54-58 Tribal-State Gaming Compact

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CHAPTER 54-58TRIBAL-STATE GAMING COMPACT54-58-01. Tribal-state gaming compact - Definition. A tribal-state gaming compact isa duly executed agreement between the state and a federally recognized Indian tribe as<br>approved by the secretary of the department of interior of the United States pursuant to the<br>Indian Gaming Regulatory Act of 1988 [Pub. L. 100-497; 102 Stat. 2467; 25 U.S.C. 2701 et seq.].54-58-02. Tribal gaming records not subject to disclosure - Exceptions. Except asprovided in each tribal-state gaming compact, all tribal gaming records, including trade secret<br>and proprietary information as defined in section 44-04-18.4, submitted to an agency of this state<br>are confidential and are not public records subject to section 44-04-18 and section 6 of article XI<br>of the Constitution of North Dakota.54-58-03. Tribal-state gaming compact - Creation, renewals, and amendments. Thegovernor or the governor's designee may represent the state in any gaming negotiation in which<br>the state is required to participate pursuant to 25 U.S.C. 2701 et seq. by any federally recognized<br>Indian tribe and, on behalf of the state, may execute a gaming compact between the state and a<br>federally recognized Indian tribe, subject to the following:1.If the legislative assembly is not in session at the time gaming negotiations are being<br>conducted, the chairman and vice chairman of the legislative management or the<br>designee of the chairman or vice chairman may attend all negotiations and brief the<br>legislative management on the status of the negotiations.2.If the legislative assembly is in session at the time negotiations are being conducted,<br>the majority and minority leaders of both houses, or their designees, may attend all<br>negotiations and brief their respective houses on the status of the negotiations.3.The compact may authorize an Indian tribe to conduct gaming that is permitted in<br>the state for any purpose by any person, organization, or entity.4.For the purposes of this chapter, the term &quot;gaming that is permitted in the state for<br>any purpose by any person, organization, or entity&quot; includes any game of chance<br>that any Indian tribe was permitted to conduct under a tribal-state gaming compact<br>that was in effect on August 1, 1997.5.The compact may not authorize gaming to be conducted by an Indian tribe at any<br>off-reservation location not permitted under a tribal-state gaming compact in effect<br>on August 1, 1997, except that in the case of the tribal-state gaming compact<br>between the Turtle Mountain Band of Chippewa and the state, gaming may be<br>conducted on land within Rolette County held in trust for the Band by the United<br>States government which was in trust as of the effective date of the Indian Gaming<br>Regulatory Act of 1988 [Pub. L. 100-497; 102 Stat. 2467; 25 U.S.C. 2701 et seq.].6.The compact may not obligate the state to appropriate state funds; provided,<br>however, the state may perform services for reimbursement.7.The negotiations between the tribe and the state must address the possibility of a<br>mutual effort of the parties to address the issue of compulsive gambling.8.If the legislative assembly is not in session when the negotiations are concluded, the<br>governor shall forward a copy of the compact as finally negotiated to each member<br>of the legislative management at least twenty-one days before the compact is<br>signed.Page No. 19.If the legislative assembly is in session when the negotiations are concluded, the<br>governor shall forward a copy of the compact as finally negotiated to each member<br>of the legislative assembly at least twenty-one days before the compact is signed.10.Before execution of any proposed tribal-state gaming compact or amendment<br>thereto, the governor shall conduct one public hearing on the proposed compact or<br>amendment.Page No. 2Document Outlinechapter 54-58 tribal-state gaming compact