee's recommendation
    |
0010|     to approve it, to disapprove it or to express no recommendation
    |
0011|     on the action that should be taken by the legislature.
    |
0012|               F.  The committee may return a proposed compact or
    |
0013|     amendment with suggested modifications to the governor and the
    |
0014|     tribe for renegotiation no more than three times.  After the
    |
0015|     third submittal for renegotiation, the committee shall submit the
    |
0016|     joint resolution to the legislature accompanied with its 
    |
0017|     recommendation to approve the proposed compact or amendment, to
    |
0018|     disapprove it or, to make no recommendation.  
    |
0019|               G.  If the legislature is in session when the
    |
0020|     committee makes its decision on the compact, it shall prepare and
    |
0021|     introduce a joint resolution to approve the proposed compact or
    |
0022|     amendment.  The joint resolution shall be accompanied by the
    |
0023|     committee's recommendation to approve, to disapprove or to make
    |
0024|     no recommendation.  A joint resolution may cover more than one
    |
0025|     compact or amendment if the terms of the compacts or amendments
    |
<center>- 5 -</center>0001|     are identical except for the name of the tribe and the name of
    |
0002|     the person executing the compact on behalf of the tribe.  If a
    |
0003|     majority in each house votes to adopt the joint resolution, the
    |
0004|     proposed compact or amendment is approved by the legislature, and
    |
0005|     the governor shall execute it on behalf of the state. 
    |
0006|               H.  If the legislature is not in session when the
    |
0007|     recommendation of the committee is submitted, the committee 
    |
0008|     shall proceed pursuant to the provisions of Subsection G of this
    |
0009|     section by no later than the second day of the next regular or
    |
0010|     special session of the legislature.
    |
0011|               I.  The legislature may only amend or modify the joint
    |
0012|     resolution submitted to it pursuant to the provisions of this
    |
0013|     section so as to correct technical errors in the text or format.  
    |
0014|     Neither house may refer the joint resolution to a committee other
    |
0015|     than a committee of the whole in each house. 
    |
0016|               J.  If a request for negotiation of a compact or
    |
0017|     amendment is made and the proposed compact or amendment is
    |
0018|     identical to a compact or amendment previously approved by the
    |
0019|     legislature except for the name of the compacting tribe and the
    |
0020|     names of the persons to execute the compact or amendment on
    |
0021|     behalf of the tribe and on behalf of the state, the governor
    |
0022|     shall approve and sign the compact or amendment on behalf of the
    |
0023|     state without submitting the compact for approval pursuant to the
    |
0024|     provisions of this section; provided, however, that no request
    |
0025|     for amendment shall be entertained pursuant to the provisions of
    |
<center>- 6 -</center>0001|     this subsection from a tribe that is in breach of an existing
    |
0002|     compact and as to which breach the state has initiated litigation
    |
0003|     or dispute resolution procedures, which litigation or procedures
    |
0004|     are not concluded or have been concluded against the tribe.  A
    |
0005|     compact or amendment signed by the governor pursuant to this
    |
0006|     subsection is deemed approved by the legislature.
    |
0007|          Section 5.  JOINT LEGISLATIVE COMMITTEE ON COMPACTS--
    |
0008|     CREATION--MEMBERSHIP--AUTHORITY.--
    |
0009|               A.  The joint legislative "committee on compacts" is
    |
0010|     created.  Once established it shall continue operating until
    |
0011|     specific action is taken by the legislature to terminate its
    |
0012|     existence.  
    |
0013|               B.  The committee shall consider the requirements of
    |
0014|     the federal Indian Gaming Regulatory Act, provisions of existing
    |
0015|     state law and the best interests of the tribes and the citizens
    |
0016|     of the state in considering any compact or amendment submitted to
    |
0017|     it.
    |
0018|               C.  The committee shall have eight members, four from
    |
0019|     the house of representatives and four from the senate.  House
    |
0020|     members shall be appointed annually by the speaker of the house
    |
0021|     and senate members shall be appointed annually by the committees'
    |
0022|     committee or, if the senate appointments are made in the interim,
    |
0023|     by the president pro tempore after consultation with and
    |
0024|     agreement of a majority of the members of the committees'
    |
0025|     committee.  Members shall be appointed from each house to give
    |
<center>- 7 -</center>0001|     the two major political parties in each house equal
    |
0002|     representation on the committee.  The appointing authorities
    |
0003|     shall consider appointing to the committee a Native American
    |
0004|     member or a member who represents a district in which Native
    |
0005|     Americans constitute a significant percentage of the voting age
    |
0006|     population.
    |
0007|               D.  The president pro tempore of the senate shall
    |
0008|     designate a senate member of the committee to be chairman of the
    |
0009|     committee in odd-numbered years and the vice chairman in even-
    |
0010|     numbered years.  The speaker of the house of representatives
    |
0011|     shall designate a house member of the committee to be chairman of
    |
0012|     the committee in even-numbered years and the vice chairman in
    |
0013|     odd-numbered years. 
    |
0014|               E.  No member of the committee may participate in the 
    |
0015|     consideration of a compact or an amendment negotiated with a
    |
0016|     tribe if that member has accepted campaign contributions from
    |
0017|     that tribe or its gaming enterprise totaling more than twenty-
    |
0018|     five dollars ($25.00) during the previous twelve-month period,
    |
0019|     except that contributions made prior to January 1, 1998 shall not
    |
0020|     be subject to this provision.  A temporary substitute for a
    |
0021|     member disqualified pursuant to this subsection shall be
    |
0022|     appointed in the same manner as the disqualified member.
    |
0023|               F.  The committee shall meet at the call of the
    |
0024|     chairman to consider a compact or amendment submitted to it.
    |
0025|               G.  The committee may meet during legislative sessions
    |
<center>- 8 -</center>0001|     as needed.
    |
0002|               H.  Staff services for the committee shall be provided
    |
0003|     by the legislative council service.  
    |
0004|          Section 6.  EMERGENCY.--It is necessary for the public
    |
0005|     peace, health and safety that this act take effect immediately.
    |
0006|                               
    |