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F I S C A L I M P A C T R E P O R T

SPONSOR Smith

DATE TYPED 2/28/05

HB

SHORT TITLE Legislative Authorization for Class III Gaming

SB 895

ANALYST Medina

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to the Compact Negotiation Act

SOURCES OF INFORMATION

LFC Files

Responses Received From

Gaming Control Board (GCB)

SUMMARY

Synopsis of Bill

Senate Bill 895 amends the Compact Negotiation Act with a new section prohibiting the gover-

nor from concurring in a determination by the federal government that class III gaming may be

conducted on lands in the state acquired by the federal government in trust for the benefit of an

Indian tribe after October 17, 1988 until the legislature first authorizes the governor to concur by

a joint resolution.

Significant Issues

According to the Gaming Control Board, this bill contains a potential conflict with the Indian

Gaming Regulatory Act (25 U.S.C § 2719 (b) (1) (A), which sets out the specific approval proc-

ess for gaming on lands acquired by Indian tribes after October 17, 1988. GCB further states

that the Legislature has already approved Class III state-tribal gaming compact language and,

therefore, this bill potentially infringes upon the powers and duties of the executive branch to

implement existing law.

This bill carries an emergency clause.

DXM/lg