0001|                           SENATE BILL 363
    |
0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
    |
0003|                            INTRODUCED BY
    |
0004|                          CARLOS R. CISNEROS
    |
0005|     
    |
0006|                                   
    |
0007|     
    |
0008|                                   
    |
0009|     
    |
0010|                                AN ACT
    |
0011|     RELATING TO TRIBAL-STATE AGREEMENTS; ESTABLISHING PROCEDURES
    |
0012|     FOR NEGOTIATION, APPROVAL, EXECUTION AND AMENDMENT OF
    |
0013|     AGREEMENTS BETWEEN THE STATE AND INDIAN TRIBES; DECLARING AN
    |
0014|     EMERGENCY.
    |
0015|     
    |
0016|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
    |
0017|          Section 1.  SHORT TITLE.--This act may be cited as the
    |
0018|     "Compact Negotiation Act".
    |
0019|          Section 2.  DEFINITIONS.--As used in the Compact
    |
0020|     Negotiation Act: 
    |
0021|               A.  "committee" means the joint legislative
    |
0022|     committee on compacts;
    |
0023|               B.  "compact" means an agreement:
    |
0024|                    (1)  entered into between a tribe and the
    |
0025|     state;
    |
<center>- 1 -</center>

0001|                    (2)  entered into pursuant to federal or state
    |
0002|     law; and
    |
0003|                    (3)  that is not valid unless approved by the
    |
0004|     legislature; 
    |
0005|               C.  "governor" means the governor of New Mexico;
    |
0006|     and
    |
0007|               D.  "tribe" means an Indian nation, tribe or pueblo
    |
0008|     located in whole or in part within the state.
    |
0009|          Section 3.  COMPACTS--NEGOTIATION--SUBMISSION TO
    |
0010|     COMMITTEE BY GOVERNOR--COMPACT PROVISIONS.--
    |
0011|               A.  A tribe may request the state in writing to
    |
0012|     negotiate a compact or to enter into negotiations to amend an
    |
0013|     approved and existing compact pursuant to action of its
    |
0014|     governing authority or a representative authorized by the
    |
0015|     compact to initiate negotiations for amendment of that
    |
0016|     compact.
    |
0017|               B.  The legislature by joint resolution or the
    |
0018|     governor may request a tribe to negotiate a compact or to
    |
0019|     enter into negotiations to amend an approved and existing
    |
0020|     compact by submitting a written request to the chief executive
    |
0021|     officer of the tribe or a representative authorized by an
    |
0022|     existing compact to negotiate modifications to that compact. 
    |
0023|               C.  The governor may designate a representative to
    |
0024|     negotiate the terms of a compact or an amendment, provided
    |
0025|     that no representative has been identified in the wording of
    |
<center>- 2 -</center>


0001|     the compact to be amended.  The designation shall be written,
    |
0002|     and a copy of the designation shall be delivered or mailed
    |
0003|     within three days of the designation to the attorney general,
    |
0004|     the speaker of the house of representatives and the president
    |
0005|     pro tempore of the senate.  The governor or the governor's
    |
0006|     designated representative is authorized to negotiate the terms
    |
0007|     of a compact or amendment on behalf of the state, but neither
    |
0008|     the representative nor the governor is authorized to execute a
    |
0009|     compact or amendment on behalf of the state without
    |
0010|     legislative approval granted pursuant to the provisions of
    |
0011|     Section 4 of the Compact Negotiation Act. 
    |
0012|               D.  If a proposed compact or amendment is agreed
    |
0013|     upon through negotiations, it shall be prepared and submitted
    |
0014|     by the governor to the committee within five days of the
    |
0015|     conclusion of negotiations.  The governor shall include in his
    |
0016|     submittal document his recommendation for approval of the
    |
0017|     proposed compact or amendment and comments about or analysis
    |
0018|     of its provisions.  
    |
0019|                    Section 4.  SUBMITTAL TO COMMITTEE--COMMITTEE ACTION--
    |
0020|     LEGISLATIVE ACTION.-- 
    |
0021|               A.  Submittal of a proposed compact or amendment
    |
0022|     occurs when the compact or amendment and the submittal
    |
0023|     document are received for the committee by the legislative
    |
0024|     council service.
    |
0025|               B.  The committee shall review the proposed compact
    |
<center>- 3 -</center>

0001|     or amendment and within twenty days after its receipt shall:
    |
0002|                    (1)  by written report to the legislature,
    |
0003|     recommend approval of the proposed compact or amendment; or 
    |
0004|                    (2)  by written transmittal document, propose
    |
0005|     specific modifications to the proposed compact or amendment
    |
0006|     and request the governor to resume negotiations with the
    |
0007|     tribe.
    |
0008|               C.  If the committee proposes specific
    |
0009|     modifications to the proposed compact or amendment, the
    |
0010|     governor or his designated representative shall resume
    |
0011|     negotiations with the tribe within twenty days of receipt of
    |
0012|     the transmittal document unless within that time period either
    |
0013|     the governor or the tribe refuses to negotiate further, in
    |
0014|     which case the governor shall notify the committee
    |
0015|     immediately.  If negotiations are resumed and a modified
    |
0016|     proposed compact or amendment is agreed to, the governor shall
    |
0017|     submit to the committee the modified proposed compact or
    |
0018|     amendment, together with any additional analysis or
    |
0019|     recommendations.  The approval process described in this
    |
0020|     section for the originally submitted proposed compact or
    |
0021|     amendment shall be followed for consideration of a proposed
    |
0022|     modified compact or a proposed modified amendment, except that
    |
0023|     the time limitation for review by the committee specified in
    |
0024|     Subsection B of this section is reduced to ten days.
    |
0025|               D.  Within five days of being notified that further
    |
<center>- 4 -</center>

