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; | - 1 - 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 | - 2 - 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 | - 3 - 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 | - 4 - 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, | - 5 - 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 | - 6 - 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. | - 7 - 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|  |