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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 proposed
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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
resolution, the proposed compact or amendment is approved by
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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
forty days following the date on which the compact or
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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."
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