0001|     negotiations are refused, the committee shall reconsider the
    |
0002|     proposed compact or amendment together with any changes agreed
    |
0003|     upon by the negotiating parties and submit to the legislature
    |
0004|     a written recommendation to approve the proposed compact or
    |
0005|     amendment or a written statement expressing no recommendation
    |
0006|     on the action that should be taken by the legislature.
    |
0007|               E.  The committee may return a proposed compact or
    |
0008|     amendment with suggested modifications to the governor and the
    |
0009|     tribe for renegotiation no more than three times.  After the
    |
0010|     third submittal for renegotiation, the committee shall submit
    |
0011|     a report in writing to the legislature making a recommendation
    |
0012|     to approve the proposed compact or amendment or making no
    |
0013|     recommendation.  The procedure for legislative review and
    |
0014|     approval remains the same as set forth in this section.
    |
0015|               F.  If the legislature is in session when the
    |
0016|     committee submits its recommendation, it shall at the same
    |
0017|     time prepare and introduce a joint resolution approving the
    |
0018|     proposed compact or amendment.  A joint resolution may cover
    |
0019|     more than one compact or amendment if the terms of the
    |
0020|     compacts or amendments are identical except for the name of
    |
0021|     the tribe and the name of the person executing the compact on
    |
0022|     behalf of the tribe.  A copy of the written recommendation
    |
0023|     shall be submitted with the joint resolution.  If a majority
    |
0024|     in each house votes to adopt the joint resolution, the
    |
0025|     proposed compact or amendment is approved by the legislature,
    |
<center>- 5 -</center>

0001|     and the governor shall execute it on behalf of the state. 
    |
0002|               G.  If the legislature is not in session when the
    |
0003|     recommendation of the committee is submitted, the committee 
    |
0004|     shall proceed pursuant to the provisions of Subsection E of
    |
0005|     this section by no later than the second day of the next
    |
0006|     regular or special session of the legislature.
    |
0007|               H.  The legislature may not amend or modify a
    |
0008|     resolution submitted to it pursuant to the provisions of this
    |
0009|     section except to correct technical errors in the text or
    |
0010|     format, and it may not refer the resolution to a committee. 
    |
0011|               I.  If a request for negotiation of a compact or
    |
0012|     amendment is made and the proposed compact or amendment is
    |
0013|     identical to a compact or amendment previously approved by the
    |
0014|     legislature except for the name of the compacting tribe and
    |
0015|     the names of the persons to execute the compact or amendment
    |
0016|     on behalf of the tribe and on behalf of the state, the
    |
0017|     governor shall approve and sign the compact or amendment on
    |
0018|     behalf of the state without submitting the compact for
    |
0019|     approval pursuant to the provisions of this section.  A
    |
0020|     compact or amendment signed by the governor pursuant to this
    |
0021|     subsection is deemed approved by the legislature.
    |
0022|          Section 5.  JOINT LEGISLATIVE COMMITTEE ON COMPACTS--
    |
0023|     CREATION--MEMBERSHIP--AUTHORITY.--
    |
0024|               A.  The joint legislative "committee on compacts"
    |
0025|     is created.  Once established it shall continue operating
    |
<center>- 6 -</center>

0001|     until specific action is taken by the legislature to terminate
    |
0002|     its existence.  
    |
0003|               B.  The committee shall have eight members, four
    |
0004|     from the house of representatives and four from the senate. 
    |
0005|     House members shall be appointed annually by the speaker of
    |
0006|     the house and senate members shall be appointed annually by
    |
0007|     the committees' committee or, if the senate appointments are
    |
0008|     made in the interim, by the president pro tempore after
    |
0009|     consultation with and agreement of a majority of the members
    |
0010|     of the committees' committee.  Members shall be appointed from
    |
0011|     each house to give the two major political parties in each
    |
0012|     house equal representation on the committee.  At least one
    |
0013|     member appointed from each house shall be Native American, or
    |
0014|     if there is no Native American member of a house, shall
    |
0015|     represent a district in which Native Americans constitute a
    |
0016|     significant percentage of the voting age population.
    |
0017|               C.  The president pro tempore of the senate shall
    |
0018|     designate a senate member of the committee to be chairman of
    |
0019|     the committee in odd-numbered years and the vice chairman in
    |
0020|     even-numbered years.  The speaker of the house of
    |
0021|     representatives shall designate a house member of the
    |
0022|     committee to be chairman of the committee in even-numbered
    |
0023|     years and the vice chairman in odd-numbered years.     
    |
0024|               D.  The committee shall meet at the call of the
    |
0025|     chairman to consider a compact or amendment submitted to it.
    |
<center>- 7 -</center>

0001|               E.  The committee may meet during legislative
    |
0002|     sessions as needed.
    |
0003|               F.  Staff services for the committee shall be
    |
0004|     provided by the legislative council service.  
    |
0005|          Section 6.  EMERGENCY.--It is necessary for the public
    |
0006|     peace, health and safety that this act take effect
    |
0007|     immediately.
    |
0008|                              
    |